PART 1Introduction

Title, application and commencement

1. This Order may be cited as the Pigs (Records, Identification and Movement) Order 2011; it applies in England and comes into force on 1st October 2011.

Interpretation

2. In this Order-

"BPEX" means the division of the Agriculture and Horticulture Development Board with responsibility for the pig industry in England;

"CPH number" means the county parish holding number assigned to a holding by the Secretary of State;

"herdmark" means an alphanumeric code issued by the Secretary of State under article 4(2);

"holding" means any establishment, construction or, in the case of an open air farm, any place in which pigs are held, kept or handled;

"identification mark" means an eartag or tattoo which complies with article 6;

"keeper" means any person having care and control of pigs, whether on a temporary or permanent basis, but does not include a person who only transports pigs;

"MLCSL" means Meat and Livestock Commercial Services Limited.

Notifications etc

3.-(1) Any notification, licence, or approval issued under this Order must be in writing.

(2) Licences and approvals may be subject to conditions and may be suspended, amended or revoked in writing at any time.

PART 2Records

Notification of holdings

4.-(1) An occupier of a holding who begins to keep pigs on that holding, and any person who takes over the occupation of a holding where pigs are kept, must notify the Secretary of State within one month of-

(a)their name and address; and

(b)the address of the holding.

(2) On receipt of a notification under paragraph (1) the Secretary of State must issue a herdmark.

(3) The occupier must notify the Secretary of State of any change to the information in paragraph (1) within one month.

(4) The occupier must notify the Secretary of State within one month if they cease to keep pigs at any holding notified under paragraph (1).

Records

5.-(1) Within 36 hours of the movement of a pig on or off a holding the keeper must complete the form in the Schedule.

(2) Once a year a keeper must record the maximum number of pigs normally on the holding and the actual number of pigs on the holding at that date.

(3) The keeper must keep these records for at least 3 years.

PART 3Identification

Ear tags and tattoos

6.-(1) An ear tag must be-

(a)easy to read during the pig's lifetime;

(b)made of either metal or plastic or a combination of metal and plastic;

(c)tamper-resistant;

(d)incapable of re-use;

(e)sufficiently heat-resistant that neither the ear tag nor the information printed or stamped on it can be damaged by the processing of the carcase following slaughter; and

(f)designed to remain attached to the pig without harming it.

(2) A tattoo must be applied either by tattoo forceps, in which case it must be on an ear, or by slap-marking equipment, in which case it must be on each shoulder and must, in either case, be easy to read.

(3) As an alternative to applying a tattoo by the methods referred to in paragraph (2) a keeper may apply a tattoo to each shoulder by means of equipment which uses compressed air to drive the tattooing pins into the skin of the pig provided the tattoo is easy to read.

(4) A keeper may mark a pig with any further information, or add further information to the ear tag or tattoo provided that the further information is clearly distinguished from the information required under this Order.

Identification of pigs moved off a holding

7.-(1) No person may move a pig off a holding unless it has-

(a)an ear tag with the letters "UK" followed by the herdmark of the holding from which it is being moved; or

(b)a tattoo showing that herdmark (with or without the letters "UK");

applied in accordance with article 6.

(2) Subject to the Disease Control Order (England) 2003(2) in the case of a market-

(a)a pig may be moved off if it is marked with the herdmark of the holding from which it arrived;

(b)if the pig is not correctly identified when it arrives at a market a keeper may correct the identification so that it is identified with the herdmark of the holding from which it arrived, but if he does not do so it may only be returned to the holding from which it came.

Exception for a pig less than one year old

8.-(1) Article 7 does not apply in relation to a pig less than one year old provided that it is identified with a temporary mark that-

(a)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; and

(b)lasts until the pig reaches its destination.

(2) This exception does not apply in relation to a pig being moved-

(a)to a market;

(b)to a slaughterhouse;

(c)for the purposes of intra-Community trade or export; or

(d)to a show.

Additional identification requirements for movements of pigs to shows, porcine semen centres etc.

9.-(1) No person may move a pig off a holding-

(a)to a show or exhibition;

(b)for breeding purposes with the intention of returning the pig to the holding from which it was moved; or

(c)for the purpose of collection of semen at a porcine semen centre;

unless it is marked in accordance with article 7 and with an identification mark that includes a unique individual identification number.

Additional requirements for export

10. No person may move a pig off a holding for the purposes of intra-Community trade or export unless it has an ear tag or tattoo in its ear, in either case bearing the letters "UK" followed by a herdmark and a unique individual identification number.

