Law for the Identification and Registration of Animals

Law for the Identification and Registration of Animals

I GENERAL PROVISIONS

Article 1

This Law regulates the identification and registration of farm animals and other animals.

Article 2

All holdings where animals are held or kept shall be registered.
Farm animals that are kept on holdings or farms as well as other animals shall be identified.

Article 3

The identification of farm and other animals is carried out for improving the control of animal health, eradication and elimination of animal diseases, for improving the control of trade of farm and other animals, for labelling of beef and meat of other animals to enable the traceability of the food chain, control of export and import, monitoring of residues and animal welfare.

Article 4

Certain terms used in this Law have the following meaning:
Animal shall mean any farm animal or other animal.
Farm animal shall mean all animals of the bovine species including the species buffalo (Bubalus bubalis) and bison (Bison bison), ovine, caprine, porcine and equidae species.
Other animals shall mean animals that are not defined in indent (2) of this Article (pets, poultry, bees and animals kept in zoos).
Keeper shall mean the owner or any legal or natural person authorised by the owner and responsible for animals, whether on a permanent or on a temporary basis.
Holding shall mean any establishment, construction, open or closed space, where animals are held, kept or handled, including livestock markets, fairs, exhibitions, slaughterhouses, quarantines, pastures and mountain pastures.
Computerised database shall mean information referred to in Article 16 of this Law.
Central Register of holdings shall mean a register containing all information concerning holdings regarding farm and other animals.
Holding Register shall mean a special register for each holding that contains all information concerning the holding and animals that are held or kept on the holding.
Movement Documents shall mean: a passport and temporary passport and movement forms for ovine and caprine animals, required for the movement of farm animals from holdings.
Animal Movement shall mean every departure and arrival from a holding.


II IDENTIFICATION AND REGISTRATION OF FARM AND OTHER ANIMALS AND HOLDINGS
Article 5
The keeper shall allow the identification of animals and registration of the holding.
The keeper shall notify the establishment of a new holding to the competent authority within 30 days.
The identity of animals shall be determined by ear tags and movement documents.
Ear tags shall not be removed or replaced without the permission of the authority in charge of veterinary affairs (Veterinary Directorate - hereinafter referred to as competent authority).
Veterinary ambulances shall carry out activities of public interest according to relevant legislation and therefore perform the identification and registration of animals and registration of holdings.
The competent authority carries out the procurement of ear tags according to relevant legislation, as well as the distribution of ear tags to veterinary ambulances.

Identification and Registration of Bovine Animals

Article 6

Each bovine animal shall be identified with identical, double ear tags applied to both ears.
The ear tags shall bear the same unique identification code which makes it possible to identify each bovine animal individually, as well as the holding on which it was born.
Newborn animals shall be identified not later than 4 months from the birth of the animal and in any case before the animal leaves the holding of birth.
Animals younger than four months, slaughtered on the holding and intended for home consumption do not have to be identified with ear tags.
Any animal imported originating from an EU member-state shall retain its original ear tags and be recorded in the holding register and computerised database within 20 days following the checks at veterinary border inspection and in any event before leaving the first holding of in the Republic of Montenegro (hereinafter referred to as Republic).
Imported bovine animals from a third country shall be identified with new ear tags within 20 days following the checks of the veterinary border inspection and in any event before leaving the first holding of unloading in the Republic. The identities of these animals shall be recorded in the holding register and the computerised database, where in addition to the new identification number, the original number of ear tags from the country of origin shall be entered as well.
Imported animals of the bovine species shall not be identified with ear tags if they are directly transported from the veterinary checks at border inspection to a slaughterhouse and are slaughtered within 20 days of arrival.
If the ear tags have been lost or severely damaged or are illegible, the keeper shall report this to the competent authority within a time period of seven days after noticing the event in order for the competent authority to issue a replacement ear tag.
The replacement ear tag shall bear the same code of the ear tag that is being replaced and it shall bear a mark with the version number of the replacement.
The competent authority shall issue a replacement ear tag within 30 days of notification as referred to in paragraph 8 of this Article, if it is possible to prove that the ear tag belonged to that particular animal.
Proof of costs being paid shall be submitted with the request referred to in paragraph 8.
The Ministry in charge of veterinary affairs (hereinafter referred to as Ministry) shall lay down the format, content and material for the production of ear tags, as well as the manner of their application.

