Welsh Statutory Instrument 2002 No. 274 (W.30)

The Sheep and Goats Identification and Movement (Interim Measures) (Wales) Regulations 2002

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

2002 No. 274 (W.30)

ANIMALS, WALES

ANIMAL HEALTH

The Sheep and Goats Identification and Movement (Interim Measures) (Wales) Regulations 2002

	Made	8th February 2002
	Coming into force	11th February 2002

ARRANGEMENT OF ARTICLES

Article
1.	Title, application, commencement and cessation

2.	Interpretation

3.	Notification of holdings where sheep or goats are kept

4.	Sheep Records

5.	Goat Records

Marks

7.	Applying Origin Mark

8.	Movement from holding of birth

9.	Movements generally

10.	Maximum number of marks

11.	Marking animals from outside the European Union

12.	Movement documents

13.	Removal and Replacement of eartags and tattoos

14.	Additional eartags and tattoos

15.	Alteration of eartags and tattoos

16.	Production of records and documents

17.	Enforcement

18.	Suspension of the Sheep and Goats Identification (Wales) Regulations 2000.

The National Assembly for Wales, being designated[1] for the purposes of section 2(2) of the European Communities Act 1972[2] in relation to the common agricultural policy of the European Community, in exercise of the powers conferred on it by section 2(2), makes the following Regulations:

Title, application, commencement, and cessation
    1. - (1) These Regulations may be cited as the Sheep and Goats Identification and Movement (Interim Measures) (Wales) Regulations 2002 and apply to Wales.

    (2) These Regulations come into force on 11th February 2002 and shall cease to have effect on 1st December 2002.

Interpretation
    2. - (1) In these Regulations, unless the context otherwise requires -

"collecting centre" means any premises used for the intermediate reception of animals intended to be moved elsewhere but not including any place used, whether as a market or otherwise for the trading of animals;

"flockmark" means the sheep flockmark allocated by the National Assembly under regulation 3;

"F Mark" means an F Mark in accordance with regulation 6(1) and (4);

"goat" means a live goat;

"herdmark" means the goat herdmark allocated by the National Assembly under regulation 3;

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

"individual identification number" means an individual identification number in accordance with regulation 6(1), (9) and (10).

"keeper" means any person having care and control of sheep or goats, even on a temporary basis but not including any person who is only a keeper because he or she is transporting the animals;

"National Assembly" means the National Assembly for Wales;

"Origin Mark" means an Origin Mark in accordance with regulation 6(1) and (5);

"R Mark" means an R Mark in accordance with regulation 6(1) and (6);

"relevant date" means the date on which these Regulations come into force;

"sheep" means a live sheep;

"the Sheep and Goats Regulations 2000" means the Sheep and Goats Identification (Wales) Regulations 2000[3]

"S Mark" means an S Mark in accordance with regulation 6(1) and (7);

"show" means an occasion at which animals are exhibited but not solely for the purpose of sale;

"slaughterhouse" has the meaning given in regulation 2(1) of the Fresh Meat (Hygiene and Inspection) Regulations 1995[4]

"sole occupancy group" has the meaning given in article 2 of the Disease Control (Interim Measures) (Wales) Order 2002[5];

"temporary mark" means a temporary mark in accordance with regulation 6(11);

"veterinary treatment" means treatment, other procedure or castration, carried on by or under the supervision of a veterinary surgeon.

(2) Unless the context otherwise requires, any reference in these Regulations to a numbered regulation is a reference to the regulation bearing that number in these Regulations and any reference in a regulation to a numbered or lettered paragraph or sub-paragraph is a reference to the paragraph or sub-paragraph bearing that number or letter in that regulation.

Notification of holdings where sheep or goats are kept
3. - (1) Any person who keeps any sheep or goats on a holding must, within one month of the relevant date or, as the case may be, within one month after he or she begins to keep the sheep or goats after the relevant date, notify the National Assembly in writing -

    (2) The keeper must notify the National Assembly in writing of any change in the particulars specified in paragraph (1) within one month of such change.

    (3) On receiving notification under this regulation the National Assembly must, subject to paragraph (4), allocate in respect of the holding a flockmark in the case of sheep or a herdmark in the case of goats.

    (4) Where the holding is a slaughterhouse or market, the National Assembly shall allocate a flockmark or herdmark only where it deems it appropriate to do so.

    (5) Paragraph (1) shall not apply in respect of a holding where before the relevant date the particulars set out in paragraph (1)(a) to (c) were notified in accordance with regulation 3 of the Sheep and Goats Regulations 2000.

Sheep records
    4. - (1) Any person keeping sheep on a holding (other than a market, show, slaughterhouse or collecting centre) must record, on or before 31st January in each year, the number of sheep on that holding on 1st January of that year.