Identification of pigs moved onto a holding from outside the European Union

11.-(1) Subject to paragraph (3) any person importing a pig from outside the European Union must apply an ear tag or tattoo to the pig containing the following information, in the following order-

(a)the letters "UK";

(b)the herdmark of the herd into which the imported pig is introduced;

(c)any other information, if the keeper wishes to apply such information; and

(d)the letter "F".

(2) The ear tag or tattoo must be applied to the pig within 30 days of its arrival at the holding of destination and, in any event, before it is moved from that holding.

(3) A person importing a pig from outside the European Union need not apply a new identification mark in accordance with paragraph (1) where a pig is moved directly to a slaughterhouse and is slaughtered within 30 days of arrival.

PART 4Movements

Movement of pigs other than movements to markets or collection centres

12.-(1) Subject to articles 13, 14, 15 and 16(2) keepers, other than markets, must notify BPEX of all movements of pigs from their holdings before those movements take place.

(2) Keepers may notify BPEX electronically by entering the following information onto the BPEX movement recording system-

(a)the address, including the postcode, and CPH number of the holdings from and to which the pigs are being moved;

(b)the date of the movement;

(c)the number of pigs being moved;

(d)the identification mark of each pig moved, and in the case of a movement specified in article 9 or 10 that must include the unique individual identification number required by those articles.

(3) If a keeper does not notify BPEX electronically they must provide the information listed in paragraph (2) by telephone or in writing to MLCSL and may not move those pigs until they have received a document from MLCSL recording that information.

(4) When MLCSL receives notification of movement information under paragraph (3) it must, within one working day of receipt excluding weekends, send the keeper sufficient copies of a document recording that information to enable the keeper, and any transporter and the keeper at the holding of destination to meet their recording obligations.

(5) When pigs are moved from a market the market must notify BPEX of the information at paragraph (2) in relation to those pigs electronically on the day of the movement.

(6) In this article "BPEX movement recording system" means the electronic movement recording system maintained for the purpose of notifications under this Order by BPEX and "working day" means a day which is not a Saturday or a Sunday, Christmas Day, Good Friday or a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971(3).

Transitional provisions

13.-(1) Until 1st April 2012 a keeper, other than a market, sending pigs to another holding may, instead of notifying the movement under article 12, complete and sign a document that specifies-

(a)the address, including postcode and CPH number of the holding from and to which the pigs are being moved;

(b)the date of the movement;

(c)the number of pigs that the document covers;

(d)the identification mark of each pig moved, and in the case of a movement specified in article 9 or 10 that must include the unique individual identification number required by those articles.

(2) The keeper must give a copy of this document to the person transporting the pigs.

(3) The transporter must give a copy of this document to the keeper receiving the pigs.

(4) The keeper who is given a copy of this document when receiving the pigs must send it within 3 days to MLCSL.

Movement of pigs to markets or collection centres

14. A keeper moving pigs to a market or collection centre need not notify the movement in advance if the market or collection centre agrees to notify BPEX electronically on the day of the pigs arrival of the information listed at article 12(2) on behalf of the keeper.

Movement of pigs to veterinary practices for emergency treatment

15. A keeper moving a pig to a veterinary practice for emergency treatment need not notify the movement.

Movement of pigs from shows

16.-(1) When a keeper intends to move a pig from their holding to a show and knows which holding they intend to move the pig to after the show they must notify both the movement to the show and the movement from the show in accordance with article 12 before moving the pig to the show.

(2) When a keeper moves a pig to a show without knowing to which holding they will move the pig after the show they must provide, in relation to the movement from the show, the information in article 12(2) to BPEX or MLCSL within 3 days of the move from the show.

Transport of pigs

17.-(1) Any person transporting pigs must carry a document that specifies-

(a)the address, including postcode and CPH number of the holdings from and to which the pigs are being moved;

(b)the date of the movement;

(c)the number of pigs that the document covers;

(d)the identification mark of each of the pigs moved and in the case of a movement specified in article 9 or 10, this must include the unique individual identification number required by those articles; and

(e)in the case of a movement from a market, the lot numbers of the pigs being moved;

and, if the movements are not being reported electronically, is signed by the keeper.

(2) The transporter must give two copies of the document to the keeper at the holding of destination if the keeper is not able to notify BPEX electronically that he has received those animals.

Arrival of pigs at a holding

18.-(1) The keeper at the holding of destination must keep the document referred to in article 17(1) for at least 6 months unless they notify the movement under paragraph (2)(a).

(2) The keeper at the holding of destination must, within 3 days of arrival of the pigs, either-

(a)record on the BPEX pig movement system the number of pigs arriving at their holding; or

(b)submit the same information to MLCSL by telephone, by fax or in writing.

