The Sheep and Goats (Records, Identification and Movement) (Scotland) Order 2009

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision for the administration and enforcement of Council Regulation (EC) No. 21/2004 (establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EC) No. 1782/2003 and Directives 92/102/EEC and 64/432/EEC) (“the Council Regulation”). Article 3 provides that the Scottish Ministers are the competent authority for the purpose of the Council Regulation.

Application of identification

Article 5 requires the application of two means of identification, including one electronic device, to an animal identified on or after 31st December 2009. Article 6 provides for animals that are not intended for export and intended for slaughter within 12 months of birth to be identified with a single means of identification. Article 7 provides for the re-identification of animals no longer intended for slaughter within 12 months of birth. Article 8 provides for animals identified before 31st December 2009 and article 9 provides for animals sent for export. Articles 10, 11 and 12 provide, respectively, for animals imported from third countries, the receipt of animals from another Member State and the receipt of animals from England, Wales or Northern Ireland. Article 13 provides for the loss of methods of identification applied in a third country.

Removal and replacement of identification

Articles 14 to 17 make provision for the removal or replacement of means of identification on animals identified under articles 5 or 6 and before 31st December 2009. Articles 18 and 19 provide for the replacement of a single means of identification on a double-tagged animal and where there are no remaining means of identification. Articles 20 and 21 provide for the identification of goats not identified before 31st December 2009 and the option to re-identify those goats in accordance with article 5.

Documentation and recording of information

Article 22 provides for the keeping of holding registers and article 23 provides for the completion of movement documents. The taking of an annual inventory of animals is required by article 24 and the supply of information for the central database is required by article 25.

Markets

Article 26 contains requirements for traceability systems in markets and article 27 provides that the obligation to replace identification on an animal in a market is on the keeper of the holding of destination. Article 28 provides for the use of electronic movement documents and article 29 provides for contingency planning for power or equipment failure.

Identification devices

Article 30 provides that the Scottish Ministers must approve identification devices and article 31 allows for identification devices to bear supplementary information. Article 32 provides that metal eartags may only be removed for welfare reasons. Article 33 sets out when identification devices of specific colours may be used and article 34 provides for the destruction of identification devices in slaughterhouses. Article 35 provides that any provision requiring identification before movement does not apply if the movement is for emergency veterinary treatment and article 36 provides that any provision requiring identification does not apply if it would cause unnecessary suffering. Article 37 makes it an offence to alter any means of identification.

Miscellaneous

Article 38 confers various powers on inspectors and article 39 enables inspectors to prohibit movements of animals to or from a holding. Articles 40 and 41 relate to the provision of false information and offences by bodies corporate. Article 42 provides that this Order is enforced by the local authority or the Scottish Ministers if so directed.

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

A regulatory impact assessment of the effect that this instrument will have on the costs of business has been prepared. A copy has been placed in the Scottish Parliament Reference Centre. Copies can be obtained from the offices of the Scottish Government Rural Directorate at Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TY.