The Sheep and Goats Identification and Movement (Interim Measures) (Wales) (No. 2) Order 2002

Title, application, commencement and cessation

1.—(1) This Order may be cited as the Sheep and Goats Identification and Movement (Interim Measures) (Wales) (No. 2) Order 2002 and applies to Wales.

(2) This Order comes into force on 6th September 2002 and shall cease to have effect on 1st February 2003.

Interpretation

2.—(1) In this Order—

• “assembly centre” (“canolfan gynnull”) means an assembly centre approved by the National Assembly for Wales in accordance with regulation 12(2) of the Animals and Animal Products (Import and Export) (England and Wales) Regulations 2000 (1);

• “collecting centre” (“canolfan gasglu”) means premises used for the intermediate reception of animals intended to be moved elsewhere and includes any place used, whether as a market or otherwise, for the sale or trading of animals but only where the animals being sold or traded are intended for immediate slaughter thereafter;

• “CPH number” (“rhif daliad”) means the farm holding number assigned from time to time to any premises or part of any premises by the National Assembly;

• “flockmark” (“marc diadell”) means the mark allocated to a flock of sheep by the National Assembly;

• “goat” (“gafr”) means a live goat;

• “herdmark” (“marc gyr”) means the mark allocated to a herd of goats by the National Assembly;

• “holding” (“daliad”) 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;

• “keeper” (“ceidwad”) 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” (“Cynulliad Cenedlaethol”) means the National Assembly for Wales;

• “relevant date” (“dyddiad perthnasol”) means the date on which this Order comes into force;

• “sheep” (“dafad”) means a live sheep;

• “the 2000 Regulations” (“Rheoliadau 2000”) means the Sheep and Goats Identification (Wales) Regulations 2000(2);

• “show” (“sioe”) means an occasion at which animals are exhibited but not solely for the purpose of sale;

• “slaughterhouse” (“lladd-dy”) has the meaning given in regulation 2(1) of the Fresh Meat (Hygiene and Inspection) Regulations 1995(3);

• “sole occupancy group” (“grŵ p meddianaeth unigol”) has the meaning given in article 2 of the Disease Control (Interim Measures) (Wales) (No. 2) Order 2002(4);

• “temporary grazing land” (“tir pori dros dro”) means land to which sheep are moved for a temporary period for the purpose of being fed or pastured but which is not part of the holding where the sheep are usually kept;

• “temporary mark” (“marc dros dro”) means a temporary mark in accordance with article 6(11);

• “veterinary treatment” (“triniaeth filfeddygol”) means any treatment or procedure carried on by or under the supervision of a veterinary surgeon; and

• “X Mark” means an X Mark in accordance with article 6(1) and (8).

(2) Unless the context otherwise requires, any reference in this Order to a numbered article is a reference to the article bearing that number in this Order and any reference in an article 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 article.

Notification of holdings where sheep or goats are kept

3.—(1) Where after the relevant date, a person becomes the keeper of any sheep or goat on a holding, he or she shall, within one month after he or she begins to keep that animal, notify the National Assembly in writing—

(a) of the address of the holding;

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

(c) whether sheep or goats or both are usually kept on the holding.

(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.

Sheep records

4.—(1) Any person keeping sheep on a holding (other than an assembly centre, 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—

(a) the date of movement;

(b) the total number of sheep moved;

(c) one of the following marks—

(i) the latest S Mark applied to the sheep;

(ii) where there is no S Mark, the Origin Mark or the mark made under regulation 7(5) of the 2000 Regulations;

(iii) where there is no mark as mentioned in sub-paragraphs (c)(i) or (ii), the F Mark or R Mark; or

(iv) the individual identification number together with the mark which was applied at the same time as the individual identification number;

(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 allocated at the market;

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

(g) in the case of a sheep being moved to an assembly centre, the individual identification number (if more than one, the latest individual identification number applied to it);

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

(i) an Origin Mark which includes the letters “UK”, and the individual identification number,

(ii) an F Mark which includes the letters “UK”, and the individual identification number, or

(iii) an X Mark and the individual identification number; and

(i) in the case of a ram that is identified, marked or tagged with an individual identification number for the purposes of article 3(2)(b)(xviii), 3(3)(d), 3(3)(g) or 3(3)(h) of the Disease Control (Interim Measures) (Wales) (No. 2) Order 2002, that individual identification number together with the mark which was applied at the same time as that number.

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

(a) moved direct to a slaughterhouse;

(b) moved direct to a market for the purpose of sale for slaughter;

(c) moved to a collecting centre before being moved to a slaughterhouse; or

(d) returned direct to a holding from a market to which it had been sent for the purpose of sale for slaughter;

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—

(a) the date of the sale;

(b) the number of sheep sold; and

(c) the name and address of the purchaser.