    (2) Within 36 hours of a sheep being moved onto or off a holding, the keeper must record -

(d) in the case of a sheep moved onto the holding, the address of the holding from which it came; in the case of a sheep being moved off the holding, the address of the holding to which it is going;

(e) in the case of sheep moved from a market, the lot number (if any) allocated at the market;

(f) in the case of sheep moved to a show, an individual identification number together with the mark which was applied at the same time as the individual identification number; and

(g) in the case of sheep being moved to a destination outside Great Britain, one of the following -

(3) Paragraph 2(c) shall not apply in the case of a sheep -

provided the keeper records the temporary mark applied to the sheep.

(4) In the case of a sheep being sold without being moved onto or off a holding, the vendor must record, within 36 hours of the sale -

    (5) In the case of a sheep marked in accordance with regulation 11 or re-marked in accordance with regulation 13(2)(b) or (c), the keeper must, within 36 hours of marking or re-marking the sheep (as the case may be), record the new sheep flockmark and the previous one, if known.

    (6) The person making a record under this regulation must retain the record for a period of six years.

Goat records
    5. - (1) Any person keeping a goat on a holding (other than a market, show, slaughterhouse or collecting centre) must record, on or before 31st January in each year, the number of goats on that holding on 1st January of that year.

    (2) Within 36 hours of a goat being moved onto or off a holding, the keeper must record -

(d) in the case of a goat moved onto the holding, the address of the holding from which it came; in the case of a goat being moved off the holding, the address of the holding to which it is going;

(e) in the case of goat moved from a market, the lot number (if any) allocated at the market;

(f) in the case of a goat moved to a show, an individual identification number together with the mark which was applied at the same time as the individual identification number; and

(g) in the case of a goat being moved to a destination outside Great Britain, one of the following -

(3) Paragraph 2(c) shall not apply in the case of a goat -

provided the keeper records the temporary mark applied to the goat.

(4) In the case of a goat being sold without being moved onto or off a holding, the vendor must record, within 36 hours of the sale -

    (5) In the case of a goat marked in accordance with regulation 11 or re-marked in accordance with regulation 13(2)(b) or (c), the keeper must, within 36 hours of marking or re-marking the goat (as the case may be), record the new herdmark and the previous one, if known.

    (6) The person making a record under this regulation must retain the record for a period of six years.

Marks
    6. - (1) A mark applied under these Regulations (save for a temporary mark) shall be applied to the animal's ear by way of an eartag or tattoo.

    (2) An eartag shall be -

(3) A tattoo means a tattoo which is legible for the life of the animal.

(4) An F Mark is -

(5) An Origin Mark is -

(6) An R Mark is -

    (7) An S Mark is the letter "S" followed by the flockmark or herdmark of the holding on which the animal was kept at the time it was so marked.

    (8) An X Mark is the letters "UK" followed by the flockmark or herdmark of the holding from which the animal is to be moved to a destination outside Great Britain, followed by the letter "X".

    (9) An "individual identification number" is a number which -

    (10) In the case of a number applied in part of the British Islands outside Wales under legislation in force in that part, the number shall not fail to be an "individual identification number" by reason only that it is not applied to the same eartag as the Origin Mark, S Mark, F Mark, R Mark or X Mark.

    (11) A temporary mark shall be sufficiently distinctive to be described in the document required under regulation 12 and shall remain visible to the naked eye until the animal is either slaughtered or returns to the holding from which it had been sent to market for the purpose of sale for slaughter.

Applying Origin Mark
    7. - (1) Subject to paragraph (2), the keeper of a sheep or goat born in Wales on or after the relevant date, or which is still on its holding of birth on that date, must, as soon as possible apply an Origin Mark.

    (2) Paragraph (1) shall not apply in respect of an animal which, before the relevant date, was marked in accordance with regulation 7 or 14 of the Sheep and Goats Regulations 2000.

Movement from holding of birth
    8. - (1) A person must not move a sheep or goat from its holding of birth unless an Origin Mark is applied to it.

    (2) Paragraph (1) shall not apply in the case of -

Movements generally
9. - (1) Subject to paragraphs (2) to (4) and regulations 8 and 10, a person must not move a sheep or goat unless it is marked with one or more of the following -

(2) Paragraph (1) shall not apply where -

(h) the animal is being moved for the purposes of veterinary treatment, dipping or shearing;

(i) the animal is being moved between premises in a sole occupancy group; or

(j) the animal is returning to the holding on which it is kept from land on which the person has a right of grazing in common with other proprietors.

(3) An animal must not be moved to or from a show unless it is marked with an individual identification number together with the mark which was applied at the same time as the individual identification number.

(4)

Maximum number of marks
    10. - (1) Subject to paragraph (2), a person may not apply an S Mark to a sheep or goat which already bears two marks consisting of one or more of the marks described in paragraph (3).

    (2) A person may not apply an S Mark to a sheep or goat which already bears three marks consisting of one or more of the marks described in paragraph (3), where two were applied before the relevant date.