Holding Register for Bovine Animals

Article 7

Each keeper of bovine animals shall keep an up-to-date holding register.
The register referred to in paragraph 1 shall contain: information concerning the holding, the keeper and the bovine animals.
The keeper shall report to the competent authority all movements to and from the holding, as well as all births, deaths, slaughter, marketing, along with the dates of these events to enable these events to be recorded within seven days of their occurrence in the computerised database.
The keeper shall record all events referred to in paragraph 3 of this Article into the holding register within 3 days of their occurrence.
Information in the holding register shall be kept at least 3 years from the date the last animal left the holding.
If a farm animal is sent to mountain pastures, during the period from 1st May to 15th October, the keeper shall fill out a movement form (movement to pasture), that is approved by the veterinary ambulance. The keeper shall submit a copy of the approved movement form (movement to pasture) to the legal or natural person managing the pasture.
Legal or natural persons managing the mountain pastures shall keep a list of animals present on the mountain pasture. The list shall be approved by the veterinary inspector. The legal or natural person managing the mountain pastures shall submit to the competent authority information contained in the list, as well as every event occurring in the period while the animal is present on the pasture, within seven days from the date when the animals are moved to the pasture or when the event occurs.
The Ministry shall lay down the format, content and the manner of keeping the register, movement reports and lists referred to in paragraph 1, 6 and 7 of this Article.
Movement Documents
Cattle Passport

Article 8

For each bovine animal which must be identified, the competent authority shall issue a cattle passport within 14 days of the notification of its identification or, in the case of an imported bovine animal, within 14 days of the notification of its identification on the first holding of unloading in the Republic.
The competent authority shall issue a new cattle passport for imported animals from EU member states within 14 days from the registration date referred to in Article 6 paragraph 5. The original cattle passport accompanying the animal shall be returned to the issuing country.
The keeper shall approve the issued cattle passport referred to in paragraphs 1 and 2 of this Article with his/her signature.
Whenever moved from the holding, the cattle passport referred to in paragraphs 1 and 2 shall accompany bovine animals.
The keeper shall approve the cattle passport with his/her signature and enter his/her personal information and information concerning the holding in it, for newly obtained bovine animals.
In the case of death of an animal, the keeper shall return the cattle passport to the competent authority within 7 days from the death of the animal.
If the animal is sent to the slaughterhouse, the slaughterhouse shall return the cattle passport to the competent authority within the time period referred to in paragraph 6 of this Article.
In the case of export of bovine animals, the cattle passport shall accompany the animal.
In the case of a lost, damaged, illegible, destroyed or stolen cattle passport, a keeper of a bovine animal shall request the issuing of a duplicate cattle passport within 7 days of loss or damaging the passport.
Proof of payment shall be submitted with the request referred to in paragraph 9.
The competent authority shall issue a duplicate passport within 7 days from receiving the request. The duplicate passport shall contain identical information as the original passport and the version number of the duplicate.
Damaged and illegible cattle passports shall be returned to the competent authority, for replacement.
The Ministry shall lay down the format and the manner of issuing the cattle passport.

Temporary passport

Article 9

If a calf under 4 months of age is moved from one holding to another, and if the cattle passport has not yet been issued, the veterinary ambulance shall issue a temporary passport.
The keeper shall return the temporary passport to the competent authority when the animal is 4 months old, or within seven days, if the animal dies or is slaughtered.
Within 14 days from receiving the temporary passport the competent authority shall issue a passport containing all information from the temporary passport.
The temporary passport may be used for only two movements between holdings.
For the purpose of this Law, a movement between two holdings through a livestock market shall be considered as one movement.
The legal or natural person managing the livestock market shall keep a full record of movements of bovine animals accompanied by a temporary passport.
The Ministry shall lay down the format and content of a temporary passport and the manner of issuing and record keeping referred to in paragraph 6.

