The Cattle Identification (Scotland) Regulations 2007

Regulation 5

SCHEDULE 1SEar Tags

Application of ear tagsS

1.—(1) Any keeper of animals who fails to comply with the requirements of Article 4(1) [F1or Article 4a(1)] of Regulation (EC) No. 1760/2000 is guilty of an offence.

(2) The period determined for the purposes of [F2said Article 4a] is–

(a)in the case of a dairy animal–

(i)within 36 hours of birth for the first tag; and

(ii)within 20 days of birth for the second tag;

(b)in the case of bison, within 9 months of birth or when the animal is separated from its mother, whichever is sooner, in accordance with Articles 1 and 2 of Commission Regulation (EC) No. [F3509/1999]; and

(c)in the case of any other animal, within 20 days of birth.

(3) The identification code for the purposes of Article 1(2) of Commission Regulation (EC) No. 911/2004 shall be the following information in the following order–

(a)the letters “UK”; and

(b)the number allocated by the Scottish Ministers that is unique to an animal in a herd and contains 12 digits.

[F4(4) Any keeper whose animal is born on an additional holding must apply ear tags to that animal indicating the unique numeric identity either of the principal holding of that keeper or of the additional holding on which that animal was born.]

Animals imported from third countriesS

2.—(1) Any keeper of an animal from a third country shall apply ear tags to that animal in accordance with Article [F54b] of Regulation (EC) No. 1760/2000.

[F6(1A) The period determined for the purposes of the first subparagraph of Article 4b(2) is—

(a)within the period of 20 days beginning with the day on which the veterinary checks referred to in Article 4b(1) are completed; or

(b)before the animal leaves the holding of destination,

whichever is sooner.]

(2) Sub paragraph (1) does not apply where the holding of destination of the animal is a slaughterhouse and the requirements of [F7the third subparagraph of Article 4b(1)] of Regulation (EC) No. 1760/2000 are met.

(3) Failure to comply with this paragraph is an offence.

Animals kept for cultural or historical purposesS

3.—(1) Any keeper who keeps animals for cultural or historical purposes may apply to the Scottish Ministers to have the holding on which the animals are kept registered for those purposes in accordance with Article 1 of Commission Regulation (EC) No. 644/2005.

(2) If the Scottish Ministers approve a holding for those purposes the derogations in Article 2 of said Regulation apply provided that the animals are identified by means of an electronic identifier contained in a ruminal bolus.

Movement of animalsS

4.—(1) Subject to sub paragraph (3), any person who fails to comply with the prohibition on movement in the third indent of Article [F84a(1)] of Regulation (EC) No. 1760/2000 is guilty of an offence.

(2) Subject to sub paragraph (3), any person who moves from a holding an animal not bearing a means of identification that should have been applied in accordance with previous cattle tagging legislation is guilty of an offence.

(3) An officer of the Scottish Ministers or an inspector may issue a licence allowing an animal not bearing a means of identification applied in accordance with these Regulations or previous cattle tagging legislation to be moved from a holding to a specified holding.

Replacement ear tagsS

5.—(1) In accordance with [F9the first subparagraph of Article 4d,] of Regulation (EC) No. 1760/2000 no ear tag may be removed [F10, modified] or replaced without the permission of the Scottish Ministers.

(2) The keeper of any animal born on or after 1st January 1998 whose ear tag has been removed or lost or become illegible shall within 28 days of ascertaining that fact apply to the animal a replacement ear tag bearing the same identification code as the ear tag that is to be replaced and–

(a)where the ear tag that is to be replaced is a primary tag, the replacement ear tag shall be a primary tag; and

(b)where the ear tag that is to be replaced is a secondary tag, the replacement ear tag may be a primary tag or a secondary tag.

(3) In the case of an animal born before 1st January 1998 whose ear tag has been removed or lost or become illegible–

(a)the keeper shall within 28 days of ascertaining that fact apply to the animal–

(i)a single ear tag; or

(ii)2 ear tags applied as if in accordance with paragraph 1 and [F11Articles 4(1) and 4a] of Regulation (EC) No. 1760/2000;

(b)the identification code on any replacement ear tag shall be–

(i)the same as the identification code on the ear tag to be replaced; or

(ii)a new identification code meeting the requirements of paragraph 1(3); and

(c)if a different identification code is applied under sub paragraph (3)(b)(ii) the keeper shall within 14 days of the replacement ear tag being applied or before the animal is moved off the holding, whichever is the sooner–

(i)notify the Scottish Ministers of the new identification code; and

(ii)send to the Scottish Ministers the identification document for the animal.

