The Sheep and Goats (Records, Identification and Movement) Order (Northern Ireland) 2005

PART IINTRODUCTION

Citation and commencement

1.  This Order may be cited as the Sheep and Goats (Records, Identification and Movement) Order (Northern Ireland) 2005 and comes into operation on 1st December 2005.

Interpretation

2.—(1) In this Order—

“approved eartag” in relation to an animal means an eartag approved by the Department and bearing the details specified in Article 4 or such other information as the Department may authorise in writing;

“assembly centre” means an assembly centre as defined in regulation 2(1) of the Animals and Animal Products (Import and Export) Regulations (Northern Ireland) 2005(1) and approved by the Department in accordance with regulation 12(2) of those Regulations;

“collection centre” means any premises used by a dealer for the intermediate reception of animals intended to be moved elsewhere (but does not include a market);

“Council Regulation” means Council Regulation (EC) No 21/2004 of 17 December 2003 establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EC) No 1782/2003 and Directives 92/102/EEC and 64/432/EEC(2);

“Divisional Veterinary Office” means the Divisional Veterinary Office of the Department for the area in which a holding is located;

“flock number” means the number allocated to a flock of sheep under Article 3(4);

“herd number” means the number allocated to a herd of goats under Article 3(4);

“holding number” means a number allocated by the Department under Article 3(4) to any holding on which any animals are kept;

“incineration plant” means an incineration plant to which regulation 14 of the Animal By-Products Regulations (Northern Ireland) 2003(3) applies;

“individual animal identification number” means the unique numeric sequence on an approved eartag on an animal by which the animal may be identified;

“market” means a market place, sale yard or any other premises or place to which animals are brought from any other place to be exposed for sale and includes any place, lairage or parking area adjoining a market and used in connection with it;

“market dispatch document” means a document authorised by the Department for completion by a market operator in respect of the movement of animals from a market;

“member State” means any member State of the European Union other than the United Kingdom;

“movement document” means the pre-printed document supplied by the Department to a keeper for use in the notification of the movement of an animal for the purposes of Article 18;

“previous Orders” means—

“reconciliation period” means the period between 1st December and 5th December in a calendar year;

“processing plant” means a processing plant to which regulation 14 of the Animal By-Products Regulations (Northern Ireland) 2003 applies;

“slaughterhouse” means any premises licensed under the Fresh Meat (Hygiene and Inspection) Regulations (Northern Ireland) 1997(7) and used for the slaughtering of animals the flesh of which is intended for human consumption; and

“vehicle” means any form of road transport conveyance used for the movement of animals and includes a trailer.

(2) Other expressions defined in the Council Regulation have the same meaning in this Order.

Notification of a holding

3.—(1) A person who keeps an animal on a holding shall comply with Article 7(2) of the Council Regulation and this Article.

(2) Subject to paragraph (6), a person who keeps an animal on a holding shall give notice to the Department containing particulars of—

(a)the address of the holding;

(b)the name and address of the owner, and, if different the occupier of the holding;

(c)the name and address of the keeper of the animal;

(d)any numbers or codes used to identify animals on the holding;

(e)any cattle or pigs on the holding; and

(f)in relation to—

(i)cattle on the holding, any unique identification code allocated under regulation 3(1)(b) of the Cattle Identification (No.2) Regulations (Northern Ireland) 1998(8); and

(ii)pigs on the holding, a holding number allocated under paragraph 3(3) of the Schedule to the Aujeszky’s Disease Scheme Order (Northern Ireland) 1994(9).

(3) In the case of a holding used for keeping animals on the date this Order comes into operation the notice required by paragraph (2) shall be given within 7 days of that date and in any other case shall be given within 7 days of the holding first being used to keep animals.

(4) On receiving notification under paragraph (2), the Department may allocate to the keeper, a holding number and, in the case of sheep, a flock number or, in the case of goats, a herd number.

(5) Where in relation to a holding to which paragraph (1) applies—

(a)there is a change in the identity of the person keeping animals on the holding or in any other details notified under this Article;

(b)all the animals on the holding are slaughtered, sold or otherwise disposed of,

the keeper shall notify the Department accordingly within 30 days of such change or disposal of animals.

