Statutory Instrument 1991 No. 20

The Food Protection (Emergency Prohibitions) (Radioactivity in Sheep) Order 1991

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© Crown Copyright 1991

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1991 No. 20

PUBLIC HEALTH, ENGLAND AND WALES

PUBLIC HEALTH, SCOTLAND

PUBLIC HEALTH, NORTHERN IRELAND
CONTAMINATION OF FOOD

The Food Protection (Emergency Prohibitions) (Radioactivity in Sheep) Order 1991

Whereas the Secretary of State is of the opinion, as mentioned in section 1(1) of the Food and Environment Protection Act 1985^[1], 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, or may be in the future, derived from sheep in the areas described in Schedule 1 to the following Order 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:

Citation, commencement and interpretation
    1.—(1)  This Order may be cited as the Food Protection (Emergency Prohibitions) (Radioactivity in Sheep) Order 1991 and shall come into force on 14th January 1991.

    (2)  In this Order—

"the Act" means the Food and Environment Protection Act 1985;


"designated areas" means the areas described in Schedule 1 to this Order;


"sheep" means an animal of the genus Ovis of whatever age or sex.

Designated circumstances
    2.    In the opinion of the Secretary of State food which is, or may be in the future, derived from sheep in any of the designated areas is, or may be, or may become unsuitable for human consumption in consequence of the elevated levels of radioactivity found in the designated areas following 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.    No person shall in any of the designated areas slaughter any sheep for human consumption or for use in the preparation of feeding stuffs from which food could be derived.

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

    (2)  No person shall move into any of the designated areas any sheep which has been removed from those areas or from any area which is at the time of the removal designated by an order under section 1 of the Act which refers to the circumstances 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 Act which consent was subject to the condition that the sheep to which it applies should be marked with a green, blue or apricot mark.

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 I of Schedule 1 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 Schedule 1 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 a designated area in accordance with a consent given under section 2(1) of the Act which consent did not require that sheep to be marked and did not require that sheep to be returned to one of the designated areas;
 (b) any sheep which—
 (i) was moved from a designated area in accordance with a consent given under the said section 2(1) which consent required that the sheep to which it applied should be marked with a paint mark; and
 (ii) has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers;
 (c) any sheep—
 (i) which was moved from a designated area in accordance with a consent issued under the said section 2(1); and
 (ii) which was marked with a blue paint mark in accordance with that consent,
on or after 1st April of the year following the year in which it was so marked;
 (d) any sheep—
 (i) which was moved from a designated area in accordance with a consent issued under the said section 2(1); and
 (ii) which was marked with an apricot paint mark in accordance with that consent,
on or after 1st August of the year in which it was so marked; and
 (e) any sheep—
 (i) which was moved from a designated area in accordance with a consent issued under the said section 2(1); and
 (ii) which was marked with a green paint mark in accordance with that consent,
on or after 1st December of the year in which it was so marked.

Revocation
    7.    The Orders specified in Schedule 2 are hereby revoked.

I. W. Gordon

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

10th January 1991

[1] 1985 c. 48.; section 1 was amended by section 51 of the Food Safety Act 1990 (c. 16). back

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

Explanatory Note