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The Cattle Identification (Enforcement) Regulations 1997

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Enforcement of Council Regulation 820/97/EC

3.—(1) Any person who contravenes or fails to comply with any of the following provisions 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(1)) and, in the case of a register, fails to complete that register in accordance with this regulation, shall be guilty of an offence—

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

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

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

(d)Article 7.3 (provision of information);

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

(2) The Minister of Agriculture, Fisheries and Food shall be the competent authority for the purposes of Article 4.1, 4.5 and 4.6 of Council Regulation 820/97/EC.

(3) For the purposes of Article 7.4 of Council Regulation 820/97/EC, the register to be kept under this article shall be substantially in the form set out the Schedule to these Regulations, shall contain the following information and shall be completed at the following times—

(a)a record of the movement of an animal on or off a holding shall be made within 36 hours of the movement;

(b)a record relating to the birth of an animal in a dairy herd shall be made within 7 days of the birth;

(c)a record relating to the birth of an animal otherwise than in a dairy herd shall be made within 30 days of the birth;

(d)a record relating to the death of an animal shall be made within 7 days of the death;

(e)a record relating to the replacement of an ear tag shall be made within 36 hours of the replacement.

(4) For the purposes of Article 7.4 of Council Regulation 820/97/EC, the register shall be kept for 10 years in the case of a farm and 3 years in any other case, in both cases from the end of the calendar year in which the last entry was made; and any record made under the Bovine Animals (Records, Identification and Movement) Order 1995(2), the Bovine Animals (Identification, Marking and Breeding Records) Order 1990(3)or the Movement of Animals (Records) Order 1960(4) shall be kept for the same period.

(5) In the case of an animal which is not ear tagged, but is marked under the Bovine Animals (Identification, Marking and Breeding Records) Order 1990, the reference to an ear tag in the form set out in the Schedule is to the mark applied under that Order.

(1)

OJ No. L 117, 7.5.97, p. 1.

(2)

S.I. 1995/12.

(3)

S.I. 1990/1867.

(4)

S.I. 1960/105 to which there are amendments not relevant to these Regulations.

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