(6) A notification made to the Department under Article 3 (1) of the Identification and Movement of Sheep and Goats Order (Northern Ireland) 2004 shall, notwithstanding the revocation of that Order, be regarded as a notification for the purpose of paragraph (2).

PART IIEARTAGS

Approval of eartags

4.  An approved eartag is an eartag bearing—

(a)the indicator “UK 9”;

(b)the flock number or herd number of the flock or herd the animal is leaving; and

(c)a unique number allocated to the animal by the keeper from the sequence allocated to him by the Department, which is unique in that flock or herd and contains no more than 6 digits.

Design of eartags

5.—(1) All eartags, including replacement eartags, shall be of a design approved by the Department.

(2) All eartags shall be manufactured, sold or supplied in accordance with an authorisation issued by the Department.

(3) The manufacturer shall print on the eartags all the information required by this Order and the Council Regulation.

(4) A person shall not manufacture, sell or supply an eartag for the purpose of identifying an animal, other than a sheep or goat, that is not readily distinguishable by its difference in size and colour from an approved eartag for the identification of animals under the provisions of this Order.

(5) A person shall not manufacture, sell or supply an eartag with a herd or flock number allocated by the Department to any other person for the purposes of identifying animals on any other holding.

(6) The Department may only approve an eartag under paragraph (1) if it is satisfied that the eartag is—

(a)made of non-degradeable material;

(b)tamper-proof;

(c)easy to read throughout the animal’s lifetime;

(d)designed to remain attached to the animal without being harmful to it;

(e)incapable of re-use; and

(f)permanently marked with the information required by this Order.

Additional information

6.—(1) In accordance with Section A.2 of the Annex to the Council Regulation, a manufacturer of eartags may add additional information to the identification number at the request of the keeper ordering the tags, provided that this information is printed on the inner side of the tag.

(2) In accordance with Section A.2 of the Annex to the Council Regulation, a manufacturer of electronic transponders may add additional information to the identification number on the casing of the transponder at the request of the keeper, provided that the identification number remains legible at all times.

(3) Notwithstanding paragraphs (1) and (2), a person shall not add further information to any means of identification unless authorised by the Department to do so.

Identification number

7.—(1) In the case of an animal born on or after 9th July 2005, all references in this Order to the “identification number” of an animal are references to the number on the eartag applied to the animal in accordance with—

(a)Article 4(2)(a) of the Council Regulation and Article 9(2), in the case of animals born in Northern Ireland; or

(b)Article 4(4) of the Council Regulation and Article 12(3), in the case of animals imported into Northern Ireland from a third country.

(2) In the case of an animal born on or before 8th July 2005, all references in this Order to the “identification number” of an animal are references to—

(a)the individual animal identification number applied to an animal in accordance with the Identification and Movement of Sheep and Goats Order (Northern Ireland) 2004; or

(b)if the animal is not so identified, the number on the eartag applied in accordance with Article 8.

PART IIIIDENTIFICATION OF ANIMALS

Identification of animals born on or before 8th July 2005

8.—(1) In the case of an animal born on or before 8th July 2005 that is not individually identified, the keeper shall attach to the animal’s left ear, a green approved eartag before it is moved off the holding.

(2) This Article does not apply to any animal that is individually identified with an eartag or tattoo applied under previous Orders or, (in the case of an animal from England, Scotland or Wales) an eartag applied under any previous provisions which give effect to the Council Regulation in England, Scotland or Wales.

Identification of animals born in Northern Ireland on or after 9th July 2005

9.—(1) The keeper shall identify an animal born on or after 9th July 2005 in accordance with Article 4(1) and (2) of the Council Regulation and this Article.

(2) For the purposes of Article 4(1) of the Council Regulation, the keeper of an animal to which this Article applies shall attach to the animal’s left ear, a green approved eartag (hereinafter referred to as the “natal tag”)—

(a)9 months from the date of birth; or

(b)before the animal leaves the holding on which it was born;

whichever is the earlier.

