Statutory Instrument 1987 No. 1436

The Food Protection (Emergency Prohibitions) (Wales) (No.2) Order 1987

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© Crown Copyright 1987

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Order made by the Secretary of State, laid before Parliament under section 1(8) of the Food and Environment Protection Act 1985, for approval by resolution of each House of Parliament within twenty-eight days beginning with the day on which the Order was made, subject to extension for periods of dissolution, prorogation or adjournment for more than four days.

1987 No. 1436

PUBLIC HEALTH, ENGLAND AND WALES

PUBLIC HEALTH, SCOTLAND

PUBLIC HEALTH, NORTHERN IRELAND
CONTAMINATION OF FOOD

The Food Protection (Emergency Prohibitions) (Wales) (No.2) Order 1987

Whereas the Secretary of State is of the opinion, as mentioned in section 1(1)(a) of the Food and Environment Protection Act 1985^[1] , that there has been or may have been an escape of substances of such descriptions and in such quantities and such circumstances as are likely to create a hazard to human health through human consumption of food;

And whereas the Secretary of State is of the opinion, as mentioned in section 1(1)(b) of the said Act, that in consequence of the said escape of substances food which is or may be in the future in the areas described in the Schedule to the following Order, or which is derived or may be in the future derived from anything in those areas, is, or may be, or may become, unsuitable for human consumption:

Now, therefore, the Secretary of State, in exercise of the powers conferred on him by the said section 1(1) and (2) and section 24(1) and (3) of the said Act, and of all other powers enabling him in that behalf, hereby makes the following Order:—

Title, commencement and interpretation
    1.—(1)  This Order may be cited as the Food Protection (Emergency Prohibitions) (Wales) (No.2) Order 1987 and shall come into force on 11th August 1987.

    (2)  In this Order—
 (a) "the Act" means the Food and Environment Protection Act 1985,
 (b) "designated area" means an area described in the Schedule to this Order,
 (c) "sheep" means an animal of the genus Ovis of whatever age or sex.

Designated incident
    2.    In the opinion of the Secretary of State, food in the areas described in the Schedule to this Order, or which is derived or may be in the future derived from anything in those areas, is, or may be, or may become unsuitable for human consumption in consequence of the following escape of substances:—

the escape on or after 26th April 1986 of radioactive substances from a nuclear powered reactor situated at Chernobyl in the Ukraine, USSR.

Designated areas
    3.    The areas described in the Schedule to this Order are hereby designated for the purposes of Part I of the Act.

Activities prohibited in the designated areas
    4.—(1)  Subject to paragraph (2) below, no person shall in a designated area slaughter any sheep for human consumption or for use in the preparation of feeding stuffs.

    (2)  Paragraph (1) above shall not apply in the case of any sheep which—
 (a) was moved from any place in accordance with a consent given under section 2(1) of the Act which consent was subject to the condition that the sheep to which it applies should be marked with a red mark; and
 (b) has been examined and marked by an ear-tag by a person authorised in that behalf by one of the Ministers^[2] .

Restrictions on movement
    5.—(1)  No person shall move any sheep from a farm, holding or agricultural premises situated in a designated area.

    (2)  Subject to paragraph (3) below, no person shall move into a designated area any sheep which has been removed from a designated area or from an area which is from time to time designated by an order other than this Order under section 1 of the Act which refers to the escape of substances described in article 2 of this Order.

    (3)  Paragraph (2) above shall not apply in the case of any sheep which was moved from any place in accordance with a consent given under section 2(1) of the Act which was subject to the condition that the sheep to which it applies should be marked with a red mark.

Restrictions throughout the United Kingdom
    6.—(1)  Subject to paragraph (2) below, no person shall, in the United Kingdom—
 (a) slaughter for human consumption or for use in the preparation of feeding stuffs any sheep that was—
 (i) in any of the areas numbered 1, 2 and 3 of the designated areas detailed in the Schedule to this Order at any time after 11 a.m. on 20th June 1986; or
 (ii) in the area numbered 4 of the designated areas detailed in the said Schedule at any time after 9th July 1987; or
 (iii) in any of the areas numbered 5, 6, 7 and 8 of the designated areas detailed in the said Schedule at any time after 10th August 1987, or
 (b) supply, or have in possession for supply, any meat derived from a sheep, or any food which contains any such meat, if that sheep was—
 (i) in any of the areas numbered 1, 2 and 3 of the designated areas detailed in the Schedule to this Order at any time after 11 a.m. on 20th June 1986; or
 (ii) in the area numbered 4 of the designated areas detailed in the said Schedule at any time after 9th July 1987; or
 (iii) in any of the areas numbered 5, 6, 7 and 8 of the designated areas detailed in the said Schedule at any time after 10th August 1987.

    (2)  Paragraph (1) above shall not apply in the case of—
 (a) any sheep which was moved to a market in accordance with a consent given under section 2(1) of the Act which consent did not require that the sheep to which it applies should be marked in a manner specified therein;
 (b) any sheep which was moved from any place in accordance with a consent given under the said section 2(1) which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark; or
 (c) any sheep which—
 (i) was moved from any place in accordance with a consent given under the said section 2(1) which consent was subject to the condition that the sheep to which it applies should be marked with a red mark or with an apricot mark; and
 (ii) has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers.

Revocation
    7.    The Food Protection (Emergency Prohibitions) (Wales) Order 1987^[3] is hereby revoked.

Wyn Roberts

Minister of State, Welsh Office

8th August 1987

[1] 1985 c. 48. back

[2] The definition of "the Ministers" is in section 24(1) of the Food and Environment Protection Act 1985. back

[3] S.I. 1987/1181. back

Explanatory Note