(5) In the case of a sheep marked in accordance with article 11 or re-marked in accordance with article 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) When a keeper marks a sheep with an X Mark, he or she shall within 36 hours—

(a) where the X Mark is applied at an assembly centre, make a record of the X Mark and the individual identification number applied at the same time as the X Mark, cross-referenced with the mark which has been recorded under paragraph (2)(c) and with the individual identification number recorded under paragraph (2)(g); and

(b) where the X Mark is applied at a holding other than an assembly centre, make a record of the X Mark and the individual identification number applied at the same time as the X Mark, cross-referenced with the mark which has been recorded under paragraph 2(c).

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

Goat records

5.—(1) Any person keeping a goat on a holding (other than an assembly centre, 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—

(a) the date of movement;

(b) the total number of goats moved;

(c) one of the following marks—

(i) the latest S Mark applied to the goat;

(ii) where there is no S Mark, the Origin Mark or the mark made under regulation 7(5) of the 2000 Regulations;

(iii) where there is no mark as mentioned in sub-paragraphs (c)(i) or (ii), the F Mark or R Mark; or

(iv) the individual identification number together with the mark which was applied at the same time as the individual identification number;

(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 allocated at the market;

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

(g) in the case of a goat being moved to an assembly centre, the individual identification number (if more than one, the latest individual identification number applied to it);

(h) in the case of a goat being moved to a destination outside Great Britain, one of the following marks applied to it—

(i) an Origin Mark which includes the letters “UK”, and the individual identification number,

(ii) an F Mark which includes the letters “UK”, and the individual identification number, or

(iii) an X Mark and the individual identification number; and

(i) in the case of a goat being moved for the purposes of article 3(2)(b)(xix) or 3(3)(e) of the Disease Control (Interim Measures) (Wales) (No. 2) Order 2002, that individual identification number together with the mark which was applied at the same time as that number.

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

(a) moved direct to a slaughterhouse;

(b) moved direct to a market for the purpose of sale for slaughter;

(c) moved to a collecting centre before being moved to a slaughterhouse; or

(d) returned direct to a holding from a market to which it had been sent for the purpose of sale for slaughter;

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—

(a) the date of sale;

(b) the number of goats sold; and

(c) the name and address of the purchaser.

(5) In the case of a goat marked in accordance with article 11 or re-marked in accordance with article 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) When a keeper marks a goat with an X Mark, he or she shall within 36 hours—

(a) where the X Mark is applied at an assembly centre, make a record of the X Mark and the individual identification number applied at the same time as the X Mark, cross-referenced with the mark which has been recorded under paragraph (2)(c) and with the individual identification number which has been recorded under paragraph (2)(g); and

(b) where the X Mark is applied at a holding other than an assembly centre, make a record of the X Mark and the individual identification number applied at the same time as the X Mark, cross-referenced with the mark recorded under paragraph 2(c).

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

Marks

6.—(1) A mark applied under this Order (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—

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

(b) tamper-proof;

(c) printed or stamped with the required letters and numbers so that they are easy to read during the animal’s lifetime;

(d) such that it does not interfere with the well-being of the animal; and

(e) red in colour when it bears an R Mark but not in any other case.

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

(4) An F Mark is—

(a) when marked on an eartag, the letters “UK” followed by the flockmark or herdmark of the holding to which the animal is imported from outside the European Union, followed by the letter “F”;

(b) when marked on a tattoo, the flockmark or herdmark of that holding followed by the letter “F”.

(5) An Origin Mark is—

(a) when marked on an eartag, the letters “UK” followed by the flockmark or herdmark of the animal’s holding of birth;

(b) when marked on a tattoo, the flockmark or herdmark of the animal’s holding of birth.

(6) An R Mark is—

(a) when marked on an eartag, the letters “UK” followed by the flockmark or herdmark of the holding where the animal was kept at the time it was so marked, followed by the letter “R”;

(b) when marked on a tattoo, the flockmark or herdmark of the holding where the animal was kept at the time it was so marked, followed by the letter “R”.

(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—

(a) does not apply to any other sheep with the same flockmark or to any other goat with the same herdmark;

(b) is applied to an eartag at the same time as an Origin Mark, S Mark, F Mark, R Mark or X Mark is applied, or is tattooed on one of the animal’s ears at the same time that an Origin Mark, S Mark, F Mark, R Mark or X Mark is tattooed on one of its ears; and

(c) in the case of an eartag and subject to paragraph (10), immediately follows an Origin Mark, S Mark, F Mark, R Mark or X Mark or is applied to one side of the eartag on the other side of which is an Origin Mark, S Mark, F Mark, R Mark or X Mark.