(3) For the purposes of Article 4(2)(b) of the Council Regulation, the second means of identification is—

(a)an eartag conforming to Section A.4 of the Annex to the Council Regulation;

(b)an electronic transponder conforming to Sections A.2, A.4 and A.6 of the Annex to the Council Regulation; or

(c)in the case of goats only, a mark on the pastern.

(4) A person shall not add numbers or letters to an eartag other than in accordance with this Order.

(5) A person shall not attach an eartag to any animal unless that eartag is—

(a)approved by the Department; and

(b)inscribed with the indicator “UK 9”, the appropriate herd or flock number and an individual animal identification number allocated to the animal.

Derogation from the requirement to apply a second means of identification

10.—(1) Subject to paragraph 2, in accordance with Article 4(2)(c) of the Council Regulation, the system to replace the second means of identification in accordance with Section A.5 of the Annex to that Regulation is set out in Schedule 1.

(2) The provisions of Schedule 1 shall apply in addition to the requirements of—

(a)Part III of this Order and Article 4 of the Council Regulation (identification of animals born on or after 9th July 2005);

(b)Part IV of this Order and Article 5 of the Council Regulation (holding register); and

(c)Part V of this Order and Article 6 of the Council Regulation (movement documents).

Animals intended for slaughter

11.  The identification method in Article 4(3) of the Council Regulation and Section A.7 of the Annex to that Regulation shall not be used.

Identification of animals imported from third countries

12.—(1) The keeper shall comply with Article 4(4) of the Council Regulation and this Article, in the case of an animal imported from a third country.

(2) For the purposes of Article 4(4) of the Council Regulation, the period for identifying an animal with a green approved eartag in its right ear is 6 days.

(3) Where an animal is imported into Northern Ireland from any place outside the European Community it may be moved from the point of importation to the holding of destination stated on the health certificate accompanying it, without an approved eartag, but within 6 days of the date of its importation (unless it is slaughtered without being moved from the holding of destination within that time), or before it is moved from the holding of destination if sooner, the keeper on the holding of destination shall identify the animal by attaching a green approved eartag to its right ear.

Receipt and identification of animals from England, Scotland, Wales or a member State

13.—(1) A person shall not receive an animal from a member State unless it is identified in accordance with—

(a)the Council Regulation, in the case of an animal born on or after 9th July 2005; or

(b)Council Directive 92/102/EEC on the identification and registration of animals(10) in the case of an animal born on or before 8th July 2005.

(2) A person shall not receive an animal from England, Scotland or Wales unless it is identified in accordance with paragraph (1) (a) or (b) and accompanied by a movement document in accordance with the Council Regulation and any provisions which give effect to the Council Regulation in England, Scotland or Wales.

(3) Where an animal is imported into Northern Ireland from England, Scotland, Wales or a member State and moved onto a holding, other than a slaughterhouse, the keeper shall not remove or replace any eartag attached to the animal at the time of importation and shall, within 6 days of movement onto the holding, identify the animal by attaching a green approved eartag to the animal’s right ear.

Removal of identification

14.—(1) A person shall not—

(a)tamper with, remove or deface, or cause or permit to be tampered with, removed or defaced any approved eartag;

(b)deface or obliterate, or cause or permit to be defaced or obliterated any tattoo;

(c)remove or tamper with, or cause or permit to be removed or tampered with, any electronic transponder;

(d)alter, or cause or permit to be altered, any information contained on any eartag, tattoo or electronic transponder attached to an animal under—

(i)the Council Regulation;

(ii)this Order or any provisions which give effect to the Council Regulation in England, Scotland or Wales;

(iii)the previous Orders; or

(iv)Council Directive 92/102/EEC (in the case of an animal marked in another member State in accordance with that Directive).

(2) A person shall not alter, remove, obliterate or deface the original identification applied to an animal originating in a member State in contravention of Article 4(5) of the Council Regulation.

(3) A person shall not—

(a)transfer an approved eartag from an animal or a carcase to any other animal;

(b)use for identifying any animal an approved eartag which has at any time been used to identify any other animal;

(c)remove an approved eartag except in accordance with the permission of the Department;

(d)replace an approved eartag other than in accordance with this Order;

(e)have in his possession an approved eartag which bears an individual animal identification number already allocated to an animal on his holding or any other holding except a replacement approved eartag specifically authorised by the Department;

(f)have in his possession an animal bearing an eartag which is not an approved eartag, but which resembles an approved eartag in terms of shape, size or colour;

(g)have in his possession without lawful excuse, an approved eartag bearing an individual animal identification number other than that issued to him in accordance with the provisions of this Order.

