PART 6Removal or replacement of identification marks on animals identified before 31 December 2009

Removal or replacement of identification marks

20.—(1) No person may contravene or fail to comply with Article 4(6)(first paragraph) of the Council Regulation.

(2) But a keeper must replace a lost or illegible identification mark, in accordance with article 21, article 22 or article 23 (whichever article is applicable) as soon as possible after the original identification mark is discovered to be lost or illegible, but in any event—

(a)no later than 28 days after it was discovered to be lost or illegible; and

(b)before the animal is moved from the holding.

(3) Where an identification mark is replaced with an identification mark bearing a different identification code and the animal is not on its holding of birth and the old identification code is known the keeper must cross-reference the old and new identification codes in the holding register.

(4) It is a defence for any person charged with an offence of contravening or failing to comply with paragraphs (1) or (2) to prove that—

(a)the identification mark was removed to prevent unnecessary pain to an animal; and

(b)a replacement means of identification bearing the same identification code was applied to the animal as soon as possible.

(5) A keeper may at any time remove identification marks and re-identify the animal in accordance with article 9.