The Cattle Identification (Enforcement) Regulations 1997

Explanatory Note

(This note is not part of the Regulations)

These Regulations create offences for breach of—

• Article 4.3 (imports of cattle from third countries)

• Article 4.5 (removal of ear tags)

• Article 7.1 (keeping a register)

• Article 7.3 (provision of information) and

• Article 7.4 (production and retention of the register)

of Council Regulation 820/97/EC (establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products (OJ No. L 117, 7.5.97, p. 1)). They provide that the competent authority for the purposes of Articles 4.1, 4.5 and 4.6 of that Regulation is the Minister of Agriculture, Fisheries and Food. They specify the form of a register and when it shall be filled in (regulation 3 and the Schedule).

They give powers to inspectors and officers of the Minister (regulations 4 and 5), create offences of obstruction and provide for offences by a body corporate (regulations 6 and 7).

Breach of the Regulations is an offence punishable—

• for obstruction, on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.

• for any other offence,

(a)

on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months or to both;

(b)

on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both

(regulation 8).

They are enforced by the Minister, the Secretary of State and the local authority (regulation 9).

They revoke the Bovine Animals (Identification, Marking and Breeding Records) Order 1990 and parts of the Bovine Animals (Records, Identification and Movement) Order 1995. They amend the Suckler Cow Premium Regulations 1993 and the Beef Special Premium Regulations 1996 (Regulation 10).

A Compliance Cost Assessment has been prepared and placed in the library of each House of Parliament. Copies can be obtained from the Animal Health (Disease Control) Division of the Ministry of Agriculture, Fisheries and Food, Government Buildings, Hook Rise South, Tolworth, Surbiton, Surrey KT6 7NF.