The Cattle Identification (Scotland) Amendment Regulations 2011

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Cattle Identification (Scotland) Regulations 2007 (“the principal Regulations”).

Regulations 2(2) and 2(4) implement Commission Regulation (EU) No. 1053/2010 amending Regulation (EC) No. 494/98 as regards administrative sanctions in cases of failure to prove the identification of an animal (OJ L 303, 19.11.2010, p.1). It provides that, if a keeper of an animal cannot prove its identification and traceability, the Scottish Ministers may, on the basis of an assessment of the animal health and food safety risks, order the destruction of the animal without compensation.

Regulation 2(3) inserts into the principal Regulations a new regulation 10A, that gives inspectors the power to apply to a sheriff or a justice of the peace for a warrant for entry into premises for enforcement purposes.

Regulation 2(5) substitutes paragraph 3 of Schedule 2 to the principal Regulations, concerning notification of death. The new provision provides for a seven day period for reporting the death of an animal and returning its cattle passport or other identification document to the Scottish Ministers and provides methods of reporting on-farm deaths of animals.

Regulation 3 inserts a saving provision.

No business regulatory impact assessment has been prepared for these Regulations as no impact upon businesses, charities or voluntary bodies is foreseen.