The Bovine Animals (Records, Identification and Movement) Order 1995

Identification of animals

Attachment of ear tags to bovine animals

8.—(1) Subject to paragraph (2) below, the owner or person in charge of a bovine animal shall attach an ear tag to the right ear of the animal in accordance with the following provisions of this article.

(2) Paragraph (1) above does not apply to a bovine animal—

(a) which, before 1st April 1995, is marked with an identification mark in compliance with the 1990 Order; or

(b) to which an ear tag has been attached in compliance with the Directive in accordance with provisions of the law of another member State or an EEA State.

(3) The ear tag shall comprise the following particulars—

(a) the country code ‘UK’;

(b) the relevant herd mark; and

(c) an unique number, being a number approved by the Minister for the purposes of this Order and allotted to the animal by the owner or person in charge of it.

(4) In the case of a bovine animal born in Great Britain, an ear tag shall be attached to it,—

(a) in the case of an animal born in a dairy herd, within 36 hours of birth; and

(b) in any other case, within 30 days of birth,

and, in any event, before it is moved from the holding where it was born.

(5) In the case of a bovine animal which has been imported into Great Britain and to which an ear tag has not been attached in compliance with the Directive in accordance with provisions of the law of another member State or an EEA State, an ear tag shall be attached to it before it is moved from the holding to which it was moved immediately upon importation.

(6) Paragraph (1) above shall not apply in the case of a bovine animal which, on importation into Great Britain from a country other than a member State or an EEA State, is moved immediately to a slaughterhouse if the animal is slaughtered within 30 days of undergoing the checks laid down by Council Directive 91/496/EEC(1).

(7) Any person who has possession of any ear tags which may be, but have not been, attached to a bovine animal under this article or article 9(1) shall—

(a) keep them in a secure place; and

(b) on demand made by an inspector at any reasonable time, produce them and allow a record of them to be taken.

Illegible or lost ear tags

9.—(1) Where any ear tag which has been attached to a bovine animal becomes illegible or is lost, it shall be the duty of the owner or person in charge of the animal to attach a replacement tag to the animal as soon as practicable after the illegibility arises or the tag is lost; and—

(a) in the case of a tag which had been attached under article 8, the replacement tag shall bear the country code ‘UK’ and either—

(i) the relevant herd mark and the number allotted to the animal in accordance with paragraph (3)(c) of that article with the prefix ‘R’, or

(ii) the particulars referred to in article 8(3);

(b) in the case of a tag which had been attached in compliance with the Directive in accordance with provisions of the law of another member State or an EEA State, the replacement tag shall bear—

(i) the same number as that tag with the prefix ‘R’; or

(ii) the particulars referred to in article 8(3); and

(c) in the case of an approved identification, the replacement tag shall bear either—

(i) the same particulars as the approved identification; or

(ii) the particulars referred to in article 8(3).

(2) Where an ear tag bears—

(a) a new number in accordance with paragraph (1)(a)(ii) or paragraph (1)(b)(ii) above, that number shall be cross-referenced in the record maintained pursuant to article 5(1) to the number last allocated to the animal (whether under article 8(3)(c) or under paragraph (1)(a)(ii) or (1)(b)(ii) above); or

(b) particulars in accordance with paragraph (1)(c)(ii) above, the record maintained pursuant to article 5(1) shall include a cross-reference to the relevant approved identification.

(3) Where an ear tag which has been attached to a bovine animal under this article becomes illegible or is lost, this article shall have effect in relation to that tag as it has in relation to—

(a) a tag which had been attached under article 8;

(b) a tag which had been attached in compliance with the Directive in accordance with provisions of the law of another member State or an EEA State; or

(c) an approved identification,

as the case may require.

(4) In this article, “approved identification” means an identification mark in the form of an ear tag under the 1990 Order.

Temporary marks

10.  Without prejudice to the provisions of article 8, in the case of a bovine animal to which an ear tag is not attached, for the purpose of the temporary identification of that animal,—

(a) the owner or person in charge of it shall, if so directed in writing by an inspector, apply to it a distinguishing mark in accordance with the direction; or

(b) an inspector may himself apply a distinguishing mark to it.

Permitted additional ear tags

11.—(1) Subject to paragraph (2) below, save in accordance with the provisions of this paragraph, it shall not be lawful to attach to any bovine animal an additional ear tag which could be confused with an ear tag attached—

(a) under any other provision of this Order;

(b) in compliance with the Directive in accordance with provisions of the law of another member State or an EEA State; or

(c) in compliance with the 1990 Order.

(2) Nothing in paragraph (1) above shall preclude the attaching to an ear of an animal of an additional tag comprising information similar in all respects—

(a) to that comprised in an ear tag attached under article 8(1) save for the country code ‘UK’; or

(b) to that comprised in an ear tag which has been attached in compliance with the Directive in accordance with provisions of the law of another member State or an EEA State.

Removal of ear tags

12.  Save in accordance with an authority issued by a veterinary inspector, it shall not be lawful for any person—

(a) to remove any ear tag from a bovine animal; or

(b) to replace an ear tag attached to an animal otherwise than in replacement of one which has become illegible or which has been lost,

other (in either case) than an ear tag which has been attached to the animal in accordance with article 11(2).

Construction of ear tags

13.—(1) It shall not be lawful for any person to attach an ear tag to a bovine animal under this Order unless the ear tag is of a pattern approved by the Minister for the purposes of this Order.

(2) It shall not be lawful for any person to supply to any other person an ear tag which may be attached to an animal under this Order unless the ear tag is so constructed as—

(a) not adversely to affect the well-being of the animal to which it is attached;

(b) to be legible for the life of the animal to which it is attached;

(c) to be incapable of being altered in such a way that the fact of alteration cannot be readily observed; and

(d) to be incapable of re-use.

Prohibition on alteration etc of identification marks

14.  It shall not be lawful—

(a) to alter, obliterate or deface or attempt to alter, obliterate or deface an ear tag (other than an ear tag which has been attached to the animal in accordance with article 11(2)) or, subject to article 12, to remove an ear tag; or

(b) to alter, remove, obliterate or deface or attempt to alter, remove, obliterate or deface an approved identification mark applied to the animal under the 1990 Order.

Restriction on movement etc of unidentified bovine animals

15.—(1) Except in the circumstances described in article 8(6), it shall not be lawful to move a bovine animal on or off any premises unless an ear tag is attached to it.

(2) It shall not be lawful to sell a bovine animal or expose it for sale, or to cause it to be sold or exposed for sale, unless—

(a) an ear tag is attached to the animal; and

(b) the tag is clearly visible and legible.

(3) In this article “ear tag” means—

(a) an ear tag attached to the animal as required by this Order;

(b) in the case of an animal born before 1st April 1995, an approved identification mark applied to the animal under the 1990 Order; or

(c) an ear tag which had been attached in compliance with the Directive in accordance with provisions of the law of another member State or an EEA State.

(1)

O.J. No. L268, 24.9.91, p.56, amended by Council Directive 91/628/EEC (O.J. No. L340, 11.12.1991, p.17) and Council Decision 92/438 EEC (O.J. No. L243, 25.8.1992, p.27).