PART IPRELIMINARY

Title and commencement

1. This Order may be cited as the Pigs (Records, Identification and Movement) Order 1995 and shall come into force on 30th January 1995.

Interpretation

2.-(1) In this Order-

"approved disinfectant" means a disinfectant listed as approved in the case of Swine Vesicular Disease in Schedule 1 to the Diseases of Animals (Approved Disinfectants) Order 1978(2) and "disinfect" means disinfect with an approved disinfectant;

"collecting centre" has the meaning assigned to it in article 11 below;

"farm" means any holding on which pigs are kept for the purpose of breeding or fattening them;

"identification mark" means a mark complying with paragraph (1) or (3)(b) of article 5;

"identification number of the holding" means the numeric code which is allotted to the holding by the appropriate Minister;

"livestock" means cattle, sheep, pigs and goats;

"market" means a market place or sale-yard or any other premises or place to which animals are brought from other places and exposed for sale; and includes any place adjoining those premises used by visitors to the market for parking vehicles and any lairage adjoining a market and used in connection with it;

"slaughterhouse" means, in relation to England and Wales, a slaughterhouse or knacker's yard as defined in section 34 of the Slaughterhouses Act 1974(3) and, in relation to Scotland, a slaughterhouse as defined in section 22 of the Slaughter of Animals (Scotland) Act 1980(4);

"waste food" means-

• but does not include meal manufactured from protein originating from livestock or poultry.

(2) In this Order "holding" and other expressions which appear in the Order and in Council Directive 92/102/EEC on the identification and registration of animals(5) shall bear the meaning they have in that directive.

(3) It shall be sufficient compliance with any provision of this Order requiring or permitting the making of an application, the issue of a licence, notice, approval, authority or authorisation, the depositing of a document or the sending or giving of a document to effect this by means of a facsimile transmission service.

PART IIRECORDS AND IDENTIFICATION OF PIGS

RECORDS OF PIGS

Records and notifications of holdings

3.-(1) It shall be the duty of the owner or person in charge of any pig on a holding to notify in writing the Divisional Veterinary Officer for the area in which the holding is situated of-

(a)the address of the holding;

(b)the name and address of the owner or occupier of the holding;

(c)the identification number of the holding (if known to the person giving the notification); and

(d)the species of any livestock kept on the holding.

(2) In the case of a holding established before this Order comes into force,-

(a)where a request in writing has been sent to the owner or person in charge of a pig on a holding by the Divisional Veterinary Officer before the end of the period ending one month after this Order comes into force, that duty shall be complied with within one month after that request is sent to him or within one month after this Order comes into force, if later; and

(b)in any other case, that duty shall be complied with within two months after this Order comes into force.

(3) In the case of a holding established after this Order comes into force, the duty imposed by paragraph (1) above shall be complied with within one month of the establishment of the holding.

(4) Within one month of any change being made in the notified particulars or of any addition to the information referred to in paragraph (1) above, the owner or person in charge of any pig on a holding shall in writing notify the Divisional Veterinary Officer of the change or the addition.

(5) The owner or person in charge of a pig on a holding shall give the notified particulars to an inspector if requested to do so.

(6) In this article "Divisional Veterinary Officer" means the veterinary inspector appointed as such by the Minister for the area in which the holding is situated.

Records of pigs

4.-(1) The owner or person in charge of a pig on a holding shall make and maintain a record-

(a)in the form set out in Schedule 1 to this Order in respect of each movement of pigs to or from the holding; and

(b)of the maximum number of pigs ordinarily present on the holding (revised at least annually).

(2) In the case of any person who sells any pig (whether by auction or by private treaty) on premises used as a market of pigs by auction, he shall (in addition to the records required by paragraph (1) above) make and retain a written record of the name and address of the vendor and purchaser of each lot of pigs, and the number of the pen or pens in which each lot was held.

(3) Every record under this article shall-

(a)be made within 36 hours after the movement or sale recorded; and

(b)be retained by the owner or person in charge of the pig or the holding for a period of three years from the end of the year in which the last entry was made.

