PART I PRELIMINARY

Title and commencement _I1

1. This Order may be cited as the Pigs (Records, Identification and Movement) Order 1995 and shall come into force on 30th January 1995.

Interpretation _I2

2.—(1) In this Order—

“approved disinfectant” means a disinfectant listed as approved in the case of Swine Vesicular Disease in Schedule 1 to the Diseases of Animals (Approved Disinfectants) Order 1978 ( 2 ) and “disinfect” means disinfect with an approved disinfectant;

“collecting centre” has the meaning assigned to it in article 11 below;

“farm” means any holding on which pigs are kept for the purpose of breeding or fattening them;

“identification mark” means a mark complying with paragraph (1) or (3)(b) of article 5;

“identification number of the holding” means the numeric code which is allotted to the holding by the appropriate Minister;

“livestock” means cattle, sheep, pigs and goats;

“market” means a market place or sale-yard or any other premises or place to which animals are brought from other places and exposed for sale; and includes any place adjoining those premises used by visitors to the market for parking vehicles and any lairage adjoining a market and used in connection with it;

“slaughterhouse” means, in relation to England and Wales, a slaughterhouse or knacker’s yard as defined in section 34 of the Slaughterhouses Act 1974 ( 3 ) and, in relation to Scotland, a slaughterhouse as defined in section 22 of the Slaughter of Animals (Scotland) Act 1980 ( 4 ) ;

“waste food” means—

• but does not include meal manufactured from protein originating from livestock or poultry.

(2) In this Order “holding” and other expressions which appear in the Order and in [^F2 Council Directive 2008/71/EC on the identification and registration of pigs ^F2] shall bear the meaning they have in that directive.

(3) It shall be sufficient compliance with any provision of this Order requiring or permitting the making of an application, the issue of a licence, notice, approval, authority or authorisation, the depositing of a document or the sending or giving of a document to effect this by means of a facsimile transmission service.

PART II RECORDS AND IDENTIFICATION OF PIGS

RECORDS OF PIGS

Records and notifications of holdings

^F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Records of pigs

^F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

IDENTIFICATION OF PIGS

Identification marks

^F55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Ear tags

^F66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART III MOVEMENT OF PIGS

Prohibition on certain movements of pigs _I3

7.—(1) It shall not be lawful for any person to move or cause to be moved a pig from a market or collecting centre to another market or collecting centre (other than a collecting centre for pigs intended for immediate slaughter).

(2) It shall not be lawful for any person—

(a)to move a pig to a slaughterhouse save for the purpose of slaughter within 72 hours after its arrival there; or

(b)to remove a pig from a slaughterhouse except after slaughter.

Restriction on movement of pigs within 20 days of a previous movement _I4

8.—(1) Subject to the following provisions of this article [^F7 and to the provisions of article 8A^F7] , whenever any pig has been moved to any premises (other than a market, or collecting centre, artificial insemination centre, exhibition, show or place for veterinary treatment) it shall not be lawful to move any pig from those premises before the expiry of a period of 20 days from the day on which the pig first referred to was delivered to those premises.

(2) The restriction contained in paragraph (1) of this article shall not apply to the making at any time of the following movements—

(a)movement between premises occupied by the same person in accordance with—

(i)an authority issued by the appropriate Minister, or

(ii)a declaration made under article 9 ^F8... below;

(b)movement direct to a slaughterhouse, to a market for pigs intended for immediate slaughter or to a collecting centre for pigs intended for immediate slaughter; and

^F9(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Notwithstanding the prohibition in paragraph (1) above, no account shall be taken of the following movements—

(a)movement of a pig on to the premises on its return from—

(i)an exhibition or show;

(ii)a place to which it had been moved for breeding purposes;

(iii)an artificial insemination centre; or

(iv)a place to which it had been moved for veterinary treatment;

subject to its isolation for 20 days on such return; and

(b)movement of a pig intended for breeding or growing from a source approved by the appropriate Minister onto any premises, when such movement is authorised in accordance with conditions set out in writing by a veterinary inspector.

[^F10Restrictions on movement of pigs for export

8A—(1) Whenever any pig has been moved to any premises (other than a collection centre), it shall not be lawful to move any pig from those premises for direct export or to move any pig to a collecting centre for export from there before the expiry of a period of 30 days from the day on which the first pig referred to was delivered to those premises.^F10]

Regulation of movement of pigs from a farm and on return to the farm after movement for certain purposes _I5

9.—(1) This article has effect in relation to the movement of a pig—

(a)from a farm; and

(b)on return to the farm after movement from the farm for breeding purposes; or

(c)on return to the farm after movement from the farm for the purposes of exhibition at a show, or to an artificial insemination centre or for veterinary treatment.