(4) This paragraph applies to replacement of ear tags applied under these Regulations, previous cattle tagging legislation or any provision giving effect to Regulation (EC) No. 820/1997 [F12 2000 EUR1760 of the European Parliament and of the Council establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation 1997 EUR0820 as it has effect in EU law,] or Regulation (EC) No. 1760/2000 in England and Wales, the Channel Islands, the Isle of Man, Northern Ireland or [F13a] member State.

(5) Failure to comply with this paragraph is an offence.

Approved ear tagsS

6.—(1) Any person who applies an ear tag under Regulation (EC) No. 1760/2000 or Commission Regulation (EC) No. 911/2004 other than an ear tag approved by the Scottish Ministers is guilty of an offence.

(2) Subject to sub-paragraph (3), the Scottish Ministers shall only approve ear tags that comply with Articles 1 to 3 of Commission Regulation (EC) No. 911/2004 and bear the logo specified in paragraph 12.

(3) In accordance with [F14Article 4] of Commission Regulation (EC) No. 911/2004, the Scottish Ministers may approve ear tags of a different material or model than that specified in Articles 2 and 3 of Commission Regulation (EC) No. 911/2004 for the second of the 2 ear tags to be applied to an animal.

Supplementary informationS

7.  In accordance with Article 1(3) of Commission Regulation (EC) No. 911/2004, at the request of a keeper a manufacturer of approved ear tags may add a bar code to an ear tag.

Intra-Community tradeS

F158.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Storage of ear tagsS

9.—(1) Any person who has possession of unused ear tags issued for the purposes of Regulation (EC) No. 1760/2000 and these Regulations shall keep them in a secure place.

(2) Failure to comply with this paragraph is an offence.

Application of ear tags to other animalsS

10.  It is an offence to apply to an animal an ear tag with an identification code that has previously been used to identify a different animal.

Alteration of ear tagsS

11.  It is an offence to alter, obliterate or deface the information on any ear tag applied to an animal under these Regulations, previous cattle tagging legislation or any provision giving effect to Regulation (EC) No. 820/97 [F16, 2000 EUR1760 of the European Parliament and of the Council establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation 1997 EUR0820 as it has effect in EU law,] or Regulation (EC) No. 1760/2000 in England and Wales, the Channel Islands, the Isle of Man, Northern Ireland or [F17a] member State.

Logo for ear tagsS

12.  The logo for ear tags is

Regulation 6

SCHEDULE 2SNotification

Notification of birth etc.S

1.—(1) In accordance with Article 7(1) of Regulation (EC) No. 1760/2000, a keeper shall notify the Scottish Ministers of–

(a)the birth of an animal;

(b)the arrival of an animal from the Channel Islands, the Isle of Man, Northern Ireland or [F18a] member State;

(c)the arrival of an animal imported from a third country.

(2) Notification in accordance with sub-paragraph (1) shall be made by means of an application for a cattle passport in accordance with paragraphs 1 to 4 of Schedule 3.

(3) Failure to comply with this paragraph is an offence.

Notification of movementS

2.—(1) In accordance with Article 7(1) of Regulation (EC) No. 1760/2000, the keeper of an animal moved on to or off a holding shall notify the Scottish Ministers of that movement.

(2) The period determined for the purposes of said Article 7(1) is 3 days from the date the animal is moved [F19on to or] off the holding.

(3) For the purpose of this paragraph, notification of movement shall be made in such form and manner as is from time to time approved by the Scottish Ministers.

(4) Failure to comply with this paragraph is an offence.

[F20Notification of deathS

3.—(1) When an animal is killed in a slaughterhouse, the occupier of the slaughterhouse shall within 7 days of its death—

(a)notify the Scottish Ministers of its death, in such form and manner as is from time to time approved by them, in accordance with Article 7(1) of Regulation (EC) No. 1760/2000; and

(b)return the cattle passport for that animal to the Scottish Ministers F21....