(4) Any person who is for the time being in charge of any record required to be kept under this article shall, on demand made by an inspector at any reasonable hour, produce the record and allow a copy to be made of it.

(5) Where a record required to be made under this article is made in electronic or magnetic form, references in paragraph (4) above-

(a)to production of the record are, if the inspector so requires, references to its production in written form; and

(b)to taking of extracts or copies of the record are references to the taking thereof in written form.

IDENTIFICATION OF PIGS

Identification marks

5.-(1) It shall not be lawful to move a pig with a view to its being moved to a place outside Great Britain unless before the movement commences it is marked with an identification mark (which shall be legible for the life of the pig to which it is applied) in the form of an ear tag or of a tattoo.

(2) The identification mark referred to in paragraph (1) above-

(a)shall comprise the country code `UK' and the herd mark of the holding on which the mark is applied; and

(b)may include a distinctive number allotted to the pig by the owner or person in charge of it prefixed, in the case of an ear tag, by the letter "P".

(3) It shall not be lawful to move a pig between holdings in Great Britain unless before the movement commences it is marked either-

(a)with an identification mark which complies with the preceding paragraphs, or

(b)with an identification mark which will last at least until the pig reaches its destination and which, either by itself or by reference to a document accompanying the pig during the movement, enables the holding from which the pig was last moved to be identified.

(4) Save in accordance with an authority issued by a veterinary inspector, it shall not be lawful for any person-

(a)to remove from a pig an identification mark which has been applied or attached to it in accordance with the foregoing provisions of this article; or

(b)to replace an identification mark applied or attached to a pig in accordance with those provisions otherwise than in replacement of one which has become illegible or which has been lost.

Ear tags

6.-(1) It shall not be lawful for any person to attach to a pig an identification mark in the form of an ear tag unless the ear tag satisfies the provisions of paragraph (2) below; and in this Order references to an ear tag are to an ear tag which satisfies those provisions.

(2) An ear tag shall be so constructed as-

(a)not adversely to affect the well-being of the pig to which it is attached;

(b)to be incapable of being altered in such a way that the fact of alteration cannot be readily observed; and

(c)to be incapable of re-use.

PART IIIMOVEMENT OF PIGS

Prohibition on certain movements of pigs

7.-(1) It shall not be lawful for any person to move or cause to be moved a pig from a market or collecting centre to another market or collecting centre (other than a collecting centre for pigs intended for immediate slaughter).

(2) It shall not be lawful for any person-

(a)to move a pig to a slaughterhouse save for the purpose of slaughter within 72 hours after its arrival there; or

(b)to remove a pig from a slaughterhouse except after slaughter.

Restriction on movement of pigs within 20 days of a previous movement

8.-(1) Subject to the following provisions of this article, whenever any pig has been moved to any premises (other than a market, or collecting centre, artificial insemination centre, exhibition, show or place for veterinary treatment) it shall not be lawful to move any pig from those premises before the expiry of a period of 20 days from the day on which the pig first referred to was delivered to those premises.

(2) The restriction contained in paragraph (1) of this article shall not apply to the making at any time of the following movements-

(a)movement between premises occupied by the same person in accordance with-

(i)an authority issued by the appropriate Minister, or

(ii)a declaration made under article 9 or 10 below;

(b)movement direct to a slaughterhouse, to a market for pigs intended for immediate slaughter or to a collecting centre for pigs intended for immediate slaughter; and

(c)movement for direct export or movement to a collecting centre prior to such export.

(3) Notwithstanding the prohibition in paragraph (1) above, no account shall be taken of the following movements-

(a)movement of a pig on to the premises on its return from-

(i)an exhibition or show;

(ii)a place to which it had been moved for breeding purposes;

(iii)an artificial insemination centre; or

(iv)a place to which it had been moved for veterinary treatment;

subject to its isolation for 20 days on such return; and

(b)movement of a pig intended for breeding or growing from a source approved by the appropriate Minister onto any premises, when such movement is authorised in accordance with conditions set out in writing by a veterinary inspector.

