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12.—(1) No person may contravene or fail to comply with Article 4(6)(first paragraph) of the Council Regulation.
(2) But a keeper must replace a lost or illegible means of identification, in accordance with articles 13 or 14 as the case may require, as soon as possible after the original means of identification is discovered to be lost or illegible, but in any event—
(a)no later than 28 days after it was discovered to be lost or illegible, and
(b)before the animal is moved from the holding.
(3) Where an identification mark is replaced with an identification mark bearing a different identification code and the old identification code is known the keeper must cross-reference the old and new identification codes in the holding register.
(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 means of identification 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.
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