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Cattle Identification (Enforcement) Regulations (Northern Ireland) 1998

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Enforcement of the Council Regulation

3.—(1) Any person who contravenes any of the following provisions of the Council Regulation shall be guilty of an offence, that is to say—

(a)Article 4.3 (imports from third countries);

(b)Article 4.5 (removal of ear tags);

(c)Article 7.1 First Indent (keeping of a register);

(d)Article 7.1 Second Indent (reporting of movements, births and deaths);

(e)Article 7.3 (provision of information);

(f)Article 7.4 (production and retention of the register).

(2) Without prejudice to paragraph (1)(c) any person who fails to keep a register in accordance with the requirements of paragraph (4) shall be guilty of an offence.

(3) The Department shall be the competent authority for the purposes of Article 3, 4.1, 4.5, 4.6, 7.3 and 7.4 of the Council Regulation 820/97/EC.

(4) A person who keeps a register shall ensure that it is in the form set out in the Schedule and that it includes—

(a)within 36 hours of the movement of any animal kept by him on or off a holding, a record of that movement;

(b)within 7 days of the birth of an animal in a dairy herd kept by him, a record of that birth;

(c)within 30 days of the birth of any other animal kept by him, a record of that birth;

(d)within 7 days of the death of an animal kept by him, a record of that death;

(e)within 36 hours of the replacement of the ear tag of any animal kept by him, a record of that replacement.

(5) A person who keeps a register shall do so for—

(a)10 years insofar as the records in that register relate to a farm; and

(b)3 years in any other case,

in both cases from the end of the calendar year in which the last entry was made in the register.

(6) Any record relating to animals made under the Animals (Records) Order (Northern Ireland) 1997(1) shall be kept for the same period as if that record was in a register.

(7) In the case of an animal which is not ear tagged, but is marked under the Tuberculosis Control Order (Northern Ireland) 1964(2), the reference in the form set out in the Schedule to an ear tag shall be construed as a reference to a mark applied under that Order.

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