(4) For the purposes of this Article any reference to an “approved eartag” includes any other means of identification attached to an animal under the Council Regulation or previous Orders.

(5) A keeper shall comply with Article 4(6) (first paragraph) of the Council Regulation.

PART IVHOLDING REGISTER

Holding register

15.—(1) A keeper (other than a transporter) shall comply with the following provisions of the Council Regulation and, in the case of a holding register, shall complete and keep that register in accordance with this Article—

(a)Article 5(1) (keeping of a register);

(b)Article 5(3) (format, production, retention and availability of the register);

(c)Article 5(5) (supply of information); and

(d)Article 7(2) (annual inventory of animals).

(2) For the purposes of Article 5(2) of the Council Regulation, when any animal is moved on to or off a holding the keeper shall record—

(a)the relevant details set out in the form in Schedule 2; and

(b)the details on the natal tag and, if it is different, the details on the second means of identification (in the case of any animal identified in accordance with Article 4 (2)(a) and (b) of the Council Regulation).

(3) For the purposes of Article 5(3) of the Council Regulation, the period for which the register shall be available is 3 years from the end of the month in which the last entry was made.

(4) The derogation in Article 5(4) of the Council Regulation shall not apply.

Records

16.  A person required by this Order to keep a record shall—

(a)record the necessary details, within 7 days, of the—

(i)identification or movement of an animal, as the case may be;

(ii)discovery of the death of a tagged animal;

(iii)end of the lambing season, the total number of births; and

(b)on demand by an inspector, produce to him that record and such an inspector shall be entitled to inspect and take extracts therefrom.

Inventory of animals

17.—(1) For the purposes of Article 7(2) of the Council Regulation, a person by whom a record is required to be kept under this Order shall annually check, on a date during the reconciliation period, the total numbers of animals on the holding including the categories to which they belong, the occupation of the keeper and the type of production.

(2) The keeper of an animal shall record, by the end of the reconciliation period each year, the particulars specified in the holding register set out in Schedule 2.

(3) The findings of an annual inventory carried out in accordance with paragraph (1) shall be communicated to the Department in such form and manner as it may from time to time determine.

PART VMOVEMENT DOCUMENTS

Movement documents

18.—(1) A keeper shall comply with Article 6 of the Council Regulation and this Article.

(2) For the purposes of Article 6(1) of the Council Regulation, the movement document shall be completed by the keeper and shall be in the form set out in Schedule 3.

(3) A keeper shall not move or cause or permit to be moved, any animal from a holding unless—

(a)the Department has allocated to the keeper a herd or flock number in respect of that holding;

(b)the animal is identified in accordance with the relevant provisions of this Order;

(c)he notifies the Department in accordance with Article 19 and the animal is accompanied by a movement document correctly completed and signed by the keeper in accordance with this Article.

(4) In relation to the movement of an animal off a holding, the keeper shall correctly complete and sign a movement document in accordance with paragraph (5).

(5) A movement document shall contain the following details—

(a)the total number and categories of animals moving off the holding;

(b)the details on the natal tag and, if it is different, the details on the second means of identification ( in the case of any animal identified in accordance with Article 4 (2)(a) and (b) of the Council Regulation);

(c)in the case of an animal originating in another member State and identified with both a first and second means of identification in accordance with Article 4(2)(a) and (b) of the Council Regulation, the original identification applied to the animal in that member State;

(d)the flock or herd number of the animals moving off the holding and the individual animal identification number of each animal;

(e)the keeper’s name, address and holding number;

(f)the date of movement of the animals off the holding;

(g)the name and address of the transporter, the means of transport and the registration number of the vehicle in which the animals are moved off the holding; and

(h)the purchaser’s name, address, holding number and signature.

(6) The duty of a keeper to correctly complete a movement document in accordance with paragraph (4) shall also apply to the operator of a slaughterhouse if for any reason live animals are rejected from the slaughterhouse.

