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2003 No. 2632

ANIMALS, ENGLAND

ANIMAL HEALTH

The Pigs (Records, Identification and Movement) Order 2003

  Made 9th October 2003 
  Coming into force 31st October 2003 


ARRANGEMENT OF ARTICLES


PART 1

Preliminary
1. Title, application and commencement
2. Interpretation
3. Licences, etc.

PART 2

Record Keeping
4. Notification of holdings
5. Movement records
6. Slaughterhouse records
7. Sale records at an auction
8. Record of number of pigs on a holding
9. Records retention

PART 3

Identification Marks
10. Identification mark
11. Requirements for eartags
12. Slapmark
13. Additional marking

PART 4

General Identification Requirements
14. Identification of pigs over 12 months moved off a holding
15. Identification of pigs under 12 months moved off a holding
16. Identification of pigs moved on to a holding from outside the European Union

PART 5

Additional Identification Requirements
17. Additional identification requirements
18. Movement of pigs 12 months old or less to a slaughterhouse
19. Movements of pigs to shows, etc.
20. Movement of pigs for export

PART 6

Regulation of Movements
21. Movement of pigs
22. Walking licences for pet pigs
23. Approved holdings

PART 7

Miscellaneous
24. Removal of an identification mark
25. Replacement of an identification mark
26. Production of documents and records
27. Enforcement
28. Revocations

SCHEDULE

  Holding Movement Record

The Secretary of State, in exercise of the powers conferred upon her by sections 1 and 8(1) of the Animal Health Act 1981[
1] makes the following Order:



PART 1

Preliminary

Title, application and commencement
     1. This Order may be cited as the Pigs (Records, Identification and Movement) Order 2003; it applies in England and comes into force on 31st October 2003.

Interpretation
    
2. In this Order - 

Licences, etc.
    
3. Any licence, authorisation or approval under this Order shall be in writing, may be subject to conditions and may be suspended, amended or revoked in writing at any time.



PART 2

Record Keeping

Notification of holdings
    
4.  - (1) A keeper shall notify the Secretary of State of the following information within one month of the establishment of a holding - 

    (2) The Secretary of State shall issue an alpha numeric code for each herd of pigs on the holding (the "herdmark"), once the information in paragraph (1) has been provided.

    (3) A keeper shall notify the Secretary of State of any change or addition to the information in paragraph (1) within one month of the change or addition.

    (4) Paragraph (1) shall not apply to a keeper who has already notified the Secretary of State.

    (5) Any notification required under this article shall be in writing.

Movement records
    
5.  - (1) A keeper shall record each movement of a pig on or off his holding within 36 hours of the movement.

    (2) The record shall be in the form set out in the Schedule.

    (3) If the movement is for any purpose in articles 19 or 20 the keeper shall also record the unique individual identification number.

Slaughterhouse records
    
6.  - (1) An occupier of a slaughterhouse shall, in addition to the requirements of article 5, record the details of any pig brought to the slaughterhouse that is not - 

    (2) The details to be recorded shall be kept separately from the information required by article 5 and shall include - 

Sale records at an auction
    
7.  - (1) At a market where pigs are sold by auction the occupier of the market shall, for each lot of pigs, record - 

    (2) The record shall be made within 36 hours of the sale.

Record of number of pigs on a holding
    
8. At least once a year the keeper shall record the maximum number of pigs normally present on the holding.

Records retention
    
9.  - (1) Any person required by this Order to make records shall keep them for at least 6 years from the end of the year in which the entry was made.

    (2) Records may be in written or electronic form.



PART 3

Identification Marks

Identification mark
    
10.  - (1) An identification mark is - 

    (2) For the purposes of articles 19 and 20 the herdmark in paragraph (1) shall be followed by a unique individual identification number allotted to the pig by the keeper.

Requirements for eartags
    
11. An eartag shall be - 

Slapmark
    
12. A slapmark is a tattoo of the herdmark which is applied on each front shoulder area of the pig.

Additional marking
    
13. Nothing in this Order shall prevent a keeper from marking the pig with any other information, or adding further information to the identification mark, provided that this marking does not affect the ability to read the identification mark or the slapmark.



PART 4

General Identification Requirements

Identification of pigs over 12 months moved off a holding
    
14. No person shall move a pig over 12 months old off a holding unless it is marked with - 

Identification of pigs under 12 months moved off a holding
    
15.  - (1) No person shall move a pig 12 months old or less off a holding unless it is identified in accordance with article 14 or with a temporary mark.

    (2) A temporary mark shall - 

Identification of pigs moved on to a holding from outside the European Union
    
16.  - (1) Any person importing a pig from outside the European Union shall apply an eartag or a tattoo to the pig containing the following information, in the following order - 

    (2) The eartag or tattoo must be applied to the pig within 30 days of its arrival at the holding of destination, and in any event, before it is moved from that holding.



PART 5

Additional Identification Requirements

Additional identification requirements
    
17. The identification requirements for the movements specified in articles 18 to 20 apply in addition to the requirements in Part 4.

Movement of pigs 12 months old or less to a slaughterhouse
    
18.  - (1) No person shall move a pig 12 months old or less off a holding to a slaughterhouse or slaughter market unless it is marked with - 

    (2) In this article, slaughter market means a market for the sale of pigs intended for immediate slaughter.

