Statutory Instrument 1989 No. 2109

The Food Protection (Emergency Prohibitions) (Contamination of Feeding Stuff) (Wales) (No. 3) Order 1989

---

© Crown Copyright 1989

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Food Protection (Emergency Prohibitions) (Contamination of Feeding Stuff) (Wales) (No. 3) Order 1989, ISBN 011098109X. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

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, prorogration or adjournment for more than four days.

1989 No. 2109

PUBLIC HEALTH, ENGLAND AND WALES

PUBLIC HEALTH, SCOTLAND

PUBLIC HEALTH, NORTHERN IRELAND
CONTAMINATION OF FOOD

The Food Protection (Emergency Prohibitions) (Contamination of Feeding Stuff) (Wales) (No. 3) Order 1989

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) (Contamination of Feeding Stuff) (Wales) (No. 3) Order 1989 and shall come into force on 16th November 1989.

    (2)  In this Order
 (a) "the Act" means the Food and Environment Protection Act 1985,
 (b) "designated area" means the farms, holdings and agricultural and other premises described in the Schedule to this Order,
 (c) "the Milk Marketing Board" means the Milk Marketing Board for England and Wales established under the Agricultural Marketing Act 1958^[2].

Designated incident
    2.    In the opinion of the Secretary of State, food in the areas described in the Schedule to this Order is, or may be, or may become unsuitable for human consumption in consequence of the escape of lead into imported animal feeding stuff.

Designated area
    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 area
    4.    No person shall in the designated area—
 (a) slaughter any cattle for human consumption or for use in the preparation of feeding stuff,
 (b) prepare or process for supply to purchasers or others any food derived from cattle or anything which is derived from cattle and from which food could be derived, or
 (c) feed to any creature from which food may be derived a feeding stuff which is the subject matter of the incident designated by article 2 of this Order or which is derived from cattle that were in the designated area on or after 8th November 1989.

Restrictions on movement
    5.    Subject to article 7 of this Order, no person shall move any milk or milk product derived from any cattle or any cattle from which milk may be derived, or cattle from which meat or any other food for human consumption may be derived, from any farm, holding, agricultural or other premises described in the Schedule to this Order.

Restrictions throughout the United Kingdom
    6.    No person shall, in the United Kingdom—
 (a) slaughter for human consumption or for use in the preparation of feeding stuff any cattle that were in the designated area after the coming into force of this Order,
 (b) supply, or, subject to article 7 of this Order, have in possession for supply, any milk, milk product, meat or other food, derived from cattle that were in the designated area after the coming into force of this Order,
 (c) feed to any creature from which food may be derived a feeding stuff which is the subject matter of the incident designated by article 2 of this Order that was taken from the designated area after the coming into force of this Order, or
 (d) supply or have in possession for supply any food or anything from which food could be derived that was prepared or processed in contravention of article 4(b) of this Order.

Exceptions to restrictions
    7.—(1)  Notwithstanding the restrictions in article 5 of this Order, the Milk Marketing Board may move milk from any farm, holding, agricultural or other premises described in the Schedule to this Order, subject to the condition set out in paragraph (2) below.

    (2)  The condition referred to in paragraph (1) above is that such milk is processed into butter or milk powder.

    (3)  Notwithstanding the restrictions in article 6(b) of this Order, there may be supplied to the Milk Marketing Board milk derived from cattle that were in the designated area after the coming into force of this Order.

    8.    The Food Protection (Emergency Prohibitions) (Contamination of Feeding Stuff) (Wales) (No. 2) Order 1989^[3] and the Food Protection (Emergency Prohibitions) (Contamination of Feeding Stuff) (Wales) (No. 2) Amendment Order 1989^[4] are revoked.

Peter Walker

Secretary of State for Wales

15th November 1989

[1] 1985 c. 48; see the definitions of "designating authority" in section 1(2) and "the Ministers" in section 24(1). back

[2] 1958 c. 47. back

[3] S.I. 1989/2092. back

[4] S.I. 1989/2105. back

Explanatory Note