The Sheep and Goats (Records, Identification and Movement) (England) Order 2007

PART 4 Removal or replacement of identification marks

Removal or replacement of identification marks

14.—(1) No person may remove or replace the original method of identification of an animal originating in another member State in contravention of Article 4(5) of the Council Regulation.

(2) No person may contravene or fail to comply with Article 4(6)(first paragraph) of the Council Regulation, unless in accordance with articles 16 to 19.

(3) A keeper must replace a lost or illegible identification mark, in accordance with articles 15 to 19, as soon as possible after the original identification mark is removed or discovered to be lost or illegible, but in any event–

(a) no later than 28 days after it was removed or discovered to be lost or illegible, and

(b) before the animal is moved from the holding.

(4) It is a defence for any person charged with an offence of contravening or failing to comply with paragraphs (1) or (2) to prove that—

(a) the identification mark was removed to prevent unnecessary pain to an animal; and

(b) a replacement means of identification bearing the same identification code was applied to the animal as soon as possible.

Replacement of the identification mark with an identical code

15.  Where a keeper is required by article 14(3) to replace a lost or illegible identification mark he may do so with a means of identification with an identical identification code and in that case he must record information about the replacement in columns 1, 2 and 3 of section 2 of the register.

Replacement of the identification mark with a different code

16.  A keeper may, as an alternative to the method of replacement described in article 15, instead replace a lost or illegible identification mark with a means of identification bearing a different code to the original identification mark in accordance with articles 17 to 19, provided the objective of traceability is not compromised.

Replacement of the identification mark with a different code for double-tagged animals which have lost one identification mark

17.—(1) This article applies where one identification mark from a double-identified animal is lost or illegible but one legible identification mark remains.

(2) In this article and article 18 “double-identified animal” means an animal identified with two identification marks.

(3) If the animal is on its holding of birth the keeper must replace a lost or illegible means of identification or older means of identification with another means of identification and —

(a) ensure that at least one means of identification or older means of identification on an animal is an eartag; and

(b) record information about the replacement in columns 1, 2 and 3 of section 2 of the register.

(4) If the animal is no longer on its holding of birth the keeper must either—

(a) replace a lost or illegible identification mark or with a replacement means of identification and—

(i) ensure that at least one identification mark on an animal is an eartag; and

(ii) record information about the replacement in columns 1, 2 and 3 of section 2 of the register together with the full identification code on the replacement means of identification in column 4; and

(iii) record the letter or letters and flockmark or herdmark on the remaining means of identification or older means of identification, or the full code on a method of identification, in columns 5 and 6 of section 2 of the register; or

(b) replace the lost or illegible means of identification or older means of identification with an identification tag which has on it the flockmark or herdmark of the holding of birth of the animal.

Replacement of the identification mark with a different code for double-tagged animals which have lost both identification marks

18.—(1) This article applies where both identification marks on a double-identified animal are lost or illegible.

(2) If the animal is on its holding of birth the keeper must —

(a) replace the lost or illegible means of identification or older means of identification with two new identification tags or an identification tag and a tattoo; and

(b) record information about the replacement in columns 1, 2 and 3 of section 2 of the register.

(3) If the original flockmark or herdmark of the animal or the code on a lost or illegible replacement means of identification is known and the animal is not on its holding of birth, the keeper must either—

(a) replace the lost or illegible identification marks with two replacement tags or a replacement tag and a replacement tattoo and—

(i) record information about the replacement in columns 1, 2 and 3 of section 2 of the register together with the full identification code on the replacement means of identification in column 4; and

(ii) record in columns 5 and 6 of section 2 of the register —

(aa) if known, the letter or letters and flockmark or herdmark on the lost or illegible means of identification or older means of identification, or the full code on a method of identification; or

(bb) if those things are not known, the letter and flockmark or herdmark on the lost or illegible replacement means of identification; or

(b) replace the lost or illegible means of identification or older means of identification with two identification tags which have on them the flockmark or herdmark of the holding of birth of the animal.

(4) If the original flockmark or herdmark is not known, the keeper must—

(a) replace the lost or illegible identification marks with two replacement tags or a replacement tag and a replacement tattoo; and

(b) record information about the replacement in columns 1, 2 and 3 of section 2 of the register.

Replacement of the means of identification or older means of identification with a different code for single-tagged animals

19.—(1) This article applies where the means of identification or older means of identification on a single-identified animal is lost or illegible.

(2) In this article “single-identified animal” means—

(a) an animal identified in accordance with paragraphs (1) and (2) of article 6 or similar provisions that give effect to the Council Regulation in Scotland, Wales or Northern Ireland; or

(b) an animal identified with only one older means of identification applied under previous Orders.

(3) If a keeper is replacing a lost or illegible tag on an animal born after 9th July 2005 a new or replacement means of identification must be an identification tag and not a tattoo.

(4) If the animal is on its holding of birth, the keeper must—

(a) replace the lost or illegible means of identification or older means of identification with a new means of identification; and

(b) record information about the replacement in columns 1, 2 and 3 of section 2 of the register.

(5) If the original herdmark or flockmark is known and the animal is not on its holding of birth, the keeper must either—

(a) replace the lost or illegible means of identification or older means of identification with a replacement means of identification and—

(i) record information about the replacement in columns 1, 2 and 3 of section 2 of the register together with the full identification code on the replacement means of identification in column 4; and

(ii) record the letter or letters and flockmark or herdmark on the original means of identification or older means of identification in columns 5 and 6 of section 2 of the register; or

(b) replace a lost or illegible means of identification or older means of identification with an identification tag which has on it the flockmark or herdmark of the holding of birth of the animal.

(6) If the original flockmark or herdmark is not known, the keeper must—

(a) replace the lost or illegible means of identification or older means of identification with a replacement means of identification; and

(b) record information about the replacement in columns 1, 2 and 3 of section 2 of the register.

Replacement of identification marks lost at markets

20.—(1) The requirements of articles 14 to 19 to replace an identification mark do not apply to a market operator or slaughterhouse operator.

(2) If an identification mark is removed, lost or discovered to be illegible while an animal is at a market, the keeper who purchases the animal at the market must apply a replacement in accordance with the provisions of articles 14 to 19.

Loss of methods of identification applied in a third country

21.  Where an animal is imported from a third country and re-tagged in accordance with Article 4(4) of the Council Regulation, the keeper is not required to replace a method of identification applied in the third country if it subsequently becomes lost or illegible.

Alteration of identification marks

22.  No person may alter, obliterate or deface the information on any identification mark attached to an animal under—

(a) the Council Regulation;

(b) this Order or any provision that gives effect to the Council Regulation in Scotland, Wales or Northern Ireland;

(c) the previous Orders; or

(d) Council Directive 92/102/EEC, in the case of an animal marked in another member State in accordance with that Directive.