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You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Sheep and Goats (Records, Identification and Movement) Order (Northern Ireland) 2005 No. 535 URL: http://www.bailii.org/nie/legis/num_reg/2005/20050535.html |
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Made | 30th November 2005 | ||
Coming into operation | 1st December 2005 |
1. | Citation and commencement |
2. | Interpretation |
3. | Notification of a holding |
4. | Approval of eartags |
5. | Design of eartags |
6. | Additional information |
7. | Identification number |
8. | Identification of animals born on or before 8th July 2005 |
9. | Identification of animals born in Northern Ireland on or after 9th July 2005 |
10. | Derogation from the requirement to apply a second means of identification |
11. | Animals intended for slaughter |
12. | Identification of animals imported from third countries |
13. | Receipt and identification of animals from England, Scotland, Wales or a member State |
14. | Removal of identification |
15. | Holding register |
16. | Records |
17. | Inventory of animals |
18. | Movement documents |
19. | Supply of a movement or market dispatch document |
20. | Electronic notification |
21. | Market operators |
22. | Export of animals to a member State |
23. | Slaughterhouse operators |
24. | Processing plants, collection centres and incineration plants |
25. | Prohibition of movement |
26. | Authorisations |
27. | Transitional and saving provisions |
28. | Revocation |
SCHEDULE 1 — | System required by Section A.5 of the Annex to the Council Regulation |
SCHEDULE 2 — | Holding register |
SCHEDULE 3 — | Movement document |
(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—
(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—
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).
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—
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—
(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—
whichever is the earlier.
(3) For the purposes of Article 4(2)(b) of the Council Regulation, the second means of identification is—
(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—
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—
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—
(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—
(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—
(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.
(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—
(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—
(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.
(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—
(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—
(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—
(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—
(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—
(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.
(2) Notwithstanding paragraph (1), a person shall not export to a member State—
Slaughterhouse operators
23.
The owner or person in charge of a slaughterhouse shall—
(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—
(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[13] 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.
Sealed with the Official Seal of the Department of Agriculture and Rural Development on
30th November 2005.
L.S.
Liam McKibben
A senior officer of the Department of Agriculture and Rural Development
(4) Where the keeper of an animal discovers that the characters on an eartag attached to an animal have become illegible or that an eartag has been lost he shall, within 24 hours after the discovery,—
(5) A person shall not move an animal from a holding for consignment from Northern Ireland if it is marked with an—
Export to Great Britain
2.
An animal consigned for export to Great Britain shall be identified, tagged and accompanied by a movement document in accordance with—
Movement of animals from England, Scotland and Wales
3.
When an animal is brought into Northern Ireland from a holding in England, Scotland or Wales, the keeper at the holding of destination must record the same information in the holding register as if the animal had been brought from a holding in Northern Ireland and "flock number" and "herd number" shall be construed as a flockmark or herdmark allocated by the competent authority in England, Scotland or Wales.
Common grazing
4.
—(1) When an animal moves on to common grazing, the keeper shall—
(c) record the movement to or from the common grazing in his holding register.
(2) For the purpose of this paragraph, "common grazing" means land on which the keeper has a right of grazing in common with other proprietors.
Movement from dipping or shearing to the holding of origin
5.
When an animal leaves a holding to which it was sent for dipping or shearing to return to the holding of origin, the keeper shall—
Movement to and from a veterinary clinic
6.
—(1) Where an animal is—
the keeper shall record the indicator "UK 9" and the number of the flock or herd from which the animal was moved in the holding register.
(2) The holding register shall be completed when the animal leaves the holding of origin and when it returns to that holding.
(3) When an animal arrives at, or is moved from, a veterinary clinic there are no requirements to complete the holding register or a movement document and no eartag identification requirements provided the animal is returned directly to its holding of origin.
Movement to an assembly centre
7.