Movements of pigs to shows, etc.
    
19. No person shall move a pig off a holding  - 

unless it is marked with an identification mark that includes a unique individual identification number in accordance with article 10(2).

Movement of pigs for export
    
20.  - (1) No person shall move a pig off a holding for the purposes of intra-Community trade or export unless it is marked with an identification mark that includes - 

    (2) Paragraph (1) shall apply whether the identification mark is an eartag or a tattoo.



PART 6

Regulation of Movements

Movement of pigs
    
21.  - (1) Any person transporting pigs shall carry a document, signed by the keeper, which specifies - 

    (2) Any person transporting a pig shall give the document referred to in paragraph (1) to the keeper at the holding of destination who shall retain it for at least 6 months.

    (3) The keeper at the holding of destination shall, within 3 days of the arrival of a pig, send a copy of the document referred to in paragraph (1) to the local authority.

    (4) The keeper of a pig being moved outside England shall send a copy of the document referred to in paragraph (1) to the local authority for the consigning holding.

Walking licences for pet pigs
    
22.  - (1) A keeper of a pet pig may apply to the Secretary of State for a licence (a "walking licence") allowing him to move the pig without complying with articles 5 and 21.

    (2) The person moving the pig under this licence must carry a copy of it throughout the movement.

Approved holdings
    
23.  - (1) An approved holding is a holding which the Secretary of State may approve for the purposes of movements of pigs intended for breeding or growing.

    (2) The approval shall specify which holdings pigs may be moved from and which holdings they may be moved on to.

    (3) A movement of a pig between holdings approved under this article shall not trigger the standstill period in the Disease Control (England) Order 2003[
2].



PART 7

Miscellaneous

Removal of an identification mark
     24. No person shall, unless authorised by the Secretary of State, remove an identification mark applied or attached under this Order.

Replacement of an identification mark
    
25.  - (1) No person shall, unless authorised by the Secretary of State, replace an identification mark applied or attached under this Order unless it has - 

    (2) Any person replacing an identification mark shall either - 

Production of documents and records
    
26. An inspector may require any record made under this Order to be produced on demand and a copy or printout of it to be made.

Enforcement
    
27.  - (1) This Order shall be enforced by the local authority.

    (2) The Secretary of State may direct, in relation to cases of a particular description or any particular case, that an enforcement duty imposed on a local authority under this Order shall be discharged by the Secretary of State and not by the local authority.

Revocations
    
28.  - (1) The following are revoked - 

    (2) The Pigs (Records, Identification and Movement) Order 1995[5] is revoked in relation to England only.


Ben Bradshaw
Parliamentary Under Secretary of State Department for Environment, Food and Rural Affairs

9th October 2003



SCHEDULE
Article 5


HOLDING MOVEMENT RECORD



The Pigs (Records, Identification and Movement) Order 2003


Name and address of person keeping the record

Date of movement Identification mark, slapmark or temporary mark Number of pigs Holding from which moved Holding to which moved
                        



EXPLANATORY NOTE

(This note is not part of the Order)


This Order, which applies in England only, continues to implement Council Directive 92/102/EEC on the identification and registration of animals (OJ No L 355, 5.12.92, p.0032) and revokes and replaces the Pigs (Records, Identification and Movement) (Interim Measures) (England) (No. 2) Order 2002. (S.I. 2002/2154, as amended). It makes the following changes of substance - 

Part 2 sets out record keeping requirements, including the requirement to keep movement records (article 5), sale records at an auction (article 7) and records of the number of pigs on a holding (article 8).

Part 3 defines identification marks (article 10) and slapmarks (article 12) and specifies the requirements for eartags (article 11). Part 6 regulates the movement of pigs (article 21) and pet pigs (article 22) and authorises the Secretary of State to approve holdings from which pigs may be moved without triggering the standstill period in the Disease Control (England) Order 2003 (S.I. 2003/1729) in the holding of destination (article 23).

Part 7 prohibits the removal and replacement of identification marks, except in certain circumstances (articles 24 and 25).

The Order is enforced by the local authority (article 27).

Breach of the Order is an offence under section 73 of the Animal Health Act 1981, punishable in accordance with section 75 of that Act.

A Regulatory Impact Assessment has been prepared for this Order and placed in the library of each House of Parliament. Copies can be obtained from the Livestock Identification Division, Department for Environment, Food and Rural Affairs, 1A Page Street, London SW1P 4PQ.


Notes:

[1] 1981 c. 22. Functions conferred under the 1981 Act on "the Ministers" (as defined in section 86 of that Act) were transferred, so far as exercisable by the Secretaries of State for Scotland and Wales, to the Minister of Agriculture, Fisheries and Food by the Transfer of Functions (Agriculture and Food) Order 1999 (S.I. 1999/3141) and were then further transferred to the Secretary of State by the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794).back

[2] S.I. 2003/1729.back

[3] S.I. 2002/2154.back

[4] S.I. 2003/28.back

[5] S.I. 1995/11, as amended.back



ISBN 0 11 048124 0


  Prepared 12 November 2003


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URL: http://www.bailii.org/uk/legis/num_reg/2003/20032632.html