The Food Protection (Emergency Prohibitions) (Wales) Order 1987 No. 1181


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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.

Statutory Instruments

1987 No. 1181

PUBLIC HEALTH, ENGLAND AND WALES

PUBLIC HEALTH, SCOTLAND

PUBLIC HEALTH, NORTHERN IRELAND

CONTAMINATION OF FOOD

The Food Protection (Emergency Prohibitions) (Wales) Order 1987

Made

9th July 1987

Laid before Parliament

9th July 1987

Coming into force

10th July 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 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 Schedule 1 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) Order 1987 and shall come into force on 10th July 1987.

(2) In this Order-

(a)"the Act" means the Food and Environment Protection Act 1985,

(b)"designated area" means an area described in Schedule 1 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 Schedule 1 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 Schedule 1 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.

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 in a designated area at any time after 11 a.m. on 20th June 1986; 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 at any time after 11 a.m. on 20th June 1986.

(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 orders specified in Schedule 2 to this Order are hereby revoked.

Peter Walker

Secretary of State for Wales

9th July 1987

Article 3

SCHEDULE 1DESIGNATED AREAS

1 An area comprising that part of the County of Gwynedd which lies within the following boundary-

The area excludes any part of a road, footpath or body of water by reference to which its boundary is defined.

2. An area comprising that part of the County of Powys which lies within the following boundary:

The area excludes any part of a road, footpath or body of water by reference to which its boundary is defined.

Article 7

SCHEDULE 2REVOCATIONS

Orders RevokedReferences
The Food Protection (Emergency Prohibitions) (Wales) (No.2) Order 1986S.I. 1986/1681.
The Food Protection (Emergency Prohibitions) (Wales) (No.2) Amendment Order 1986S.I. 1986/1707.
The Food Protection (Emergency Prohibitions) (Wales) (No.2) Amendment No.2 Order 1986S.I. 1986/1756.
The Food Protection (Emergency Prohibitions) (Wales) (No.2) Amendment No.3 Order 1986S.I. 1986/1775.
The Food Protection (Emergency Prohibitions) (Wales) (No.2) Amendment No.4 Order 1986S.I. 1986/1849.
The Food Protection (Emergency Prohibitions) (Wales) (No.2) Amendment No.5 Order 1986S.I. 1986/2242.
The Food Protection (Emergency Prohibitions) (Wales) (No.2) Amendment Order 1987S.I. 1987/182.
The Food Protection (Emergency Prohibitions) (Wales) (No.2) Amendment No.2 Order 1987S.I. 1987/263.
The Food Protection (Emergency Prohibitions) (Wales) (No.2) Amendment No.3 Order 1986S.I. 1987/885.

Explanatory Note

(This note is not part of the Order)

This Order replaces in relation to areas of land in Wales the Food Protection (Emergency Prohibitions) (Wales) (No. 2 ) Order 1986 (S.I. 1986/1681, as amended by S.I. 1986/1707, 1756, 1775, 1849, 2242, 1987/182, 263 and 885). It contains emergency prohibitions restricting various activities in order to prevent human consumption of food which has been or which may have been rendered unsuitable for that purpose in consequence of the escape of radioactive substances from a nuclear reactor situated at Chernobyl in the USSR.

The order designates two areas of land in Wales affected by the escape from which the movement of sheep, and in which the slaughter of sheep, are prohibited (articles 3, 4, 5(1) and Schedule 1). The prohibition on slaughter in the designated areas does not apply to any sheep identified by a red paint mark which have been examined and subsequently marked by an ear-tag by a person authorised by the Minister of Agriculture, Fisheries and Food or the Secretary of State (article 4(2)). Movement into a designated area of sheep which have been removed from it or from a similarly designated area elsewhere in the United Kingdom (other than sheep which have been identified by a red paint mark, and moved, in accordance with a Ministerial consent) is prohibited (article 5(2)).

Restrictions on the slaughter of sheep from the designated areas, and the supply of meat derived from such sheep, extend throughout the United Kingdom (article 6(1)).

The said restrictions on slaughter and supply imposed by article 6(1) shall not apply to any sheep:

(a)which have been moved unmarked to a market in accordance with a Ministerial consent;

(b)identified by a blue paint mark and which have been moved in accordance with a Ministerial consent; or

(c)identified by a red or apricot paint mark which have been examined and subsequently marked with an ear-tag by a person authorised by the Minister of Agriculture, Fisheries and Food or the Secretary of State and which have been moved in accordance with a Ministerial consent (article 6(2)).

Under section 21 of the Food and Environment Protection Act 1985 the penalty for contravening an emergency prohibition is:

(a)on summary conviction, a fine of an amount not exceeding the statutory maximum (at present £2,000);

(b)on conviction on indictment, an unlimited fine, or imprisonment for a term of not more than two years or both.

Powers of enforcement in relation to emergency prohibitions are conferred by section 4 of, and Schedule 2 to, the 1985 Act. Obstruction of enforcement officers is an offence under paragraph 10 of that Schedule.

Maps showing the designated areas are available for inspection during normal office hours at the offices of the Welsh Office Agriculture Department at Penrallt, Caernarfon, Gwynedd LL55 1 EP; Government Buildings, Spa Road East, Llandrindod Wells, Powys LD1 5HA; Station Road, Ruthin, Clwyd LL15 1BP and Cathays Park, Cardiff, South Glamorgan CF1 3NQ.


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URL: http://www.bailii.org/uk/legis/num_reg/1987/uksi_19871181_en.html