IDENTIFICATION OF OVINE AND CAPRINE ANIMALS INTENDED FOR BREEDING

Article 10

Ovine and caprine animals for breeding shall be identified by identical, double ear tags on both ears, applied through the auricle, within 6 months of birth or before leaving the holding.
By way of derogation from paragraph 1, ovine and caprine animals kept in extensive range farming may be identified 12 months from birth.
Any imported ovine and caprine animal shall be identified on the first holding of unloading in the Republic within 14 days of the veterinary checks at border inspection or before leaving the holding.
Any animal imported from an EU member-state shall retain its original ear tags and be recorded in the holding register and computerised database.
Any animal imported from a third country shall be identified with a new ear tag and recorded in the holding register and computerised database, which shall, besides the new identification number, contain the number of the ear tag from its country of origin.
In the case of losing an ear tag or if the ear tag is damaged or is illegible, the keeper shall report to the competent authority within 7 days from noticing the event and request the issuing of new ear tags.
If the competent authority determines that the ear tag belonged to the said animal, it shall issue a new ear tag with a new identification number within 30 days from the day it received the request referred to in paragraph 6.
Proof of payment shall be submitted with the request referred to in paragraph 6.


IDENTIFICATION OF OVINE AND CAPRINE ANIMALS INTENDED FOR SLAUGHTER

Article 11

Ovine and caprine animals younger than 12 months intended for slaughtering shall be identified by an ear tag applied to one ear.
Ovine and caprine animals referred to in paragraph 1 of this Article shall be identified by applying ear tags to one ear with the identification number of the holding.
Imported ovine and caprine animals intended for slaughtering that are transported directly from the veterinary checks at border inspection to a slaughterhouse shall not be identified.
The Ministry shall lay down the format, content and the material for the production of ear tags referred to in Article 10 and 11 of this Law, as well as the manner of application.

Holding Register for Ovine and Caprine Animals

Article 12

The keeper of ovine and caprine animals shall keep an up-to-date holding register of ovine and caprine animals and make a census form annually and to submit this census form to the competent authority.
The register referred to in paragraph 1 of this Article shall contain: all information concerning the holding, the keeper and ovine and caprine animals on the holding.
The keeper shall record all information concerning the origin, identification and, destination of animals (marketing, procurement, transport, slaughter), as well as information concerning inspection controls..
The keeper shall record all events referred to in paragraph 3 of this Article in the holding register within 3 days from when the event occurred and report to the competent authority any modification of information from the information recorded in the register within 7 days from when the event occurred to allow their recording into the computerised database.
The keeper of ovine and caprine animals, (except transporters) shall submit to the competent authority any modifications of information concerning the keeper and holding within 30 days from when the event occurred to allow their recording into the computerised database.
Information from the register shall be kept for 3 years from when the last animal left the holding.
If ovine and caprine animals are sent to mountain pastures during the period from 1st May to 15th October, the keeper shall fill out a movement form that shall be approved by the veterinary ambulance. The keeper shall submit a copy of the movement form to the legal or natural person managing the pasture.
Legal or natural persons managing the mountain pastures shall keep a list of animals on the mountain pasture approved by the veterinary inspector. Legal or natural persons managing the mountain pastures shall submit to the competent authority information contained in the list and any modification of information within 7 days from the date when the animals are moved to the pasture or when the event occurs.
The Ministry shall lay down the format, content and the manner of keeping the register, movement reports and lists referred to in paragraph 7 and 8 of this Article.

Movement Forms

Article 13

Whenever an ovine or caprine animal is moved, it shall be accompanied by a movement form filled in and approved by the keeper.
The Ministry shall lay down the format and content of the movement form.

Identification and Registration of Equidae, Porcine and Other Animals

Article 14

The identification and registration of equidae (horses, donkeys, hinnies and mules), porcine and other animals shall be carried out in accordance with legislation laid down by the Ministry.