(2) When an animal is killed elsewhere than a slaughterhouse and its body is sent to a slaughterhouse for dressing—

(a)the keeper at the time the animal is killed shall—

(i)enter the details of its death in the cattle passport;

(ii)ensure that the cattle passport for that animal accompanies the body of the animal to the slaughterhouse; and

(iii)ensure that the body of the animal is delivered to the slaughterhouse within such time as to enable the occupier of the slaughterhouse to comply with head (b); and

(b)the occupier of the slaughterhouse shall within 7 days of the animal’s death—

(i)notify the Scottish Ministers of its death, in such form and manner as is from time to time approved by them, in accordance with Article 7(1) of Regulation (EC) No. 1760/2000; and

(ii)return the cattle passport for that animal to the Scottish Ministers F22....

(3) In any other case when an animal dies, the keeper shall within 7 days of its death—

(a)notify the Scottish Ministers of its death, in such form and manner as is from time to time approved by them, in accordance with Article 7(1) of Regulation (EC) No. 1760/2000; and

(b)either—

(i)return the identification document for that animal to the Scottish Ministers F23...; or

(ii)where no identification document for that animal is available, provide reasons when notifying under head (a) for the non-compliance with head (b)(i).

(4) Subject to paragraph (5), failure to comply with this paragraph is an offence.

(5) Failure to comply with sub-head (i) or (ii) of sub-paragraph (2)(b) is not an offence where it is shown that the occupier of the slaughterhouse had reasonable excuse for not complying with that sub-head.]

Regulation 7

SCHEDULE 3SCattle Passports etc.

PART 1SGeneral

Application for a cattle passport on the birth of an animalS

1.—(1) On the birth of an animal the keeper shall submit an application for a cattle passport to the Scottish Ministers within 7 days of–

(a)in the case of bison, the birth of the animal;

(b)in the case of a dairy animal, the date the second ear tag is applied to the animal in accordance with Article 4(1) of Regulation (EC) No. 1760/2000 and paragraph 1 of Schedule 1; and

(c)in any other case, the date ear tags are applied to the animal in accordance with Article 4(1) of Regulation (EC) No. 1760/2000 and paragraph 1 of Schedule 1.

(2) An application for a cattle passport for a bison shall be accompanied by notification of the identification code of the ear tag that will be attached to the animal.

Applications for cattle passports for animals from F24... member States etc.S

2.—(1) The keeper at the holding of destination of an animal from the Channel Islands, the Isle of Man, Northern Ireland or [F25a] member State, shall, within 15 days of its arrival at that holding send to the Scottish Ministers–

(a)an application for a cattle passport for the animal; and

(b)any cattle passport previously issued for the animal under Regulation (EC) No. 820/1997 [F26, Regulation (EC) No 1760/2000 of the European Parliament and of the Council establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No 820/1997 as it has effect in EU law,] or Regulation (EC) No. 1760/2000 in the Channel Islands, the Isle of Man, Northern Ireland or [F27a] member State.

(2) Where an animal to which sub-paragraph (1) applies enters a market or showground on arrival in Scotland, the holding of destination is the holding to which the animal is moved from the market or showground.

(3) Sub-paragraph (1) does not apply in relation to an animal whose holding of destination is a slaughterhouse.

Applications for cattle passports for animals from third countriesS

3.—(1) The keeper at the holding of destination of an animal from a third country shall apply for a cattle passport for the animal within 15 days of the date it is tagged in accordance with [F28Article 4b] of Regulation (EC) No. 1760/2000.

(2) Sub-paragraph (1) does not apply in relation to an animal whose holding of destination is a slaughterhouse.

Method of applicationS

4.  An application for a cattle passport shall be made in such form and manner as is from time to time approved by the Scottish Ministers.

Issue of cattle passports etc.S

5.—(1) On receipt of a properly completed application for a cattle passport submitted under paragraphs 1, 2 or 3 and made in accordance with paragraph 4 the Scottish Ministers shall issue a cattle passport.

(2) The Scottish Ministers may issue a cattle passport when an application is submitted outwith the time limits specified in paragraphs 1 to 3 if they are satisfied that it would be reasonable to do so in all the circumstances of the case.

(3) If the Scottish Ministers are not satisfied that a cattle passport should be issued they shall issue a notice of registration for the animal for which the application was submitted.

(4) Any identification document issued by the Scottish Ministers remains the property of the Scottish Ministers at all times.