(10) A 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 where—

(a) the number was applied in part of the British Islands outside Wales under the legislation in force in that part; or

(b) the number was applied in Wales before 11th February 2002.

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

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 to that animal.

(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 2000 Regulations or article 7(1) of the Sheep and Goats Identification and Movement (Interim Measures) (Wales) Order 2002(5), as appropriate.

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—

(a) a goat moved for the purposes of being tattooed and then immediately returned to its holding of birth; or

(b) a sheep or goat moved for the purpose of receiving veterinary treatment and then immediately returned to its holding of birth; or

(c) a sheep or goat marked before the relevant date in accordance with regulation 7(5) of the 2000 Regulations or article 8(1) of the Sheep and Goats Identification and Movement (Interim Measures) (Wales) Order 2002, as appropriate.

Movements generally

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

(a) an Origin Mark and an individual identification number;

(b) an S Mark indicating the flockmark or herdmark of the holding from which the animal is being moved;

(c) an S Mark and an individual identification number;

(d) an F Mark and an individual identification number;

(e) an R Mark indicating the flockmark or herdmark of the holding from which the animal is being moved; or

(f) an R Mark and an individual identification number.

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

(a) the animal is marked in accordance with article 13(2)(b) and is being moved from the holding to which the flockmark or herdmark refers;

(b) the animal is being imported from outside the European Union to a holding in Wales;

(c) the animal is being moved from the holding to which it was imported from outside the European Union and is marked with an F Mark;

(d) the animal is being moved from another Member State to a holding in Wales and is marked in accordance with Council Directive 92/102/EEC(6) on the identification and registration of animals;

(e) the animal is being moved from a part of the British Islands outside Wales and is marked in accordance with the legislation in force in that part of the British Islands;

(f) before the relevant date the animal was marked in accordance with either—

(i) regulation 7(5) of the 2000 Regulations and with an individual identification number; or

(ii) article 9(1) of the Sheep and Goats Identification and Movement (Interim Measures) Order 2002, as appropriate;

(g) the animal is marked with a temporary mark and is—

(i) being moved direct to a slaughterhouse,

(ii) being moved direct to a market for the purpose of sale for slaughter,

(iii) being moved to a collecting centre before being moved to a slaughterhouse; or

(iv) returning direct to a holding from a market (other than a dedicated slaughter market) to which it had been sent for the purpose of sale for slaughter;

(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;

(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;

(k) a sheep is marked with a temporary mark and is returning from temporary grazing land to the holding on which it was kept immediately prior to being moved to the temporary grazing land; or

(l) the animal is being moved from a market, provided the animal was marked in accordance with the requirements of this Order when it was moved on to that market.

(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) (a) A person must not move an animal to an assembly centre unless the animal is marked in accordance with one or more of the following sub-paragraphs:

(i) with an Origin Mark and with an individual identification number;

(ii) with an S Mark and with an individual identification number;

(iii) with an F Mark and with an individual identification number;

(iv) with a mark applied under the 2000 Regulations;

(b) Paragraph (1) shall not apply in respect of an animal which is being moved in accordance with sub-paragraph (a).

(5) (a) A person must not move an animal to premises outside Great Britain unless it is marked in accordance with one or more of the following sub-paragraphs—

(i) with an Origin Mark which includes the letters “UK”, and with an individual identification number;

(ii) with an F Mark which includes the letters “UK”, and with an individual identification number; or

(iii) with an X Mark and with an individual identification number that was applied at the same time as the X Mark; and

(b) Paragraph (1) shall not apply in respect of an animal which is being moved in accordance with sub-paragraph (a).

Maximum number of marks

10.—(1) A person must 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 (2).

(2) The marks described in this paragraph are—

(a) an Origin Mark, an S Mark, an F Mark or an R Mark;

(b) a mark applied under the 2000 Regulations;

(c) a mark applied under legislation in force in a part of the British Islands outside Wales;

(d) a mark applied in another member State in accordance with Council Directive 92/102/EEC; or

(e) a mark applied under a licence given under article 8 or 31 of the Foot and Mouth Disease Order 1983(7).

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 or her agent and which specifies—

(a) the addresses (including the CPH number and the postcode) of the holdings from, and to which, the animal is being moved;

(b) the date of movement and the total number of animals being moved;

(c) the mark described in paragraph (2);

(d) the lot number in respect of an animal which is being moved from market; and

(e) the individual identification number in respect of the animal which is being moved to an assembly centre.