(2) It shall be the duty of the owner of a pig who intends to move it—

(a)in the case of a movement other than for any of the purposes described in subparagraphs (b) and (c) above to make a declaration in the form set out in Schedule 2 to this Order; or

(b)in the case of a movement for any of the purposes described in subparagraphs (b) and (c) above, to make a declaration in the form set out in Schedule 3 to this Order.

(3) In the case of a return described in paragraph (1)(b) above, it shall be the duty of the person in charge of the premises from which the pig is to be moved to make a declaration in the form set out in Schedule 4 to this Order.

(4) In the case of a movement on a return described in paragraph (1)(c) above, no further declaration or licence shall be required.

Regulation of movement of pigs from premises where waste food is kept

^F1110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulation of movement of pigs from collecting centres _I6

11. —(1) This article has effect in relation to movement of pigs from collecting centres licensed under article 14 below and markets and assembly centres approved under regulation 5 of the Animals and Animal Products (Import and Export) Regulations 1993 ( 5 ) in this article referred to as “collecting centres”.

(2) It shall be the duty of the person in charge of the collecting centre to make a declaration in the form set out in Schedule 6 to this Order.

[^F12 (3) It shall be the duty of the person in charge of the collecting centre in the case of a movement to a farm, within the period of three days after the movement is commenced, to send a further copy of the declaration to the local authority of the area in which the collecting centre is situated.^F12]

(4) Upon receipt of a declaration under paragraph (3) above a local authority shall, if the premises to which a pig is to be moved is in the area of another local authority, forthwith send a copy of the declaration to that authority.

Regulation of any other movement of pigs

^F1312. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulation of sales of pigs _I7

13.—(1) It shall not be lawful for any person to hold a sale of pigs (whether at a market or elsewhere) save in accordance with a licence issued by an inspector of the local authority for the area in which the sale premises are situated.

(2) A licence shall not be issued under paragraph (1) above, and a sale shall not be held, unless—

(a)in the case of a sale to be held at a market—

(i)the premises are paved with a surface impervious to water and are habitually kept thoroughly cleansed and disinfected as soon as practicable after being used and before being so used again; and

(ii)the premises have adequate disinfection facilities to enable all vehicles used for carrying pigs to or from the premises to be thoroughly cleansed and disinfected or that such facilities exist near the premises to which such vehicles can be directed for cleansing and disinfection;

(b)in the case of a sale to be held on a farm, the sale will comprise only pigs forming the whole or part of the standing herd of that farm and no pigs shall have been moved on to the farm on the day of the sale or within a period of 20 days preceding the day of the sale (other than pigs moved on to the farm in accordance with the provisions of article 8(3) above).

(3) A licence authorising the holding of a sale on premises used as a market shall specify that it applies either—

(a)to pigs which have come from premises on which article 8 has been complied with; or

(b)to pigs intended for immediate slaughter,

which are accompanied by a declaration in the form set out in Schedule 2.

(4) Nothing in this article shall apply to the holding during or at the end of any exhibition or show of pigs and at the premises on which the exhibition or show is held, of any sale of those pigs, if—

(a)all the pigs moved to those premises for the purpose of the exhibition or show have been entered for it not less than seven days before the day on which the sale began; and

(b)no pigs other than pigs so entered for the exhibition or show are on those premises on the day on which the sale is held or have been there within the period of twenty days immediately before the first day of the sale.

Licensing of collecting centres _I8

14.—(1) It shall not be lawful for any person to operate a collecting centre for pigs unless the centre is a market or assembly centre approved under regulation 5 of the Animals and Animal Products (Import and Export) Regulations 1993 or it is licensed under this article.

(2) Subject to paragraph (4) below, an inspector of a local authority may issue a licence authorising the use of any premises as a collecting centre for pigs.

(3) A licence under paragraph (2) above shall specify that it applies—

(a)to pigs intended for fattening or for breeding; or

(b)to pigs intended for immediate slaughter; or

(c)to pigs intended for direct export to anywhere other than a member State,

which are accompanied by a declaration in the form set out in Schedule 2 or a licence in the form set out in Schedule 7.

(4) An inspector shall not issue a licence under paragraph (2) above unless—

(a)the conditions specified in article 13(2)(a) are met in relation to those premises;

(b)no pig will remain there for a period of more than six days; and

(c)for at least one day no pig will remain on the premises after the premises have been so used for a continuous period of six days.

Provisions as to licences, declarations etc

^F1415. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART IV MISCELLANEOUS

Offences _I9

16. Any person who, without lawful authority or excuse, proof of which shall lie on him—

(a)fails to comply with any obligation imposed on him by any provision of article 3, article 4, article 9, ^F15... paragraphs (2) and (3) of article 11, and paragraph (7) of article 15, or

(b)knowingly causes or permits the doing of anything which is a contravention of paragraph (a) above, or

(c)knowingly causes or permits the doing of anything which is declared by this Order not to be lawful, or

(d)makes any statement or gives any information for the purposes of this Order which he knows to be false in a material particular or, for those purposes, recklessly makes a statement or gives any information which is false in a material particular,

commits an offence against the Animal Health Act 1981.