(7) Where an animal is moving off a holding to a market, collection centre, exhibition or show, the keeper shall, in addition to the information set out in paragraph (5), record the name and address of the market, collection centre, exhibition or show.

Supply of a movement or market dispatch document

19.—(1) A movement or market dispatch document shall be—

(a)sent to the Divisional Veterinary Office within 7 days of the movement to which it relates; or

(b)where the keeper is the operator of a market or slaughterhouse, delivered by him to the Divisional Veterinary Office on the day of movement to which it relates or, where this is not reasonably practicable, on the next following working day.

(2) The keeper of an animal shall ensure that a copy of the movement or market dispatch document accompanies the animal to which it relates while it is in transit and shall, on demand made by an inspector or by a member of the Police Service of Northern Ireland—

(a)produce that document and allow a copy thereof or an extract therefrom to be taken; and

(b)furnish his name and address.

(3) For the purposes of Article 6(3) of the Council Regulation, a person to whom a movement or market dispatch document is supplied under this Article shall keep a copy of such document for a period of 3 years following the end of the month in which the document was received.

(4) A keeper of an animal who supplies a movement document in accordance with this Article shall keep a copy of such document for a period of 3 years following the end of the month in which the document was supplied.

(5) The derogation in Article 6(4) of the Council Regulation shall not apply.

(6) In the case of an animal moved to another holding—

(a)upon its arrival at the holding of destination, the transporter shall give a copy of the movement or market dispatch document to the keeper at the holding of destination; and

(b)the keeper at the holding of destination shall send the original movement or market dispatch document to the Divisional Veterinary Office within 7 days of the animal’s arrival at the holding of destination.

(7) A person required by this Order to keep a copy of a movement or market dispatch document shall on demand by an inspector, produce to him that movement or market dispatch document and such an inspector shall be entitled to inspect and take extracts therefrom.

Electronic notification

20.—(1) The Department may authorise any person to notify the movement of an animal for the purposes of Article 19 by electronic means.

(2) An authorisation under this Article shall specify the format in which the data is to be transmitted and the method of transmission.

(3) Where a keeper is authorised under this Article to notify the movement of any animal by electronic means, any notification he gives pursuant to that authorisation shall contain the same information in relation to that movement and be delivered to the Department within the same time limits as would be required in the case of a notification by a movement document under Article 19.

Market operators

21.—(1) This Article shall apply in addition to the requirements of Article 5 of the Council Regulation and Article 19.

(2) The owner or person in charge of a market shall—

(a)ensure that an animal is not accepted into the market for sale or sold at the market unless it is identified in accordance with this Order;

(b)ensure that an animal is not accepted or exposed for sale or displayed at any market unless it is accompanied by a valid copy of a movement document in accordance with Article 19;

(c)ensure that all animals are divided into groups of one or more animals immediately upon their arrival at the market and that a lot number is allocated to each group and recorded on the movement document which accompanied the animals into the market;

(d)record the lot number allocated under sub-paragraph (c) in the holding register at the market;

(e)endorse the movement or market dispatch document relating to any animal sold in the market with—

(i)the name, address and flock or herd number of the person who purchased the animals;

(ii)the lot number of the sale;

(iii)the name and address of the market; and

(iv)the name and address of the transporter and the registration number of the vehicle in which the animals were removed from the market;

(f)prior to any animal leaving the market, supply the keeper of the animal with a copy of a movement or market dispatch document including full details of the holding or slaughterhouse to which the animal is being consigned;

(g)return the movement or market dispatch documents referred to in (e) and (f) to the Divisional Veterinary Office in accordance with Article 19(1)(b); and

(h)retain a copy of any movement or market dispatch document for an animal entering or leaving the market for a period of 3 years following the end of the month in which the document was completed.

PART VIMISCELLANEOUS

Export of animals to a member State

22.—(1) A person who exports or consigns for export to a member State, any animal, shall ensure that, in addition to any other requirement in this Order for the identification of the animal, it has attached to its left ear, in such a position as not to obscure any other tag, a blue approved eartag bearing—

(a)the indicator “UK 9” and the flock or herd number of the exporter; and

(b)an individual animal identification number relevant to that holding.

