Statutory Instrument 1999 No. 1542

The Food (Animals and Animal Products from Belgium) (Emergency Control) Order 1999

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© Crown Copyright 1999

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"the Commission Decision" means the Commission Decision 1999/363/EC on protective measures with regards to contamination by dioxins of certain animal products intended for human or animal consumption[2];

"dairy products" means raw milk, heat-treated drinking milk and milk based products as defined by Council Directive 92/46/EEC[3] as amended;

"free circulation" shall be construed in accordance with Article 23.2 of the Treaty establishing the European Community;

"member State" means a member State of the European Community other than Belgium or the United Kingdom;

"port health authority" includes a port local authority and a joint port local authority; and

"relevant animal or animal product" means-

(a) live animals and hatching eggs as referred to in Article 3 of the Commission Decision save for any animal which is not a food source; and

(b) products of Belgian origin covered by Article 1.2 of the Commission Decision save for any product which is not food,

and also includes pork, beef and dairy products of Belgian origin which is derived from an animal reared in Belgium as it includes poultry meat derived from domestic fowl reared there.

Prohibitions
     2.  - (1) Subject to paragraph (2) below, no person shall carry out commercial operations with respect to any relevant animal or animal product.

    (2) Paragraph (1) above shall not be taken to prohibit the bringing into Great Britain from a member State of any relevant animal or animal product in free circulation in that member State.

Enforcement
     3.  - (1) It shall be the duty of each food authority and port health authority to enforce and execute this Order within its area or district, as appropriate.

    (2) Each port health authority or food authority, as appropriate, shall give such assistance and information to the Minister as he may request for the purpose of his duties under section 13 of the Act.

Application and modification of various provisions of the Act
     4.  - (1) Section 9 of the Act (inspection and seizure of suspected food) shall apply for the purposes of this Order, subject to the following modifications-

(a) the references in subsections (1) and (2) to "food authority" shall be construed as including reference to a port health authority;

(b) subsections (1) and (2) shall extend to food and food sources which appear to an authorised officer to come within the definition of "relevant animal or animal product";

(c) subsections (3) to (9) thereof shall apply-


(i) to any food or food source falling within sub-paragraph (b) above as it applies to food which appears to an authorised officer to fail to comply with food safety requirements or to be likely to cause food poisoning or any disease communicable to human beings, and

(ii) to any relevant animal or animal product as if it were food which failed to comply with food safety requirements



save that where a notice under subsection (3)(a)(i) is given in relation to a food source, the notice is to relate to food which may come to be derived from the food source, that subsection (6) thereof shall apply in relation to the destruction or disposal of a food source so as to prevent food which may come to be derived from it from being used for human consumption, and that a justice of the peace shall decline to condemn food or food sources falling within sub-paragraph (b) above under subsection (6) thereof if and only if it is proved to him that they do not comprise relevant animals or animal products.

    (2) The following provisions of the Act shall apply, subject to paragraph (3) below, for the purposes of this Order and any reference in those provisions to the Act shall be construed for the purposes of this Order as a reference to this Order - 

(a) section 33 (obstruction etc. of officers);

(b) section 35(1) (punishment of offences) in so far as it relates to offences under section 33 as applied by sub-paragraph (a) above; and

(c) section 44 (protection of officers acting in good faith).

    (3) In section 44 of the Act the references to "food authority" shall be construed as including reference to a port health authority.


Nick Brown
Minister of Agriculture, Fisheries and Food

4th June 1999

[2] OJ No. L141, 4.6.1999, p. 24.back

[3] OJ No. L268, 14.9.92, p.1, to which there are amendments not relevant to this Order.back