—(1) Where an animal is moved off a holding to an assembly centre, the keeper shall—
(2) When the animal arrives at the assembly centre, the keeper at that centre shall record the identification number of the animal in the holding register at the assembly centre and shall endorse the movement document and return it to the Divisional Veterinary Office within 7 days of the animal's arrival at the assembly centre.
Sheep on holding | Total Ewes |
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Total Rams |
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Overall Total |
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Total lambs less than 1 year old |
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Total Goats |
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BIRTHS | MOVEMENTS OFF | MOVEMENTS ON | OTHERS | ||||
Date | *Event code | Number of sheep/goats | Category of sheep and goats e.g. rams, ewes, etc. | Natal tags of animals born on holding |
MS2 Movement Document serial number; Health Certificate number; Transporter name, registration number and means of transport; First and last numbers of the sequence of tags |
MS2 Movement Document serial number or number of market dispatch document; Flock number or market code of previous holding; Tag numbers of animals moved on to holding if they will remain longer than 12 months. |
Details of: Total Replacement Tags; Disposal method for dead animals e.g. National Fallen Stock Collection Scheme; Common Grazing; Replacement Tag details. |
EWES | LAMBS | RAMS | GOATS | TOTAL |
FLOCK NUMBER | BATCHES: FIRST and LAST NUMBERS IN SEQUENCE; OR INDIVIDUAL NUMBER | *AGE Required for export eligibility (Y/M) | FLOCK NUMBER | BATCHES: FIRST and LAST NUMBERS in SEQUENCE; OR INDIVIDUAL NUMBER | *AGE Required for export eligibility (Y/M) | ||
1 | 2 | ||||||
3 | 4 |
NAME: ― | FLOCK NUMBER: ― |
ADDRESS: ― | |
NAME OF TRANSPORTER: ― | MEANS OF TRANSPORT: ― |
VEHICLE REGISTRATION NUMBER: ― | |
I declare that the above listed sheep have departed my holding on this date for the destination mentioned below and that I have complied with the relevant requirements. I also declare that to the best of my knowledge the above flock/herd has not been restricted for disease reasons. | |
DATE OF MOVEMENT: ― | SIGNATURE OF SELLER: ― |
NAME: ― | MARKET CODE/NUMBER: ― |
LOT NUMBERS: ― | |
NAME OF TRANSPORTER: ― | MEANS OF TRANSPORT: ― |
VEHICLE REGISTRATION NUMBER: ― | |
SIGNATURE: ― | DATE: ― |
Market or collection Centre Operator or Show Secretary — or Official Stamp |
MEAT PLANT STAMP: | |
NAME (BUYER): ― | FLOCK NUMBER (BUYER): ― |
ADDRESS (BUYER): ― | |
DATE OF ARRIVAL: ― | |
NAME OF MEAT PLANT: ― | MEAT PLANT NUMBER: ― |
KILL NUMBERS: ― | |
The above listed sheep have been accepted for slaughter on this date. | |
SIGNATURE: ― | DATE: ― |
Buyer, Meat Plant or Representative, or Official Stamp of Meat Plant |
[2] S.I.1981/1115 (N.I. 22); The relevant amendments are S.I. 1984/702 (N.I. 2) Article 17 (2) and S.I.1994/1891 (N.I. 6) Article 23 (1) and (2)back
[4] O.J. No. L 5, 09.01.2004, p. 8back
[6] S.R. 1997 No. 173 as amended by S.R.1998 No. 393 and revoked by S.R. 2004 No. 491back
[7] S.R. 1998 No. 393 revoked by S.R.2004 No. 491back
[9] S.R. 1997 No. 493 as amended by S.R. 1998 No. 237, S.R. 2000 No. 78, S.R. 2000 No. 191, S.R. No. 2000 No. 287 and S.R. 2002 No. 217back
[10] S.R. 1998 No. 279 as amended by S.R. 1999 No. 324 and S.R. 2004 No. 420back
[12] O.J. No. L 355, 05.12.92, p. 32back