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STATUTORY RULES OF NORTHERN IRELAND


2004 No. 491

AGRICULTURE

Identification and Movement of Sheep and Goats Order (Northern Ireland) 2004

  Made 30th November 2004 

The Department of Agriculture and Rural Development[1], in exercise of the powers conferred on it by Articles 5(1)(b), 19(e) and (g), 44 and 60(1) of the Diseases of Animals (Northern Ireland) Order 1981[2] and of every other power enabling it in that behalf, hereby makes the following Order:

Citation
     1. This Order may be cited as the Identification and Movement of Sheep and Goats Order (Northern Ireland) 2004.

Interpretation
    
2.  - (1) In this Order -

    (2) A notice served or authorisation given to any person under this Order -

    (3) A person on whom a notice is served shall comply with its requirements.

Notification of a holding
     3.  - (1) A person who keeps an animal on a holding shall give notice to the Department containing particulars of -

    (2) In the case of a holding used for keeping animals on the date this Order comes into operation the notice required by paragraph (1) shall be given within 60 days of that date and in any other case shall be given within 30 days of the holding first being used to keep animals.

    (3) On receiving notification under this Article, the Department shall allocate to the keeper, a holding number and, in the case of sheep, a flock mark or, in the case of goats, a herd mark.

    (4) Where in relation to a holding to which paragraph (1) applies there is a change in -

or

Identification of animals
     4.  - (1) The keeper of an animal born after the date of coming into operation of this Order shall -

    (2) Except as otherwise provided by paragraph (3) and Article 11(1) the keeper shall upon movement of an animal onto a holding attach a green approved eartag to the animal's right ear.

    (3) Where an animal which has previously been kept on 2 holdings is moved to a third holding the keeper of that animal shall attach a further approved eartag to the animal's right ear.

    (4) Where an animal to which paragraph (3) applies is moved to any subsequent holding the keeper -

    (5) In this Article "holding" does not include any premises or place used for the time being for the purposes of a market, trading premises, fair, show or sale of animals, slaughterhouse or a veterinary practice or clinic.

Approval of eartags
    
5.  - (1) A person shall not attach an eartag to any animal unless it is -

    (2) A person shall not 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.

    (3) A person shall not sell or supply an eartag with the unique holding number allocated by the Department to any other person for the purposes of identifying animals on any other holding.

Replacement eartags
    
6. Where the keeper of an animal discovers that the characters on an approved eartag attached to that animal have become illegible or that an approved eartag has been lost, he shall, immediately and no later than 24 hours after the discovery -

bearing the information relevant to that holding as specified in Article 5(1)(b).

Alteration of eartags
    
7. A person shall not -

Prohibition on removal of identification marks
    
8. A person shall not -

except under and in accordance with an authorisation issued by an inspector.

Movement of animals
    
9.  - (1) Subject to paragraph (2), a keeper shall not move or cause or permit to be moved, any animal from a flock or herd on his holding unless -

    (2) The notification document shall contain the information specified in paragraph (3) and notification of the movement of an animal shall be either -

    (3)

    (4) The duty of a market operator to correctly complete a notification document in accordance with paragraph (2)(b) shall also apply to the operator of a slaughterhouse if for any reason live animals are rejected from the slaughterhouse.

    (5) A notification document shall be -

    (6) The keeper of an animal shall ensure that a copy of the notification document completed under this Article 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 -

    (7) A person to whom a notification document is supplied under this Article shall keep a copy of such document for a period of 4 years following the end of the year in which the documents were received.

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

Power to restrict movement
     10.  - (1) If a keeper fails to comply with the requirements of this Order an inspector may serve a notice on the keeper prohibiting or restricting the movement of such animals, as may be specified in the notice, to or from the holding.

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

Importation of animals into Northern Ireland
    
11.  - (1) 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, it shall be identified on that holding by attaching a green approved eartag to its right ear.

    (2) Where an animal is imported into Northern Ireland from Great Britain or any Member state and moved onto a holding, other than a slaughterhouse, the keeper shall not remove any eartag attached to the animal at the time of importation and shall attach a green approved eartag to the animal's right ear.

Export of animals to a member State
    
12.  - (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 -

    (2) The provisions of Article 4(1)(b) shall not apply to an animal under the age of 9 months which is being exported to the Republic of Ireland from its holding of origin.

    (3) Notwithstanding paragraph (1), a person shall not export 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 Article 6(c).

Records
    
13.  - (1) The owner or person in charge of any animal shall keep a record of the particulars of such animal as specified in columns A to J of the form set out in the Schedule.

    (2) Where a replacement approved eartag, other than an orange approved eartag, is attached to an animal in accordance with Article 6 the keeper shall, in respect of that animal, keep a record of, and correlate, the original and the replacement individual animal identification number.

    (3) A person by whom a record is required to be kept under this Order shall -

    (4) Without prejudice to paragraphs (1) and (3) the owner or person in charge of sheep shall record, by the end of the reconciliation period each year, the particulars specified in columns G to J of the form set out in the Schedule in respect of sheep owned by him or in his charge.