(2) The document shall also specify

(a) one of the following—

(i) the S Mark applied to the animal;

(ii) where there is no S Mark, the Origin Mark, or the mark applied under regulation 7(5) of the 2000 Regulations; or

(iii) where there is no mark as mentioned in sub-paragraphs (i) or (ii), the F Mark or the R Mark;

(iv) the individual identification number together with the mark which was applied at the same time as the individual identification number;

(b) any temporary mark in the case of an animal—

(i) being moved direct to a slaughterhouse,

(ii) being moved direct to a market for the purpose of sale for slaughter;

(iii) being moved to a collecting centre before being moved to a slaughterhouse;

(iv) returning direct to a holding from a market to which it had been sent for the purpose of sale for slaughter; or

(v) returning from temporary grazing land to the holding on which it was kept immediately prior to being moved to the temporary grazing land;

(c) where an animal is being moved to or from a show, the individual identification number together with the mark which was applied at the same time as the individual identification number; or

(d) where a ram or goat is being moved for breeding purposes in accordance with article 3(2)(b)(xviii), 3(2)(b)(xix), 3(3)(d), 3(3)(e), 3(3)(g) or 3(3)(h) of the Disease Control (Interim Measures) (Wales) (No. 2) Order 2002, the individual identification number together with the mark which was applied at the same time as the identification number.

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

(a) between a holding and any land in respect of which a right of grazing in common with other proprietors is exercisable;

(b) for the purposes of veterinary treatment, dipping or shearing;

(c) in the case of goats, for the purpose of being tattooed; or

(d) from premises in a sole occupancy group to other premises in the same group.

(4) When the animal arrives at its destination, the person moving the animal must give the document referred to in paragraph (1) above to the keeper at the holding of destination.

(5) The keeper at the holding of destination shall, within 3 days of the arrival of the animal there, send a copy of the document referred to in paragraph (1) to the local authority for the area in which the holding is situated.

(6) The keeper of an animal being moved outside Great Britain shall send a copy of the document referred to in paragraph (1) to the local authority for the area in which the premises from which the animal is being moved, are situated.

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 this Order, the 2000 Regulations, or the Sheep and Goats Identification and Movement (Interim Measures) (Wales) Regulations 2002, 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—

(a) apply an identical mark;

(b) apply—

(i) where the original mark was an Origin Mark, a tag with the letters “UK” followed by the flockmark or herdmark of the holding where the animal is kept or a tattoo with the flockmark or herdmark of the holding where the animal is kept;

(ii) where the original mark was an F Mark, a tag with the letters “UK” followed by the flockmark or herdmark of the holding where the animal is kept followed by the letter F or a tattoo with the flockmark or herdmark of the holding where the animal is kept followed by the letter F; or

(iii) where the original mark was an R Mark, a new R Mark, and cross-reference the new mark with the original mark in the record kept under article 4 or 5; or

(c) where the action in neither sub-paragraph (a) nor (b) can be carried out, apply an R Mark.

(3) When an S Mark has become illegible or is lost, the keeper shall, if he or she knows the details (specified in article 6(7)) that were on that mark, replace it with an identical mark.

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

(5) 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.

Application of eartags and tattoos

14.  Other than for the purpose of complying with the requirements of this Order, a person shall not apply an eartag or tattoo bearing a flockmark or herdmark to a sheep or goat unless authorised by the National Assembly.

Alteration of eartags and tattoos

15.  A person shall not alter, obliterate or deface the information on an eartag or tattoo applied to a sheep or goat under this Order.

Production of records and documents

16.  Any person in charge of any record or document required to be kept under this Order 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.

Markets

17.—(1) The operator of the market shall ensure that all sheep and goats attending the market are divided into groups of one or more animals immediately upon their arrival there, and a lot number is allocated to each group.

(2) No person shall buy or sell a sheep or goat at a market unless he or she also buys all other animals in the lot to which that sheep or goat belongs.

(3) The operator of a market shall ensure that as soon as a sheep or goat has been sold at the market, the movement document described in article 12 is completed.

(4) No person shall move a sheep or goat from a market other than to the premises identified in the movement record completed in accordance with paragraph (3) above.

(5) The market operator shall ensure that on the day that a sheep or goat is moved from the market, he or she sends a document substantially in the form set out in the Schedule to this Order, specifying the information described in article 12(1) and (2) to the local authority for the area in which the market is situated.

Enforcement

18.  Except where otherwise expressly provided, the provisions of this Order are to be executed and enforced by the local authority.

Revocation of the Sheep and Goats Identification and Movement (Interim Measures) (Wales) Order 2002

19.  The Sheep and Goats Identification and Movement (Interim Measures) (Wales) Order 2002 is revoked.

Signed on behalf of the National Assembly for Wales

Jane Davidson

Minister for Education and Lifelong Learning

at 2:31pm on 4th September 2002

Whitty

Parliamentary Under-Secretary of State

Department for Environment,

Food and Rural Affairs

at 11:30am on 5th September 2002