Central Register of Holdings

Article 15

The competent authority shall establish and keep a Central Register of holdings.
The Central Register of holdings shall contain:
- the identification code of the holding,
- geographical coordinates or adequate indicators of the geographic location of the holding
- the animal species as well as the number of animals kept on the holding,
- the information concerning the keeper and
- the type of production.
The registration of holdings shall be carried out by entering them into the Central Register.
The information in the Central Register shall be kept for each holding for 3 years from when the last animal left the holding.
The Ministry shall lay down the format, content and manner of keeping the Central Register of holdings.

Computerised Database

Article 16

The competent authority shall set up and maintain a computerised database.
The computerised database contains information referred to in Articles 7, 12 and 15 of this Law.
The Ministry shall lay down the content of the computerised database.

Data Protection

Article 17

The information on the keepers of animals (personal data) and animal holdings kept in the Central Register are strictly confidential and shall be protected in accordance with the provisions of the relevant legislation.
By derogation of paragraph 1 of this Article, the information may be used, upon request from the competent authority for veterinary and zootechnical studies.
The information referred to in paragraph 1 of this Article may be used for labelling meat and meat products.

Obligations of Veterinary Ambulances

Article 18

The veterinary ambulance shall hand out a census form for the registration of holdings and a certificate of the identification of farm and other animals.
The census form referred to in paragraph 1 of this Article shall be issued in 3 identical copies, one for the keeper, one for the veterinary ambulance and one that shall be submitted to the competent authority, for recording information into the Central Register within 5 days from the date of identifying the animals and registration of holdings.
The veterinary ambulances referred to in paragraph 1 of this Article shall submit to the competent authority information concerning the birth, death, slaughter, marketing, movement of farm and other animals, as well as information on the ownership and registration changes of new holdings within 3 days from the detection of changes.
The veterinary ambulance referred to in paragraph 1 of this Article shall keep the allocated ear tags and keep records of the allocated and applied ear tags and issued temporary passports.
The Ministry shall lay down the format of the census form and certificate from paragraph 1 of this article and the manner and content of the records referred to in paragraph 4 of this Article.
The keeper shall submit to the competent authority through the veterinary ambulance the information concerning the events on holdings and requests referred to in Articles 5, 6, 7, 8, 10 and 12 of this Law.

Financing the Identification and Registration of Animals

Article 19

The identification and registration of farm and other animals shall be financed entirely through donations and the budget of the Republic until December 31st 2011.
- from January 2012 - the keeper shall cover 25 % of costs for identification
- from January 2013 - the keeper shall cover 50 % of costs for identification
- from January 2014 - the full cost shall be covered by keepers.
The replacement of ear tags and passport duplicates shall be covered by keepers.

Annual Report

Article 20

The competent authority shall prepare for the previous year, not later than April 30th of the current year, an annual report on identification and registration containing, inter alia, the number of holdings, animals, inspection controls and imposed measures and penalties.
The report referred to in paragraph 1 of this Article shall contain information on the performed inspection controls of at least 10 % of the holdings in accordance with risk analysis.


III. INSPECTION CONTROL

Article 21

The competent authority shall, through Republic veterinary inspectors, perform inspection control activities of identification and registration, in accordance with relevant legislation.

Inspectors Rights

Article 22

In addition to rights determined in the Law on Inspection Control, veterinary inspectors have the right to:
- check the Holding Registers;
- check animals;
- check movement documents of animals present on holdings;
- check the submission of information to the competent authority;
- determine the modifications in comparison to previous years;
- check allocated and applied ear tags.