Regulation of movement of pigs from a farm and on return to the farm after movement for certain purposes

9.-(1) This article has effect in relation to the movement of a pig-

(a)from a farm; and

(b)on return to the farm after movement from the farm for breeding purposes; or

(c)on return to the farm after movement from the farm for the purposes of exhibition at a show, or to an artificial insemination centre or for veterinary treatment.

(2) It shall be the duty of the owner of a pig who intends to move it-

(a)in the case of a movement other than for any of the purposes described in subparagraphs (b) and (c) above to make a declaration in the form set out in Schedule 2 to this Order; or

(b)in the case of a movement for any of the purposes described in subparagraphs (b) and (c) above, to make a declaration in the form set out in Schedule 3 to this Order.

(3) In the case of a return described in paragraph (1)(b) above, it shall be the duty of the person in charge of the premises from which the pig is to be moved to make a declaration in the form set out in Schedule 4 to this Order.

(4) In the case of a movement on a return described in paragraph (1)(c) above, no further declaration or licence shall be required.

Regulation of movement of pigs from premises where waste food is kept

10.-(1) This article has effect in relation to the movement of a pig from any premises where during the three months immediately preceding the move-

(a)any waste food intended for feeding to livestock or poultry has been brought to the premises for any purpose, or any such waste food has been kept on the premises, or used thereon as an animal feeding stuff; or

(b)any waste food has been kept on the premises for disposal as refuse otherwise than in covered refuse containers.

(2) It shall be the duty of the owner of a pig who intends to move it from such premises to make a declaration in the form set out in Schedule 5 to this Order which declaration shall authorise movement-

(a)direct to a slaughterhouse specified in the declaration; or

(b)between premises in the same occupation;

and to no other destination.

(3) It shall not be lawful for any person to move or cause to be moved a pig from premises of a description to which paragraph (1) above applies to a slaughterhouse unless the pig has been marked down the back with a red line of such a nature that it will remain clearly visible throughout the movement.

(4) It shall not be lawful for any person to remove or cause to be removed any mark affixed under paragraph (3) above until the pig has been slaughtered.

Regulation of movement of pigs from collecting centres

11.-(1) This article has effect in relation to movement of pigs from collecting centres licensed under article 14 below and markets and assembly centres approved under regulation 5 of the Animals and Animal Products (Import and Export) Regulations 1993(6) in this article referred to as "collecting centres".

(2) It shall be the duty of the person in charge of the collecting centre to make a declaration in the form set out in Schedule 6 to this Order.

(3) It shall be the duty of the person in charge of the collecting centre in the case of movement to a farm, within the period of seven days after the movement is commenced, to send a further copy of the declaration to the local authority for the area in which the collecting centre is situated.

(4) Upon receipt of a declaration under paragraph (3) above a local authority shall, if the premises to which a pig is to be moved is in the area of another local authority, forthwith send a copy of the declaration to that authority.

Regulation of any other movement of pigs

12.-(1) This article has effect in relation to any movement (other than a movement described in articles 9, 10 or 11 above) of any pig (including any pig kept as a pet).

(2) Except under the authority of a licence under this article, it shall not be lawful for any person to move a pig or cause it to be moved.

(3) A licence under this article-

(a)shall be in the form set out in Schedule 7 to this Order; and

(b)may contain such conditions as the inspector may think fit for the purpose of preventing the spread of disease.

(4) A licence under this article may be issued by an inspector of the local authority for the area in which the movement commences or by an inspector of the Minister.

Regulation of sales of pigs

13.-(1) It shall not be lawful for any person to hold a sale of pigs (whether at a market or elsewhere) save in accordance with a licence issued by an inspector of the local authority for the area in which the sale premises are situated.

