Statutory Instrument 1996 No. 448

The Food Protection (Emergency Prohibitions) (Oil and Chemical Pollution of Fish and Plants) Order 1996

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© Crown Copyright 1996

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1996 No. 448

PUBLIC HEALTH, ENGLAND AND WALES

PUBLIC HEALTH, SCOTLAND

PUBLIC HEALTH, NORTHERN IRELAND

CONTAMINATION OF FOOD

The Food Protection (Emergency Prohibitions) (Oil and Chemical Pollution of Fish and Plants) Order 1996

Approved by both Houses of Parliament

The Secretary of State, in exercise of the powers conferred on him by section 1(1) and section 24(3) of the Food and Environment Protection Act 1985^[1], and of all other powers enabling him in that behalf, being of the opinion that there exist or may exist circumstances which are likely to create a hazard to human health through human consumption of food and that in consequence food which is derived or may be in the future derived from fish and plants in the area described in the following Order, is, or may be, or may become, unsuitable for human consumption, hereby makes the following Order:

Citation, commencement and interpretation
    1.—(1)  This Order may be cited as the Food Protection (Emergency Prohibitions) (Oil and Chemical Pollution of Fish and Plants) Order 1996 and shall come into force at 16.00 hours on 28th February 1996.

    (2)  In this Order—
"edible plants" means wild plants of the species Salicornia;
"edible seaweed" means wild seaweed of the species Porphyra, Rhodimenia or Chondrus;
"relevant time" means one minute past midnight on 28th February 1996.

Designated circumstances
    2.    In the opinion of the Secretary of State edible plants, edible seaweed and fish in the area designated in article 3 below may be affected by oil or other chemical substances which are likely to create a hazard to human health if they are consumed.

Designated area
    3.    The area described in the Schedule to this Order is hereby designated for the purposes of Part I of the Food and Environment Protection Act 1985.

Activities prohibited in the designated area
    4.    No person shall fish for and take fish in the designated area.

    5.    No person shall gather or pick edible plants or edible seaweed in the designated area.

Prohibition on movement
    6.    No person shall move any edible plants, edible seaweed or fish out of the designated area.

Restrictions throughout the United Kingdom
    7.    No person shall in the United Kingdom or in United Kingdom waters—
 (a) use any edible plants, edible seaweed or fish taken out of the designated area after the relevant time in the preparation or processing for supply of food and anything from which food could be derived,
 (b) land any fish which were in waters in the designated area after the relevant time,
 (c) supply, or have in possession for supply, any edible plants, edible seaweed or fish which were in the designated area after the relevant time,
 (d) supply, or have in possession for supply, any food or anything from which food could be derived in the preparation or processing of which anything was used in contravention of paragraph (a) of this article,
 (e) feed to any creature a feeding stuff in the preparation or processing of which anything was used in contravention of paragraph (a) of this article.

William Hague

Secretary of State for Wales

28th February 1996

[1] 1985 c. 48; section 1(1) and (2) were amended by section 51(2)(a) and (b) of the Food Safety Act 1990 (c. 16) and section 24(1) was amended by paragraph 29 of Schedule 3 to that Act: section 1(2) defines "designating authority" and section 24(1) defines "the Ministers". back

Explanatory Note