Retention of identification documentsS

6.—(1) The keeper of any animal for which an identification document has been issued shall retain said document and produce it to an inspector on demand.

(2) Failure to comply with this paragraph is an offence.

Replacement cattle passportsS

7.—(1) The keeper of any animal whose identification document (except a notice of registration) has been lost, stolen, destroyed or become illegible shall submit an application for a cattle passport to the Scottish Ministers within 14 days of becoming aware of that fact.

(2) On receipt of an application submitted under sub-paragraph (1) and made in accordance with paragraph 4 the Scottish Ministers shall issue a cattle passport if they are satisfied that all movements of the animal since its birth or entry to Great Britain can be traced accurately.

(3) If the Scottish Ministers are not satisfied that a cattle passport should be issued for an animal for which an application is submitted under sub-paragraph (1)–

(i)they shall issue a notice of registration for that animal; and

(ii)the animal shall not be moved off the holding except under the authority of a licence issued by the Scottish Ministers.

(4) A keeper or person who has kept an animal for which a cattle passport has been issued under sub-paragraph (2) who subsequently recovers the original identification document shall within 7 days of recovering it send written notification of that fact to the Scottish Ministers and return the original identification document to them.

[F29(5) Failure to comply with sub-paragraph (1) or (4) is an offence.]

Replacement notices of registrationS

8.—(1) The keeper of an animal whose notice of registration has been lost, stolen, destroyed or become illegible shall submit an application for a notice of registration to the Scottish Ministers within 14 days of the date of becoming aware of that fact.

(2) An application for a notice of registration shall be made in such form and manner as is from time to time approved by the Scottish Ministers.

(3) On receipt of a properly completed application the Scottish Ministers shall issue a notice of registration.

FeesS

9.  The Scottish Ministers may impose a reasonable fee for processing an application for a replacement cattle passport.

Missing animalsS

10.—(1) If an animal for which an identification document has been issued is lost or stolen, the keeper shall within 7 days of becoming aware of that fact notify the Scottish Ministers of it and return the identification document to them.

(2) Failure to comply with this paragraph is an offence.

Surrender of identification documentsS

11.—(1) An officer of the Scottish Ministers or a local authority inspector may serve a notice on a keeper requiring the surrender of an identification document or a movement card if that officer or inspector reasonably believes that the provisions of Regulation (EC) No. 1760/2000 or these Regulations have not been complied with.

(2) Any person on whom a notice is served under sub-paragraph (1) who fails to comply with the notice is guilty of an offence.

[F30AlterationS

12.  It is an offence to alter any information in an identification document, movement card or movement document with intent to deceive, or to deface such a document.]

[F30MisuseS

13.  It is an offence to use an identification document, movement card or movement document in relation to an animal other than the animal for which it was issued.]

PART 2 SMovement and cattle passports etc.

Movement off a holdingS

14.—(1) The keeper of any animal that is to be moved off a holding shall–

(a)enter the date of movement in and sign any cattle passport issued for that animal; and

(b)pass its identification document (except a notice of registration) to any person transporting the animal from the holding.

[F31(2) But sub-paragraph (1) does not apply to moving an animal between a principal holding and an additional holding.

(3) A person who fails to comply with sub-paragraph (1) commits an offence.]

Transporting animalsS

15.—(1) No person shall knowingly transport an animal that is not accompanied by its identification document.

[F32(2) But sub-paragraph (1) does not apply to transporting an animal between a principal holding and an additional holding.

(3) A person who fails to comply with sub-paragraph (1) commits an offence.]

Movement on to a holdingS

16.—(1) Any person transporting an animal shall pass its identification document (except a notice of registration) to the keeper at the holding to which the animal is delivered.

[F33(1A) But sub-paragraph (1) does not apply to a person transporting an animal between a principal holding and an additional holding.]

(2) The keeper taking possession of any animal that is accompanied by a cattle passport shall within [F3448] hours of the arrival of the animal on the holding–

(a)enter in the cattle passport–

(i)the date of movement on to the holding;

(ii)the holding number; and

(iii)the name and address of that keeper; and

(b)sign the cattle passport.

(3) Any animal to which sub-paragraph (2) applies shall not be moved off the holding until the requirements of that sub-paragraph have been complied with.

(4) Failure to comply with this paragraph is an offence.