(2) Notwithstanding paragraph (1), a person shall not export to a member State—

(a)any animal which has lost both its approved eartags from the left and right ears or to which an orange approved eartag has been applied in accordance with paragraph 1(4) (c) of Schedule 1;

(b)an animal born on or before 8th July 2005 if it is marked with an eartag or tattoo with the letter “R” indicating that it is a replacement eartag or tattoo applied in accordance with the equivalent legislation in Great Britain; or

(c)an animal born on or after 9th July 2005 if the first means of identification has been lost or damaged and not replaced or not replaced in accordance with the equivalent legislation in Great Britain.

Slaughterhouse operators

23.  The owner or person in charge of a slaughterhouse shall—

(a)take reasonable steps to satisfy himself of the place of origin and movement history of any animal presented for slaughter;

(b)ensure that an animal is not accepted for slaughter or slaughtered unless it is identified in accordance with this Order;

(c)with the exception of those animals in the category specified at paragraph (e), ensure that an animal is not accepted for slaughter unless it is accompanied by a valid copy of a movement document in accordance with Article 19;

(d)endorse the movement document relating to the animal with the name and address of the owner or person in charge of the slaughterhouse and such further information as the Department may specify on the movement document;

(e)in the case of an animal not originating from a holding in Northern Ireland but moving directly to the slaughterhouse from the point of import, ensure—

(i)that it is accompanied by the original veterinary health certificate from the country/region of origin or a copy of the same endorsed by an inspector;

(ii)that the certificate described at sub-paragraph (i) is surrendered to an inspector at the slaughterhouse at the earliest opportunity after arrival of the animal; and

(iii)that the veterinary health certificate described at sub-paragraph (i) is endorsed in a manner specified by the Department upon acceptance of an animal for slaughter, ensuring that every detail specified by the Department in respect of an imported animal has been recorded on the document;

(f)retain a copy of the veterinary health certificate referred to in (e) or the completed movement document referred to in (d) for a period of 3 years following the end of the month in which the document was received;

(g)remove all eartags from each animal and keep them in a secure place and surrender them to the Department on request;

(h)provide such information or returns, as the Department shall determine, in respect of the movement of an animal into the slaughterhouse.

Processing plants, collection centres and incineration plants

24.—(1) The operator of a processing plant, collection centre or incineration plant shall—

(a)remove any eartags from a carcase and keep the eartags in a secure place and surrender them to the Department on request; or

(b)where it is not practicable to remove any eartags from a carcase, ensure that the eartags are disposed of, along with the carcase, at a processing plant or incineration plant.

(2) In this Article “collection centre” means a collection centre to which regulation 27 of the Animal By-products Regulations (Northern Ireland) 2003 applies.

Prohibition of movement

25.—(1) In accordance with Article 12(2) of the Council Regulation, an inspector may serve a notice on a keeper of animals on a holding prohibiting or restricting the movement of animals, or of such animals as may be specified in the notice, to or from the holding if he is satisfied that this is necessary for the enforcement of the Council Regulation or this Order.

(2) The prohibition or restrictions imposed pursuant to a notice served under this Article shall remain in force until the notice is withdrawn.

(3) A person shall not move or cause or permit to be moved any animals specified in a notice issued under paragraph (1) except in accordance with the conditions of an authorisation issued by the Department.

Authorisations

26.—(1) An authorisation, approval, notice or permission under this Order or the Council Regulation shall be in writing, may be made subject to conditions and may be amended, suspended or revoked by notice in writing at any time.

(2) A person to whom any document specified in paragraph (1) is issued shall comply with its requirements.

Transitional and saving provisions

27.  Notwithstanding Article 15, any record in respect of sheep or goats required to be kept by any person under the provisions of the Identification and Movement of Sheep and Goats Order (Northern Ireland) 2004(11) as in operation immediately before the commencement of this Order shall, if made on or before the commencement of this Order, be retained by him for a period of 3 years from the end of the month in which the last entry in the record was made.

Revocation

28.  The Identification and Movement of Sheep and Goats Order (Northern Ireland) 2004 is hereby revoked.