Cattle that have been refused passports

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Cattle that have been refused passports Every bovine animal in the United Kingdom has a unique number, which is shown both on ear tags and in a cattle passport. By law all cattle must be registered on the Cattle Tracing System (CTS) by applying for a valid cattle passport to the British Cattle Movement Service (BCMS). An application for a cattle passport must be received by BCMS within a total of 27 days from birth (with the exception of bison). If an application for a cattle passport is declined, in the first instance you may consider appealing against the BCMS's refusal to issue the passport. Grounds for appeal are limited but you will need to show that there were exceptional circumstances that stopped you making the application on time. Cattle without passports, both male and female, cannot be moved off your holding alive except under licence and only to an approved sampling site. The cattle, if under 48 months old, can be shot on the farm and removed under licence to a knacker's yard, hunt kennel, rendering or incinerator plant. If over 48 months (and over 24 months in certain circumstances) they will need to be tested for BSE. This applies to both male and female animals. In the guide Cattle identification Applying for cattle passports What can I do with cattle that do not have passports? Penalties Cattle identification The Cattle Identification Regulations 2007 require that every bovine animal in the United Kingdom (as elsewhere in the European Union) has a unique number, shown both on an ear tag in each ear and on a paper cattle passport, which is held by the current keeper of the animal (this system covers both cattle and other bovine animals such as water buffalo and bison). AH13 06/14 1

The unique number and passport remain with the animal throughout its life and any movements of cattle are recorded both on the paper passport and electronically on a national system administered by the British Cattle Movement Service (BCMS) (http://rpa.defra.gov.uk/rpa/index.nsf/vdocview/e50b93e88eaadbaf8 0256F72003DDB5F?OpenDocument). Such a system is important because it: supports the control and eradication of bovine diseases - for example, tuberculosis (TB) and foot-and-mouth disease (FMD) protects consumers by ensuring that products going into the human food chain are as fully traceable and as safe to eat as possible Applying for cattle passports Applications for cattle passports must be made to the BCMS. Applications for passports can be made to BCMS in Workington in five ways: through CTS Online (http://rpa.defra.gov.uk/rpa/index.nsf/uimenu/32e69607a7e6809 B80256FE30034D211?Opendocument) CTS Web Services from some farm software packages using an agent (http://rpa.defra.gov.uk/rpa/index.nsf/uimenu/768d307f16bcbf9 D8025705B005971BF?Opendocument) using the pre-printed application form sent automatically when an order for ear tags is confirmed (if you regularly register your cattle births electronically, BCMS have stopped automatically issuing pre-printed passport applications forms with your ear-tag orders) Self Service Line (SSL) - the BCMS automated telephone system (http://rpa.defra.gov.uk/rpa/index.nsf/vcontentbytaxonomy/bcm S**CTS%20Self%20Service%20Line**?OpenDocument) All applications for cattle passports must be made to the BCMS within seven days of tagging (a maximum of 27 days in total from date of birth). Keepers of cattle must ensure that passport applications are made within the time limits allowed and ensure that movement records, both in the passport and in registers, are kept up to date. Passport applications may be refused by BCMS if you apply late. If so, the animal(s) will be registered on the CTS and you will receive a notice of registration (CPP35) - this is not a cattle passport. The 2

animal(s) will not be eligible for slaughter for human consumption and cannot be sold or moved from the holding except under a premovement licence to a hunt kennel or knacker's yard. It is an offence under the Cattle Identification Regulations 2007 not to register cattle within the legal time limits, (in other words, not to apply for a passport). What can I do with cattle that do not have passports? In the first instance you may consider appealing against BCMS's refusal to issue passports. Grounds for appeal are limited but you will need to provide evidence to show that there were exceptional circumstances that stopped you making the application on time, for example: postal delays - this is a common reason for appeal but BCMS will require independent evidence, such as a certificate of posting (you are advised to ask for a certificate of posting for any paper applications) those outside your control ('acts of God') such as: major floods, regional or national power failures, or postal strikes personal circumstances including a death in the family, a sudden serious illness, and theft of or damage to your farm records or computer mistakes made by BCMS or a breakdown of CTS The following are not grounds for appeal: a mistake, oversight or misunderstanding by you or anyone acting for you being too busy with other farm work financial difficulties Send your appeal in writing to: Appeals Section, BCMS, Curwen Road, Workington, Cumbria, CA14 2DD It is imperative that if you are going to appeal, you do so immediately. BCMS may issue a cattle passport outside the specified time but only if it is satisfied about the animal's identity and that all the information in the application is accurate. 3