(2) A licence shall not be issued under paragraph (1) above, and a sale shall not be held, unless-

(a)in the case of a sale to be held at a market-

(i)the premises are paved with a surface impervious to water and are habitually kept thoroughly cleansed and disinfected as soon as practicable after being used and before being so used again; and

(ii)the premises have adequate disinfection facilities to enable all vehicles used for carrying pigs to or from the premises to be thoroughly cleansed and disinfected or that such facilities exist near the premises to which such vehicles can be directed for cleansing and disinfection;

(b)in the case of a sale to be held on a farm, the sale will comprise only pigs forming the whole or part of the standing herd of that farm and no pigs shall have been moved on to the farm on the day of the sale or within a period of 20 days preceding the day of the sale (other than pigs moved on to the farm in accordance with the provisions of article 8(3) above).

(3) A licence authorising the holding of a sale on premises used as a market shall specify that it applies either-

(a)to pigs which have come from premises on which article 8 has been complied with; or

(b)to pigs intended for immediate slaughter,

which are accompanied by a declaration in the form set out in Schedule 2.

(4) Nothing in this article shall apply to the holding during or at the end of any exhibition or show of pigs and at the premises on which the exhibition or show is held, of any sale of those pigs, if-

(a)all the pigs moved to those premises for the purpose of the exhibition or show have been entered for it not less than seven days before the day on which the sale began; and

(b)no pigs other than pigs so entered for the exhibition or show are on those premises on the day on which the sale is held or have been there within the period of twenty days immediately before the first day of the sale.

Licensing of collecting centres

14.-(1) It shall not be lawful for any person to operate a collecting centre for pigs unless the centre is a market or assembly centre approved under regulation 5 of the Animals and Animal Products (Import and Export) Regulations 1993 or it is licensed under this article.

(2) Subject to paragraph (4) below, an inspector of a local authority may issue a licence authorising the use of any premises as a collecting centre for pigs.

(3) A licence under paragraph (2) above shall specify that it applies-

(a)to pigs intended for fattening or for breeding; or

(b)to pigs intended for immediate slaughter; or

(c)to pigs intended for direct export to anywhere other than a member State,

which are accompanied by a declaration in the form set out in Schedule 2 or a licence in the form set out in Schedule 7.

(4) An inspector shall not issue a licence under paragraph (2) above unless-

(a)the conditions specified in article 13(2)(a) are met in relation to those premises;

(b)no pig will remain there for a period of more than six days; and

(c)for at least one day no pig will remain on the premises after the premises have been so used for a continuous period of six days.

Provisions as to licences, declarations etc

15.-(1) Upon receipt of a declaration a local authority shall, if the premises to which a pig is to be moved is in the area of another local authority, forthwith send a copy of the declaration to that authority.

(2) Any licence issued for the purposes of this Part of this Order shall be valid only for the period stated in it.

(3) A licence may be revoked by the issuing authority at any time before the authorised movement has begun.

(4) Where an inspector issues a licence under this Order authorising the movement of a pig to premises in the area of another local authority, he shall forthwith send a copy of the licence to that other local authority.

(5) A licence under this Order shall be issued only on application.

(6) Any licence, declaration, notice, approval, authority, exemption or authorisation under this Order shall be in writing and-

(a)shall be subject to such conditions as are specified in it; and

(b)may be varied, suspended or revoked by a veterinary inspector by notice given to the person to whom it is issued but without prejudice to any thing done or omitted to be done before any such variation, suspension or revocation takes effect.

(7) The owner of a pig moved under the authority of a licence or declaration under this Order shall, on the completion of the movement, cause such licence or declaration to be handed to the occupier of the premises to which the pig has been moved, who shall retain it for a period of six months from the date he receives it and shall during that period produce it on demand to a constable or an inspector.

(8) It shall not be lawful for any person to move pigs under a licence, declaration or authority under any provision of this Part of this Order except in compliance with the conditions attached thereto.

(9) Where this Order refers to a form which appears in a Schedule to this Order that reference shall be taken to include a form substantially to the like effect.

