Trading Standards officers in England will be asking for details of a Scottish case in which a farmer accused of sending cattle for slaughter without two ear-tags each was found not guilty.
He won his case in Peterhead Sheriff's Court, Aberdeenshire after arguing that inspectors could not prove the missing tags were not lost in transit.
The case has been publicised by the National Beef Association, which assisted James Fowlie, 58, of
St Fergus, near Peterhead, in preparation of his case.
Mr Fergus, represented by Stephen O'Rourke of Terra Firma Chambers, Edinburgh, said all 16 animals had two ear tags when they left his farm, along with 100 more shipped to an abbatoir in Ayr on the days in question, in February and March 2007. He argued that government inspectors could not prove the missing tags had not been lost after the lorry was loaded.
Sheriff Malcolm Garden dismissed four charges of breaches of the Cattle Identification Regulations.
NBA director Kim Haywood said they had got involved because it was disproportionate to take a farmer to court over a rule designed to ensure that animals could always be identified – and they all could be in this case.
The result was "a victory for common sense".
In Scotland and England, the Meat Hygiene Service reports lapses in delivery for slaughter to the local trading standards offices.
The Peterhead prosecution is believed to have been the first in Scotland under tagging rules which have been in force for 10 years, but English trading standards officers have successfully brought several, according to Jeremy Adams, the lead officer on animal health and welfare for the Trading Standards Institute.
He said this week that the Scottish farmer's defence was a common one and most cases would be decided on "balance of probabilities" after hearing veterinary and other evidence.
Occasional tag losses normally provoked only warning letters, but some farmers appeared to try to avoid re-tagging on a regular basis, to save £5 a time.
He said the case would be discussed at a national committee meeting in December but on the face of it "it doesn't change anything".
However, the case highlights the difficulties which could arise in enforcement of sheep-tagging requirements, affecting many more animals.
Double-tagging of most sheep has been a requirement since the beginning of this year, but farmers are in rebellious mood over the threat to make them use expensive electronic tags from the beginning of 2010.
The procurator fiscal in Peterhead – the crown prosecutor – said an appeal was being considered.
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