Article 23

In addition to management measures and activities determined in the Law on Inspection Control, veterinary inspectors have the right to, and shall perform, the following measures and activities:
restrict movement of all animals to and from a holding if one or more animals are not identified, do not possess movement documents or a holding register is not kept in accordance with relevant legislation;
order slaughter and safe disposal of animals at the keepers expense, if the keeper cannot prove the identity of an animal within 2 working days;
temporarily restrict movement of animals that are not recorded in the holding register and are not identified or do not possess movement documents, until irregularities are removed;
temporarily restrict the movement of all animals in the case when 20 % of the animals on the holding are not recorded in the holding register or are not identified or do not possess movement documents. Impose the same measures mentioned above for holdings with 10 or less animals, if 2 or more animals are not recorded in the holding register or are not identified or do not possess movement documents;
temporarily restrict the movement of animals to and from a holding, if the keeper does not inform the competent authority of the movement of animals to and from the holding within the time period defined in Articles 7 and 12 of this Law.

IV. PENALTY PROVISIONS

Article 24
A legal person shall be fined 200 to 300 times the minimum labour wage in the Republic, if:
it does not allow the registration and identification of animals on the holding and does not register the holding and animals on the holding (Art. 5 par. 1 & 2);
it does not keep a holding register (Art. 7 par. 1 and Art. 12 par.1);;
it fails to inform the veterinary ambulance of animal movement to and from the holding and does not record events (Art. 7 par. 3 and 6 and Art. 12 par. 7);
it fails to make a list of animals on mountain pastures and fails to submit relevant information to the competent authority (Art. 7 par. 7 and Art. 12 par. 8);
it fails to return the passport (Art. 8 par. 6 and 7 and Art. 9 par. 2);
it uses the temporary passport contrary to Art. 9 par. 4 of this Law;
it acts contrary to Art. 5 par. 4; Art. 6 par. 8;; Art. 10 par. 6;
it fails to act in accordance with Art. 8 par. 9;
it fails to enter changes in the holding register and fails to submit information concerning changes (Art. 12 par. 4 & 5)
movement documents do not accompany animals during movement (Art. 8 par. 4 and Art. 13 par. 1)
For the infringement referred to in paragraph 1 of this Article, a natural person and the person responsible for the legal person, shall be fined up to 15 times the amount of the minimum labour wage in the Republic.
For infringements referred to in paragraph 1 of this Article, in addition to a fine, a measure prohibiting practice of identification and registration activities may be imposed upon the legal person, for a period of 6 months.
For infringements referred to in paragraph 1 of this Article, in addition to a fine, a measure prohibiting the practice of identification and registration activities may be imposed upon the responsible person for the legal person, for a period of 6 months.

Article 25

A legal person shall be fined 200 to 300 times the minimum labour wage in the Republic, if:
it fails to identify and register animals and register holdings in accordance with relevant legislation (Art. 5 par. 5);
it fails to approve the movement form (Art. 7 par. 6);
it fails to issue a temporary passport (Art. 9 par. 1);
it fails to maintain records and keep ear tags (Art. 9 par. 6 and Art. 18 par. 4)
it fails to issue a certificate and census form (Art. 18 par. 1 and 2);
it fails to submit relevant information (Art. 18 par. 3).
For the infringement referred to in paragraph 1 of this Article the responsible person for the legal person shall also be fined 10 to 20 times the minimum labour wage in the Republic.
For infringements referred to in paragraph 1 of this Article, in addition to the fine, a measure prohibiting the practice of identification and registration activities may be imposed upon the legal person, for a period of 6 months.
For infringements referred to in paragraph 1 of this Article, in addition to the fine, a measure prohibiting the practice of identification and registration activities may be imposed upon the responsible person in the legal person for a period of 6 months.

V. TRANSITIONAL AND FINAL PROVISIONS

Article 26

Provisions for enforcing this Law shall be adopted within 6 months from the date this Law enters into force.

Article 27

Identification of animals of the ovine, caprine, porcine, equidae and other species shall start from January 1st 2009.

Article 28

The provisions in paragraph 6 of Article 21, in the part referring to identification of animals, and paragraph 5 of Article 100 of the Veterinary Law (Official Journal RM, No. 11/04) shall be repealed the day this Law enters into force.

Article 29

This Law shall enter into force on the 8th day following that of its publication in the Official Journal of the Republic of Montenegro.