PART IVMISCELLANEOUS

Offences

16. Any person who, without lawful authority or excuse, proof of which shall lie on him-

(a)fails to comply with any obligation imposed on him by any provision of article 3, article 4, article 9, paragraph (2) of article 10, paragraphs (2) and (3) of article 11, and paragraph (7) of article 15, or

(b)knowingly causes or permits the doing of anything which is a contravention of paragraph (a) above, or

(c)knowingly causes or permits the doing of anything which is declared by this Order not to be lawful, or

(d)makes any statement or gives any information for the purposes of this Order which he knows to be false in a material particular or, for those purposes, recklessly makes a statement or gives any information which is false in a material particular,

commits an offence against the Animal Health Act 1981.

Enforcement

17. The provisions of this Order shall, except where otherwise provided, be executed and enforced by the local authority.

Revocations, consequential amendments and savings

18. Schedule 8 shall have effect.

Forms

19. Notwithstanding article 9 of the Animals (Miscellaneous Provisions) Order 1927,(7) the local authority may provide and supply printed copies of any document or form required under this Order.

Article 4

SCHEDULE 1HOLDING MOVEMENT RECORD

The Pigs (Records, Identification and Movement) Order 1995

Article 9

SCHEDULE 2MOVEMENT OF PIGS FROM A FARM-�FORM OF DECLARATION

The Pigs (Records, Identification and Movement) Order 1995 (Article 9)Declaration relating to movement of pigs from a farm

Article 9

SCHEDULE 3Movement of pigs from a farm for breeding, exhibition, artificial insemination or veterinary treatment-Form of declaration

The Pigs (Records, Identification and Movement) Order 1995 (Article 9)Declaration relating to movement of pigs from a farm for breeding, exhibition, artificial insemination or veterinary treatment

Article 9

SCHEDULE 4MOVEMENT OF PIGS ON RETURN TO FARM AFTER MOVEMENT FROM FARM FOR BREEDING PURPOSES-FORM OF DECLARATION

The Pigs (Records, Identification and Movement) Order 1995 (Article 9)Declaration relating to movement of pigs on return to farm after movement from farm for breeding purposes

Article 10

SCHEDULE 5MOVEMENT OF PIGS FROM WASTE FOOD PREMISES-FORM OF DECLARATION

The Pigs (Records, Identification and Movement) Order 1995 (Article 10)Declaration relating to movement of pigs from waste food premises

Article 11

SCHEDULE 6MOVEMENT OF PIGS FROM A COLLECTING CENTRE-FORM OF DECLARATION

The Pigs (Records, Identification and Movement) Order 1995 (Article 11)Declaration relating to movement of pigs from a collecting centre

Article 12

SCHEDULE 7MOVEMENT OF PIGS OTHER THAN MOVEMENT AUTHORISED UNDER ARTICLE 9, 10 OR 11-FORM OF LICENCE

The Pigs (Records, Identification and Movement) Order 1995 (Article 12)Licence for movement of pigs other than movement from a farm and on return after movement for certain purposes, from premises where waste food is kept and from collecting centres

Article 18

SCHEDULE 8REVOCATIONS, CONSEQUENTIAL AMENDMENTS AND SAVINGS

1.-(1) To the extent therein provided, the Orders specified in the following Table are hereby revoked.

(2) Notwithstanding the revocation of the Movement and Sale of Pigs Order 1975 (as amended), where a licence or declaration is in force under that Order on the date when this Order comes into force, the provisions of that Order shall continue to have effect in relation to that licence or declaration.

2. The Transit of Animals (Road and Rail) Order 1975(8) is hereby amended as follows-

(a)in article 2(1) for the words "Part IV of the Diseases of Animals (Approved Disinfectants) Order 1972, as amended" there shall be substituted the words "the Diseases of Animals (Approved Disinfectants) Order 1978(9)";

(b)in article 9 for the words "paragraphs (5) and (6) of Article 8 of the Movement and Sale of Pigs Order 1975" there shall be substituted the words "any licence or declaration issued under the Pigs (Records, Identification and Movement) Order 1995";

(c)in article 15 paragraph (9) shall be deleted;

(d)in article 17 at the beginning of paragraph (9) there shall be added the words "Subject to paragraph (9A) below,"; and

(e)in article 17 after paragraph (9) there shall be added the following paragraph-

"(9A) Nothing in the foregoing provisions of this Article to the extent that they apply to pigs shall affect the provisions of the Pigs (Records, Identification and Movement) Order 1995 and any record required to be kept by this Article shall be in addition to any record required to be kept by that order.".