Enforcement _I10

17. The provisions of this Order shall, except where otherwise provided, be executed and enforced by the local authority.

Revocations, consequential amendments and savings _I11

18. Schedule 8 shall have effect.

Forms _I12

19. Notwithstanding article 9 of the Animals (Miscellaneous Provisions) Order 1927,(6) the local authority may provide and supply printed copies of any document or form required under this Order.

Article 4

^F16SCHEDULE 1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 9

[^F17SCHEDULE 2 MOVEMENT OF PIGS FROM A FARM–FORM OF DECLARATION

Declaration relating to movement of pigs from a farm^F17]

^F18,F19 Article 9

[^F20SCHEDULE 3 MOVEMENT OF PIGS FROM A FARM FOR BREEDING, EXHIBITION, ARTIFICIAL INSEMINATION OR VETERINARY TREATMENT AND ON RETURN TO A FARM FOLLOWING EXHIBITION, ARTIFICIAL INSEMINATION OR VETERINARY TREATMENT – FORM OF DECLARATION

Declaration relating to movement of pigs from a farm for breeding, exhibition, artificial insemination or veterinary treatment and on return to a farm following exhibition, artificial insemination or veterinary treatment^F20]

^F21 Article 9

[^F22SCHEDULE 4 MOVEMENT OF PIGS ON RETURN TO FARM AFTER MOVEMENT FROM FARM FOR BREEDING PURPOSES—FORM OF DECLARATION

Declaration relating to movement of pigs on return to the farm after movement from the farm for breeding purposes^F22]

^F23 Article 10

^F24SCHEDULE 5 MOVEMENT OF PIGS FROM WASTE FOOD PREMISES—FORM OF DECLARATION

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 11

[^F25SCHEDULE 6 MOVEMENT OF PIGS FROM A COLLECTING CENTRE—FORM OF DECLARATION

Declaration relating to movement of pigs from a collecting centre^F25]

^F26,F27 Article 12

^F28SCHEDULE 7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 18

SCHEDULE 8 REVOCATIONS, CONSEQUENTIAL AMENDMENTS AND SAVINGS

1.—(1) To the extent therein provided, the Orders specified in the following Table are hereby revoked.

(2) Notwithstanding the revocation of the Movement and Sale of Pigs Order 1975 (as amended), where a licence or declaration is in force under that Order on the date when this Order comes into force, the provisions of that Order shall continue to have effect in relation to that licence or declaration.

2. The Transit of Animals (Road and Rail) Order 1975(7) is hereby amended as follows—

(a) in article 2(1) for the words “Part IV of the Diseases of Animals (Approved Disinfectants) Order 1972, as amended” there shall be substituted the words “the Diseases of Animals (Approved Disinfectants) Order 1978(8)”;

(b) in article 9 for the words “paragraphs (5) and (6) of Article 8 of the Movement and Sale of Pigs Order 1975” there shall be substituted the words “any licence or declaration issued under the Pigs (Records, Identification and Movement) Order 1995”;

(c) in article 15 paragraph (9) shall be deleted;

(d) in article 17 at the beginning of paragraph (9) there shall be added the words “Subject to paragraph (9A) below,”; and

(e) in article 17 after paragraph (9) there shall be added the following paragraph—

“(9A) Nothing in the foregoing provisions of this Article to the extent that they apply to pigs shall affect the provisions of the Pigs (Records, Identification and Movement) Order 1995 and any record required to be kept by this Article shall be in addition to any record required to be kept by that order.”.

3. The Aujeszky’s Disease Order 1983(9) is hereby amended by the substitution for article 17 of the following article—

Exemption from the Pigs (Records, Identification and Movement) Order 1995

17. Any swine moved to a slaughterhouse under the authority of a licence issued in accordance with rule 1 of article 9(1) or article 10(2)(a) shall be exempt from the following provisions of the Pigs (Records, Identification and Movement) Order 1995—

(a)article 8 (restriction on movement of pigs within 20 days of a previous movement into a herd); and

(b)article 10 (regulation of movement of pigs from premises where waste food is kept).”.

4. Notwithstanding the repeal of the Movement of Sale of Pigs Order 1975, until 31st March 1995 pigs may be moved from a farm in accordance with a licence issued under that Order: and the provisions of that Order shall have effect accordingly.

5. This Order is without prejudice to the provisions of article 3 of the Animals (Post-Import Control) Order 1993(10).^F1]