    (5) A person required by this Order to keep a record or retain a copy of a notification document shall -

Market operators
    
14. The owner or person in charge of a market shall -

Slaughterhouse operators
    
15. The owner or person in charge of a slaughterhouse shall -

Rendering plants, hunt kennels and incinerators
    
16. The operator of a rendering plant, hunt kennel or incinerator shall remove any eartags from any carcase and keep the eartags in a secure place and surrender them to the Department on request.

Transitional and saving provision
    
17. Notwithstanding Article 18, any record in respect of sheep or goats required to be kept by any person under the provisions of the Animals (Records) Order (Northern Ireland) 1997[8] 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 4 years after the making of the last entry in the record and in relation to such records Article 7(2) of that Order is amended accordingly.

Disapplication
     18. The Animals (Records) Order (Northern Ireland) 1997 shall cease to have effect in relation to sheep and goats.

Revocation
    
19. The Identification and Movement of Sheep and Goats Order (Northern Ireland) 1997[9] is hereby revoked.



Sealed with the Official Seal of the Department of Agriculture and Rural Development on


30th November 2004.

L.S.


Liam McKibben
A senior officer of the Department of Agriculture and Rural Development


SCHEDULE
Article 13(1)

Event Codes: B - Birth R - Replaced tag                    
     D - Death AR - Annual Reconciliation                    
     P - Purchased (to include all movement on to the holding) L - Lost, strayed etc.     
BREEDING STOCK
    
     S - Sold (to include all movement off the holding) T - Transfer to breeding flock
Running Totals
A B C D E F G H I J
Date Event Code No. of sheep/ goats     (1) Natal Tag Numbers of animals born on the holding; or

    (2) Movement Document Serial Number of animal/s moved into or out of the holding; or

    (3) Ear Tag Number or Health Cert. Number of imported/exported animal/s.

    (4) Movement or Replacement Tag details of animals moved onto your holding.

Category of sheep/goat e.g. ewe, lamb, ram etc. Name & Address of seller/buyer/market (include market lot No.)/meat plant or means of disposal and details of death. Lambs/Stores Ewes/Ewe Lambs Rams Over-all Total
Number of sheep/goats on the holding - Reconciliation date =                              
                                                 
                                                 
                                                 
                                                 
                                                 
                                                 
                                                 
                                                 
                                                 



EXPLANATORY NOTE

(This note is not part of the Order.)


This Order revokes and replaces the Identification and Movement of Sheep and Goats Order (Northern Ireland) 1997 (as amended).

The Order introduces new provisions for the identification and movement of sheep and goats. It prohibits a person from keeping sheep or goats on any holding unless certain details in respect of that holding are notified to the Department (Article 3).

A duty is imposed on all such persons to ensure that animals are identified in accordance with the Order (Article 4).

Article 5 prohibits a person from attaching to an animal an eartag that has not been approved by the Department and specifies the form of eartag to be used.

Article 6 sets out arrangements for the replacement of eartags where an animal has lost its eartag.

The alteration of eartags is prohibited (Article 7). The removal of identification marks is prohibited except under and in accordance with the authorisation of an inspector (Article 8).

Article 9 prohibits the movement of an animal unless it has been identified in accordance with the Order and places certain duties on the keeper of an animal to notify the Department on the movement of an animal.

Article 10 contains provisions which allow the Department to restrict the movement of animals where a keeper fails to comply with the requirements of the Order.

Article 11 contains provisions on the importation of animals from Great Britain, Member States and countries outside the European Community.

Article 12 contains provisions for the identification of animals which are for export to the Republic of Ireland or to another Member State.

Article 13 sets out the record keeping requirements. Articles 14 and 15 respectively place certain duties on market and slaughterhouse operators. Article 16 places certain duties on the operators of rendering plants, hunt kennels and incinerators. Article 17 contains transitional and saving provisions.


Notes:

[1] The Department of Agriculture for Northern Ireland was renamed the Department of Agriculture and Rural Development by Article 3(4) of the Departments Order 1999 (S.I. 1999/283 (N.I. 1))back

[2] S.I. 1981/1115 (N.I. 22) as amended by S.I. 1984/702 (N.I. 2) Article 17(2) and S.I. 1994/1891 (N.I. 6) Article 23(1) and (2)back

[3] S.R. 2003 No. 495back

[4] S.R. 1997 No.493 as amended by S.R. 1998 No.237, S.R. 2000 No. 78, S.R. No. 2000 No. 191, S.R. No. 2000 No. 307 and S.R. No. 2002 No. 217back

[5] S.R. 1998 No. 279 as amended by S.R. 1999 No. 324back

[6] S.R. 1994 No. 199back

[7] O.J. No. L146, 19.2.91, p. 19-36 as amended by Commission Decision 2002/261/EC (O.J. No. L91, 06.04.2002, p. 31), Council Directive 2003/50/EC (O.J. No. L169, 08.07.2003, p. 51), Commission Decision 2004/554/EC (O.J. No. L248, 22.07.2004, p. 1)back

[8] S.R. 1997 No. 172 (as amended by S.R. 1998 No. 27 and S.R. 2000 No. 344)back

[9] S.R. 1997 No. 173 (as amended by S.R. 1998 No. 393)back



ISBN 0 337 95781 9


  © Crown copyright 2004

Prepared 7 January 2005


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