3. The Aujeszky's Disease Order 1983(10) is hereby amended by the substitution for article 17 of the following article-

"Exemption from the Pigs (Records, Identification and Movement) Order 1995

17. Any swine moved to a slaughterhouse under the authority of a licence issued in accordance with rule 1 of article 9(1) or article 10(2)(a) shall be exempt from the following provisions of the Pigs (Records, Identification and Movement) Order 1995-

(a)article 8 (restriction on movement of pigs within 20 days of a previous movement into a herd); and

(b)article 10 (regulation of movement of pigs from premises where waste food is kept).".

4. Notwithstanding the repeal of the Movement of Sale of Pigs Order 1975, until 31st March 1995 pigs may be moved from a farm in accordance with a licence issued under that Order: and the provisions of that Order shall have effect accordingly.

5. This Order is without prejudice to the provisions of article 3 of the Animals (Post-Import Control) Order 1993(11).

Explanatory Note

(This note is not part of the Order)

This Order which is made under the Animal Health Act 1981 replaces the Movement and Sale of Pigs Order 1975 and, so far as they relate to pigs, the Movement of Animals (Records) Order 1960 and the Markets, Sales and Lairs Order of 1925. It also implements some of the requirements of Council Directive 92/102/EEC on the identification and registration of animals (O.J. No. L 355, 5.12.92, p.32), so far as they relate to pigs (articles 3(1)(a), 4(1)(a), 4(3), 5(1), and 5(3) of the Directive are relevant).

The principal provisions of the Order are as follows:

1. Each owner or keeper of pigs must supply information to the local Divisional Veterinary Officer about the holding and notify them of any changes in that information (article 3).

2. A record of pig movements must be kept (in the form set out in Schedule 1 to the Order) and retained for 3 years. This record must include details of the identification marks of the pigs concerned (article 4).

3. All pigs which are moved must be marked with an identification mark. This may be either a temporary mark or a permanent tattoo or ear tag. Pigs to be exported must be marked by a permanent tattoo or ear tag identifying the holding on which the mark was applied, a distinctive number allotted to the pig and the country code (UK). Pigs moved between holdings in Great Britain must be marked either as if for export or with a mark sufficient to identify them during the journey (articles 5 and 6).

4. There is a prohibition on movement of pigs (other than slaughter pigs) between markets and collecting centres (article 7).

5. Pigs may only be moved from a farm for certain purposes or returned to it if they are accompanied by a declaration made by the owner (article 9 and Schedules 2, 3 and 4). It is prohibited to move any pigs off premises within 20 days of the movement of any pigs onto those premises. This prohibition does not apply in the case of a number of exempted movements (article 8).

6. Pigs may be moved from premises where waste food is kept only if they are accompanied by a declaration made by the owner or keeper and may be moved only to other premises in the same occupation or to a slaughterhouse for slaughter (article 10 and Schedule 5).

7. Movement of pigs from a collecting centre is permitted if they are accompanied by a declaration (article 11 and Schedule 6).

8. Movement of pigs from any other place is subject to licensing. Such licences are issued by the local authority or an inspector of the Minister (article 12 and Schedule 7).

9. Sales of pigs and collecting centres are subject to licensing (articles 13 and 14). Market records are required (article 15). There are detailed provisions relating to licences, declarations and records (article 16).

10. The forms of declaration and licence include requirements for cleansing and disinfection with an approved disinfectant of road vehicles used for moving pigs, impose restrictions upon the circumstances in which pigs can be moved in a road vehicle with other categories of pigs or with other things and on the transfer of pigs from one vehicle to another.

• Failure to comply with the Order is an offence under the Animal Health Act 1981 punishable under section 75 of that Act (article 19).

• A Compliance Cost Assessment has been prepared and a copy placed in the library of each House of Parliament.