Statutory Instrument 1989 No. 3

The Food Protection (Emergency Prohibitions) Order 1989

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© Crown Copyright 1989

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1989 No. 3

PUBLIC HEALTH, ENGLAND AND WALES

PUBLIC HEALTH, SCOTLAND

PUBLIC HEALTH, NORTHERN IRELAND
CONTAMINATION OF FOOD

The Food Protection (Emergency Prohibitions) Order 1989

Approved by both Houses of Parliament

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 he 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, 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, in exercise of the powers conferred on him by sections 1(1) and (2), and 24(1) and (3) of the said Act(^[2]), and of all other powers enabling him in that behalf, he hereby makes the following Order:

Title, commencement and interpretation

    1.—(1)  This Order may be cited as the Food Protection (Emergency Prohibitions) Order 1989 and shall come into force on 9th January 1989.

    (2)  In this Order—
 (a) "designated area" means one of the areas described in the Schedule to this Order;
 (b) "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 from anything in those areas, is or may be 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 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 Food and Environment Protection Act 1985.

Activities prohibited in the designated areas
    4.—(1)  No person shall in any of the designated areas 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 Food and Environment Protection Act 1985 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 with an ear-tag by a person authorised in that behalf by one of the Ministers.

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

    (2)  Paragraph (1) above shall not apply in the case of—
 (a) any sheep which was moved from any place in accordance with a consent given under section 2(1) of the said Act which consent did not require that the sheep to which it applies should be marked;
 (b) any sheep which was moved from any place in accordance with a consent given under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a red mark;
 (c) any sheep which was moved from any place in accordance with a consent given on or before 10th January 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark;
 (d) any sheep which was moved from any place in accordance with a consent given on or before 31st July 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark;
 (e) any sheep which was moved from any place in accordance with a consent given on or before 2nd October 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a green mark;
 (f) any sheep which was moved from any place in accordance with a consent given on or after 3rd October 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark;
 (g) any sheep which was moved from any place in accordance with a consent given on or after 9th January 1989 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark.

    (3)  No person shall move into the designated areas any sheep which has been removed from those areas or from any area which is from time to time designated by an Order under section 1 of the said Act which refers to the escape of substances described in article 2 of this Order, except any sheep which was moved from any place in accordance with a consent given under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a red mark or which consent did not require that the sheep to which it applies should be marked.

Restrictions throughout the United Kingdom
    6.—(1)  No person shall in the United Kingdom—
 (a) slaughter for human consumption or for use in the preparation of feeding stuffs any sheep which was in a designated area described in Part 1 of the Schedule to this Order at any time after 8th July 1987 or in a designated area described in Part II of that Schedule at any time after 12th 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 in a designated area described in Part I of the Schedule to this Order at any time after 8th July 1987 or in a designated area described in Part II of that Schedule at any time after 12th August 1987.

    (2)  Paragraph (1) above shall not apply in the case of—
 (a) any sheep which was moved from any place in accordance with a consent given under section 2(1) of the said Act which consent did not require that the sheep to which it applies should be marked;
 (b) any sheep which was moved from any place in accordance with a consent given on or before 10th January 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark;
 (c) any sheep which was moved from any place in accordance with a consent given on or before 31st July 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark;
 (d) any sheep which was moved from any place in accordance with a consent given on or before 2nd October 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a green mark;
 (e) any sheep which—
 (i) was moved from any place in accordance with a consent given under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a red mark, or
 (ii) was moved from any place in accordance with a consent given on or after 3rd October 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark;
 (iii) was moved from any place in accordance with a consent given on or after 9th January 1989 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark.and which in any case 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) Order 1988(^[3]) is hereby revoked.

N E Sharp

Assistant Secretary, Scottish Office
St Andrew's House, Edinburgh

5th January 1989

[1] 1985 c. 48 back

[2] Section 24(1) contains a definition of "the Ministers" relevant to the exercise of the statutory powers under which this Order is made. back

[3] S.I. 1988/11, amended by S.I. 1988/964, 1353, 1675 and 1881. back

Explanatory Note