This can be based on a DNA test, which proves that the animal or the offspring of the dam shows in the application. Further information on appeals of DNA testing can be obtained from the BCMS telephone helpline: 0845 0501234 or refer to the cattle keeper's handbook (http://rpa.defra.gov.uk/rpa/index.nsf/vcontentbytaxonomy/bcms**pub lications%20and%20guidance**cattle%20keeper's%20handbook**?o pendocument). Cattle, both male and female, without passports cannot be moved off your holding alive. The cattle (if under 48 months old) can be shot on the farm and removed under pre-movement licence to a knacker's yard, hunt kennel, rendering or incinerator plant in accordance with animal by-products legislation. All fallen cattle that die or are slaughtered on farm or in transit (other than for human consumption) must be tested for BSE if they are: over 48 months of age over 24 months of age and born outside Austria, Belgium, Cyprus, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Slovenia, Spain, Sweden and the UK Cattle keepers must contact a collector within 24 hours of death to arrange delivery to an approved sampling site. If delivering the carcases themselves, they should contact an approved sampling site to agree to this within 24 hours and must deliver the carcase within a further 48 hours, contact your normal collector or the National Fallen Stock Company (NFSCo) on 0845 054 8888 (http://www.nfsco.co.uk/). Female cattle can be used as milking or suckler cows and their calves are eligible for passports. Cows used in this way at the end of their commercial life will have no value and will have to be put down on-farm and dealt with as mentioned above. Male cattle (except for a bull kept for breeding purposes) have no value and should be shot and disposed of as outlined above as soon as possible to avoid the cost of keeping them and the subsequent disposal cost. In financial terms the sooner the cattle are slaughtered the lower the cost that will be incurred by you. It is in your interest to have these animals slaughtered without delay. 4

Cattle without passports can be slaughtered on the farm for your own consumption. Please see our advice leaflet 'The slaughter of cattle for private consumption by the owner' (http://www.derbyshire.gov.uk/images/ah09_tcm44-8079.pdf). You may be required by Defra or local authority inspectors to account for all the cattle on your holding that have been refused passports. Penalties If you move a live animal that does not have a cattle passport off your holding, without a licence, it is a criminal offence. The maximum penalty on conviction in a Magistrate's Court is a fine of 5,000 and/or three months' imprisonment. The maximum penalty on conviction in the Crown Court is a 5,000 fine and two years' imprisonment. Relevant legislation Cattle Identification Regulations 2007 (http://www.legislation.gov.uk/uksi/2007/529/contents/made) Transmissible Spongiform Encephalopathies (England) Regulations 2010 (http://www.legislation.gov.uk/uksi/2010/801/contents/made) Animal By-Products (Enforcement) (England) Regulations 2013 (http://www.legislation.gov.uk/uksi/2013/2952/schedule/2/made) Where can I get further help? This leaflet is not an authoritative document on the law and is only intended for guidance. For further details or clarification contact Derbyshire Trading Standards at: Chatsworth Hall Chesterfield Road Matlock Derbyshire DE4 3FW Telephone: Businesses: Call Derbyshire 01629 533190 Consumers: Citizens Advice consumer helpline 03454 040506 Fax: 01629 536197 Website: www.derbyshire.gov.uk/tradingstandards 5

We want everyone to be able to understand us. On request, we will arrange: Language interpreters, including for sign language Translation of written materials into other languages Materials in large print, on tape or in Braille. Trading Standards Institute To ensure that you are looking at the most up-to-date version of this leaflet, please visit our website at http://www.derbyshire.gov.uk/images/ah13_tcm44-8067.pdf or telephone us on 01629 536166. 6