Statutory Management Requirements Failures and Actions

Find out more information about the most common failures in 2007 for the Statutory Management Requirements and what actions to take to avoid these.

• Livestock identification (SMRs 6, 7/ 8 and  8a)
• Animal welfare (SMR 18)
• Nitrate Vulnerable Zones (SMR 4)
• Restrictions on the use of plant protection products (SMR 9)
• Food and feed law (SMR 11)
• Groundwater (SMR 2)

Figures from the Rural Payments Agency for 2007 show that mistakes have been following a similar pattern from year to year. Many of them relate to poor record-keeping.

Among the major issues that are most frequently held responsible for incurring payment reductions are failure to identify stock properly, and inadequate animal welfare standards. Because of them, more than 1,000 cattle and sheep producers have had reductions made to their Single Payment.

Animal welfare measures became cross compliance requirements for the first time last year (2007). They were the last tranche of management conditions to be phased in since 2005. Unsatisfactory standards in this area include poor record-keeping, especially in relation to medicines and animal deaths. All deaths, including those of pigs and sheep, have to be recorded.

Better record-keeping must also be rigorously applied to pesticide use, livestock movements, use of medicines, soil protection and activities carried out within Nitrate Vulnerable Zones.

Most of the payment reductions imposed by the RPA were in the region of 1%, but a third of those found to be non-compliant received a payment reduction of 3% and for 50 farmers it was more than 5% of their Single Payment. Much can be done to show the inspector that you are compliant. Above all, it is worth setting aside the time to sit down, read through the requirements, determine which apply to your business, and put a system in place to deal with them as easily and quickly as possible.

Livestock identification (SMRs 6, 7/ 8 and 8a)

• Failure to report the movement of an animal
• Failure to tag or re-tag animals within 28 days
• Cattle present with no passport, or passports with no cattle
• Cattle movement details not recorded or incorrectly recorded on CTS or in farm records
• Failure to make an annual inventory (on December 1) of sheep kept on a farm
• Failure to keep records of movements of pigs on and off the holding and no annual record of maximum pigs on holding
• Sheep and/or goat records not maintained as required

Action: Keep records up to date, and make an annual inventory of the animals in the farm records. A systematic approach is easier: farmers are recommended to carry with them a notebook, or some other means of recording changes when they actually take place - if they are left until farm records are being updated, it is easy to forget. For cattle, check BCMS (CTS) on-line and fill in the herd register; Defra requires animal movement to be recorded within three days. Always apply for a passport when a calf is born, otherwise it has no value and may result in a payment reduction. Order ear-tags regularly so you do not run out. Record sheep movements and send licences off to the local authority promptly.

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Animal welfare (SMR 18)

• Medicine records not kept
• Mortality records not kept
• Sharp edges or protrusions in accommodation or fittings likely to cause injury
• Sick animals that have not been cared for properly

Action: Although it is a legal requirement, medicinal records are clearly not always being kept. The inspectors’ approach will be rigorous, so it would be advisable to keep a notebook handy, specifically for this purpose. Similarly, mortality records must be kept, even in a diary. Check accommodation regularly for hidden dangers and isolate sick animals.

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Nitrate Vulnerable Zones (SMR 4)

• Problems with the quantity of organic manure and artificial fertiliser used within designated NVZs
• The level of organic manure is over the field limit
• The level of fertiliser N used is in excess of crop requirements, with no agronomic justification

Action: Record-keeping is proving inadequate for inspectors to be able to tell how much nitrogen (N) is being used. In some cases, no records were kept at all, or N had been applied to legumes that had no fertiliser requirement. You must observe maximum farm and field limits of nitrogen applied as organic manure or slurry; nitrogen from manure deposited by grazing animals must be included in the whole farmed area N calculations, but maximum field limits of N application do not have to include this. The current high price of mineral N fertilisers should act as a stimulus to farm businesses to ensure that organic manures are used as wisely and effectively as possible.

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Restrictions on the use of plant protection products (SMR 9)

• Not complying with the principles of good plant protection practice, as explained in Defra’s Code of Practice for Using Plant Protection Products
• An approved product has been used, but not in compliance with the conditions and requirements for its approval, eg, sprayers/operators did not hold the necessary qualification/certificate of competence

Action: Anyone, including family, neighbours and relatives, who are using these products must hold a certificate of competence, a copy of which must be available for the inspector. Check that the maximum dose and applications are not exceeded.

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Food and feed law (SMR 11)

• No records, or inadequate records kept

Action: Record the use of pesticides on the farm and veterinary medicinal products given to animals.

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Groundwater (SMR 2)

• Unauthorised disposal of List 1 and List 2 substances such as waste sheep dip or pesticide washings
• Failure to comply with the conditions of a groundwater authorisation

Action: Complete and keep the necessary records showing where, what, when and how much has been disposed of. Groundwater authorisations should be obtained from the Environment Agency.

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Good Agricultural and Environmental Condition Failures and Actions

Keeping land in good agricultural and environmental condition caused problems for another group of farmers especially in relation to the following:

• Soil management and protection (GAEC 1)
• Hedgerow management and watercourses (GAEC 14)
• Public rights of way (GAEC 8)
• Control of weeds (GAEC 11)

Soil management and protection (GAEC 1)

• Problems in carrying out a soil protection review (SPR)
• Failure to identify the broad soil types on the farm
• Failure to include measures aimed at addressing any soil management issues

Action: Draw up and implement an effective SPR.

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Hedgerow management and watercourses (GAEC 14)

• Cultivating land within 2m of the centre of a hedgerow, ditch or watercourse, or within 1m of the top of the bank of a ditch or watercourse
• Applying spray and fertiliser within these protection strips

Action: Farmers and their employees, including harvest casuals, all need to be aware of the protection zones alongside hedgerows and watercourse banks. Ditch dredgings should be lifted over the strip and spread on the field.

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Public rights of way (GAEC 8)

• A visible right of way is obstructed, perhaps by vegetation, barbed wire or muck heaps
• The surface of a visible, cross-field footpath or bridleway has been disturbed and not re-instated within the specified time.

Action: Cross-field rights of way must be reinstated within 14 days of the first move to plough and sow the crop, and 24 hours after each such subsequent movement of the soil. The line of a footpath across a field has to be made clear using by, for example, mowing a strip through it.

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Control of weeds (GAEC 11)

• The spread of injurious or invasive weeds.

Action: Weeds such as ragwort, creeping thistle, spear thistle and docks should not be allowed to spread. Farmers must be able to show that all reasonable effort has been made to control them, including in field margins; derogation under stewardship schemes may be available to spray them.

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