    (3) The marks described in this paragraph are -

Marking animals from outside the European Union
    11. - (1) If a sheep or goat is imported to a holding in Wales from outside the European Union, within thirty days of arrival at that holding and in any event before it is moved from that holding, the keeper at that holding must mark it with an F Mark.

    (2) Paragraph (1) shall not apply to an animal imported direct to a slaughterhouse, where the animal is slaughtered there within 5 days without having been moved from the slaughterhouse.

Movement documents
    12. - (1) A person must not move a sheep or goat unless it is accompanied by a document, signed by the owner of the animal or his agent and which specifies -

(2) The document shall specify

(b) where a sheep bears the maximum number of marks permitted under regulation 10, the individual identification number together with the mark which was applied at the same time as the individual identification number, or

(c) any temporary mark in the case of an animal -

(3) Paragraph (1) shall not apply in the case of an animal which is being moved -

    (4) When the animal arrives at its destination, the person moving the animal must give the document to the keeper at the holding of destination.

Removal and replacement of eartags and tattoos
    13. - (1) Except under the authority of an officer of the National Assembly, a person may not remove or replace an eartag or a tattoo which has been applied to an animal in accordance with these Regulations or the Sheep and Goat Regulations 2000, unless it has become illegible or in the case of an eartag, is removed for welfare purposes or is lost.

    (2) When an Origin Mark, F Mark or R Mark has become illegible, is removed for welfare purposes or is lost, the keeper must -

    (3) Paragraph (2) shall not apply in the case of an animal at a market or slaughterhouse.

    (4) No person shall consign any sheep or goat outside Great Britain if it is marked with an eartag or tattoo ending with the letter "R" showing that it is a replacement eartag or tattoo.

Additional eartags and tattoos
    14. - (1) A person may apply on X Mark, or subject to regulation 10, an S Mark to a sheep or goat with a view to the animal being moved.

    (2) A person may not apply to a sheep or goat an eartag or tattoo bearing a flockmark or herdmark except in accordance with the provisions of these Regulations unless authorised by the National Assembly.

Alteration of eartags and tattoos
    15.A person may not alter, obliterate or deface the information on an eartag or tattoo applied to a sheep or goat under these Regulations.

Production of records and documents
    16.Any person in charge of any record or document required to be kept under these Regulations must produce it to an inspector on demand (or, if it is kept in electronic form, produce a printout of it) and allow a copy to be made.

Enforcement
    17.Except where otherwise expressly provided, the provisions of these Regulations are to be executed and enforced by the local authority.

Suspension of the Sheep and Goats Identification (Wales) Regulations 2000
    18.The Sheep and Goats Identification (Wales) Regulations 2000 is revoked.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[8]

Carwyn Jones
Assembly Secretary

8th February 2002

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations apply only to Wales and temporarily disapply and replace the Sheep and Goats Identification (Wales) Regulations 2000 (S.I. 2000/2335). They implement the provisions relating to sheep and goats of the Council Directive 92/102/EEC on the identification and registration of animals (OJ No. L355, 5.12.92, p.32) and provide interim disease control-related measures for the period from 11th February 2002 to 30th November 2002.

They require a person keeping sheep or goats to notify the National Assembly (regulation 3) and to keep records of the movements and other details of sheep and goats (regulations 4 and 5).

Regulation 7 requires sheep and goats born in Wales to be marked with an Origin Mark and regulation 8 prohibits moving the animals from their holding of birth without an Origin Mark. Regulation 9 prohibits various general movements of sheep or goats unless they are marked with specified identification marks.

Regulation 10 provides for a maximum of 2 or 3 identification marks to be applied to a sheep or goat in most cases. Regulation 11 requires a sheep or goat imported from outside the European Union to be marked with an F Mark within 30 days.

Regulation 12 provides for a document containing specified information to accompany sheep or goats when they are moved, except in certain circumstances.

Regulations 13 to 15 provide for the removal, replacement and addition of the eartags and tattoos, and prohibits their defacement. Regulation 16 requires production of records to an inspector and regulation 17 provides for local authorities to enforce the provisions of these Regulations.

Breach of any provision of these Regulations is an offence under Section 73 of the Animal Health Act 1981 and is punishable on conviction with a fine.

A regulatory appraisal has not been prepared for these Regulations.

Notes:

[1] By virtue of the European Communities (Designation) (No. 3) Order 1999 (S.I. 1999/2788).back

[2] 1972 c.68.back

[3] S.I. 2000/2335 (W. 152).back

[4] S.I. 1995/539 as amended by S.I. 1995/3189, and in relation to Wales by S.I. 2000/656, S.I. 2000/2257, S.I. 2001/1508, S.I. 2001/1740, S.I. 2001/1802, S.I. 2001/2627 and S.I. 2002/129.back

[5] S.I. 2002/280 (W32).back

[6] OJ L355, 5.12.92, p.0032.back

[7] S.I. 1983/1950.back

[8] 1998 c.38.back

ISBN 0 11090426 5

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