Export of Pigs

19. In the case of a pig moved from a holding to a port and intended for consignment outside Great Britain the keeper at that holding must send a copy of the document referred to in article 17 (1) to MLCSL within 3 days of the animal leaving the holding.

Walking licences for pet pigs

20. The Secretary of State may grant a walking licence to a keeper of a pet pig allowing them to take the pig for a walk off the holding without complying with article 5 or 12, but the person walking the pig must carry a copy of the licence throughout the walk.

Approved holdings

21.-(1) The Secretary of State may approve a holding for the purposes of movements of pigs intended for breeding or growing.

(2) The approval must specify which holdings pigs may be moved from and which holdings they may be moved to.

(3) A movement of pigs between holdings approved under this article does not trigger the standstill period in the Disease Control (England) Order 2003(4).

PART 5Miscellaneous

Removing or defacing an identification mark

22. No person may, unless authorised by the Secretary of State, remove or deface an identification mark.

Replacement of an identification mark

23.-(1) A keeper must replace an identification mark if it has-

(a)become illegible;

(b)been removed for welfare reasons; or

(c)been lost.

(2) Any person replacing an identification mark must either-

(a)apply an identical identification mark; or

(b)apply a new identification mark and cross-refer the new identification mark with the original identification mark in the record kept under article 5.

Production of documents and records

24. An inspector may require any record made under this Order to be produced on demand and a copy or printout of it to be made.

Enforcement

25.-(1) This Order is enforced by the local authority.

(2) The Secretary of State may direct, in relation to cases of a particular description or any particular case, that they will enforce this Order instead of the local authority.

(3) In this article "local authority" means-

(a)where there is, within the meaning of the Local Government Changes for England Regulations 1994(5), a unitary authority for a local government area, that authority;

(b)where there is not a unitary authority-

(i)in a metropolitan district, the council of that district;

(ii)in a non-metropolitan county, the council of that county;

(iii)in each London borough, the council of that borough; and

(iv)in the City of London, the Common Council.

Review

26.-(1) Before the end of each review period, the Secretary of State must-

(a)carry out a review of articles 3 to 25;

(b)set out the conclusions of the review in a report; and

(c)publish the report.

(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how Council Directive 2008/71/EC(6) on the identification and registration of pigs is implemented in other member States.

(3) The report must in particular-

(a)set out the objectives intended to be achieved by the regulatory system established by those provisions;

(b)assess the extent to which those objectives are achieved; and

(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(4) "Review period" means-

(a)the period of five years beginning with the day on which this Order comes into force; and

(b)subject to paragraph (5), each successive period of five years.

(5) If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.

Revocations and amendments

27.-(1) The Pigs (Records, Identification and Movement) Order 2007 is revoked(7).

(2) In article 12(2) of the Disease Control Order 2003 replace "article 10 of the Pigs (Records, Identification and Movement) (Interim Measures) (England) (No 2) Order 2003" with "article 20 of the Pigs (Records, Identification and Movement) (England) Order 2011".

Article 5

SCHEDULEHOLDING MOVEMENT RECORD

EXPLANATORY NOTE

(This note is not part of the Order)

This Order, which applies in England, continues to implement Council Directive 2008/71/EEC on the identification and registration of pigs (OJ No L 213, 8.8.2008, p 31). It revokes and replaces the Pigs (Records, Identification and Movement) Order 2007 (S.I. 2007/642).

The principal change is that it requires pre-notification to a central, computerised database of most movements of pigs.

The Order requires that a person keeping pigs on a holding must notify the Secretary of State (article 4) and requires a record to be kept (article 5 and the Schedule). Article 24 provides that an inspector is entitled to see these records and require copies.

Articles 6 to 11 require pigs to be marked with ear tags or tattoos and specify what these identification marks must contain.

Articles 12 to 20 deal with the procedures for notification of movements and the necessary documentation.

Article 21 allows the Secretary of State to exempt some movements from the requirements of the Disease Control (England) Order 2003 (S.I.2003/1729).

Articles 22 and 23 govern the removal and replacement of identification marks.

The Order is enforced by the local authority (article 25).

Article 26 provides for a review of this Order within a period of five years and every five years thereafter.

Breach of the Order is an offence under section 73 of the Animal Health Act 1981, punishable in accordance with section 75 of that Act.

A full impact assessment of the effects this instrument will have on the costs of the buisiness and voluntary sector and the public sector is published at www.defra.gov.uk/food-farm/animals/movements/pigs .