Animals from outside Great BritainS

17.—(1) If any animal arrives in Scotland from outside Great Britain it may be moved from its point of entry into Scotland to the holding at which its arrival must be notified to the Scottish Ministers in accordance with paragraph 1 of Schedule 2 if it is accompanied by–

(a)a cattle passport issued for that animal under Regulation (EC) No. 820/1997 [F35, Regulation (EC) No 1760/2000 of the European Parliament and of the Council establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No 820/1997 as it has effect in EU law,] or Regulation (EC) No. 1760/2000 in [F36a] member State, the Channel Islands, the Isle of Man or Northern Ireland; or

(b)a movement document.

(2) The keeper at the holding referred to in sub-paragraph (1) shall within 36 hours of the arrival of the animal on the holding–

(a)enter in the cattle passport–

(i)the date of movement on to the holding;

(ii)the holding number; and

(iii)the name and address of that keeper; and

(b)sign the cattle passport.

(3) Any animal to which this paragraph applies shall not be moved off the holding until the requirements of sub-paragraph (2) have been complied with.

(4) Failure to comply with this paragraph is an offence.

Export to third countriesS

18.—(1) F37... The keeper of any animal that is exported to a third country shall send the cattle passport for that animal to the Scottish Ministers within 7 days of the departure of the animal from Scotland.

(2) Failure to comply with this paragraph is an offence.

MarketsS

19.—(1) The operator of a market shall not allow an animal to enter the market unless it is accompanied by–

(a)an identification document;

(b)a cattle passport issued for that animal under Regulation (EC) No. 820/1997 [F38, Regulation (EC) No 1760/2000 of the European Parliament and of the Council establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No 820/1997 as it has effect in EU law,] or Regulation (EC) No. 1760/2000 in [F39a] member State, the Channel Islands, the Isle of Man or Northern Ireland; or

(c)a movement document.

(2) Failure to comply with this paragraph is an offence.

Animals with notices of registrationS

20.—(1) No person shall move an animal for which a notice of registration has been issued from a holding except under the authority of a licence.

(2) Failure to comply with this paragraph is an offence.

LicencesS

21.  An officer of the Scottish Ministers or an inspector may issue a licence allowing an animal to be moved without an identification document if the officer or inspector is satisfied that it is necessary to move the animal.

Regulation 8

SCHEDULE 4SRecords

RecordsS

1.—(1) In accordance with the first indent of Article 7(1) and Article 7(4) of Regulation (EC) No. 1760/2000, a keeper of animals shall keep a register.

(2) The register shall contain–

(i)the information required under Article 8 of Commission Regulation (EC) No. 911/2004;

[F40(ii)in the case of animals born on the holding for which the register is kept, the identification code of the dam (in the case of embryo transfer, that of the surrogate dam and, if known, genetic dam).]

(3) In the case of an animal born before 1st April 1995 that is not identified by means of an ear tag with an identification code, the register shall also contain a description of any means of identification applied under previous cattle tagging legislation.

(4) The keeper shall complete the register at the following times–

(a)in the case of the movement of an animal on to or off a holding, within [F4148] hours of the movement;

(b)in the case of the birth of a dairy animal, within 7 days of the birth;

(c)in the case of the birth of an animal other than a dairy animal, within 30 days of the birth;

(d)in the case of the death of an animal, within 7 days of the death; and

(e)in the case of an ear tag being replaced with an ear tag with a different identification code, within [F4248] hours of the replacement ear tag being applied.

(5) Failure to comply with this paragraph is an offence.

Provision of informationS

2.  Any person who fails to comply with a request for information in accordance with Article 7(3) of Regulation (EC) No. 1760/2000 is guilty of an offence.

Retention of recordsS

3.—(1) For the purposes of Article 7(4) of Regulation (EC) No. 1760/2000 the period determined by the Scottish Ministers for which a register must be available is–

(a)10 years in the case of a farm; and

(b)3 years in any other case.

(2) That period shall be calculated from the end of the calendar year in which the last entry was made in the register.

(3) Any record made under the Bovine Animals (Records, Identification and Movement) Order 1995 M1 shall be available for the times set out in sub paragraphs (1) and (2).

(4) Failure to comply with this paragraph is an offence.

Regulation 18

SCHEDULE 5SRevocations