The Food Protection (Emergency Prohibitions) (Wales) (No. 5) Amendment No. 2 Order 1988

Statutory Instruments

1988 No. 951

PUBLIC HEALTH, ENGLAND AND WALES

PUBLIC HEALTH, SCOTLAND

PUBLIC HEALTH, NORTHERN IRELAND

CONTAMINATION OF FOOD

The Food Protection (Emergency Prohibitions) (Wales) (No. 5) Amendment No. 2 Order 1988

Made

26th May 1988

Laid before Parliament

27th May 1988

Coming into force

1st June 1988

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 Food Protection (Emergency Prohibitions) (Wales) (No. 5) Order 1987(2), 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 and commencement

1.  This Order may be cited as the Food Protection (Emergency Prohibitions) (Wales) (No. 5) Amendment No. 2 Order 1988 and shall come into force on 1st June 1988.

Partial revocation and amendment

2.  The Food Protection (Emergency Prohibitions) (Wales) (No. 5) Order 1987 is revoked to the extent that it imposes prohibitions on —

(a) the movement into a designated area of a sheep which has previously been moved from any place in accordance with a consent given under section 2(1) of the Food and Environment Protection Act 1985 which consent did not require that the sheep to which it applies should be marked in a manner specified therein; and

(b) the slaughter of a sheep which was moved from any place in accordance with a consent given under the said section 2(1) on or before 10th January 1988 which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark; and

(c) the supply or having in possession for supply of meat, or food containing meat, derived from a sheep described in paragraph (b) of this article,

and accordingly that Order is further amended in accordance with the following provisions of this Order.

3.  In article 5, for paragraph (3) there shall be substituted the following paragraph —

“(3) Paragraph (2) above shall not apply in the case of —

(a) any sheep which was moved from any place in accordance with a consent given under section 2(1) of the Act which did not require that the sheep to which it applies should be marked in a manner specified therein; or

(b) 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.”.

4.  In article 6, for paragraph (2) there shall be substituted the following paragraph —

“(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) on or before 26th July 1987 which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark;

(c) any sheep which was moved from any place in accordance with a consent given under the said section 2(1) on or before 27th September 1987 which consent was subject to the condition that the sheep to which it applies should be marked with a green mark;

(d) any sheep which was moved from any place in accordance with a consent given under the said section 2(1) on or before 10th January 1988 which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark; or

(e) 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

(ii) is moved from any place in accordance with such consent given on or after 11th January 1988 which consent is subject to the condition that the sheep to which it applies should be marked with an apricot mark,

and which, in either case, has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers.”.

Peter Walker

Secretary of State for Wales

26th May 1988

Explanatory Note

(This note is not part of the Order)

The Food Protection (Emergency Prohibitions) (Wales) (No. 5) Order 1987, as amended by S.I. 1988/9, 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. That Order designates areas of land in Wales (“the designated areas”) affected by the escape from and into which the movement of sheep, and in which the slaughter of sheep, are prohibited and provides that restrictions on the slaughter of sheep which were in the designated areas after specified dates, and the supply of meat derived from such sheep, extend throughout the United Kingdom.

This Order excepts from the prohibition on movement into the designated areas any sheep previously moved from those areas or from similarly designated areas elsewhere in the United Kingdom in accordance with a Ministerial consent given under section 2(1) of the Food and Environment Protection Act 1985 which consent did not require that the sheep to which it applies should be marked in a manner specified therein.

The Order also excepts from the prohibition on slaughter throughout the United Kingdom any sheep, and from the prohibition on supply throughout the United Kingdom any meat derived from such a sheep, identified by a blue paint mark and which has been moved in accordance with a Ministerial consent given under the said section 2(1) on or before 10th January 1988.

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 1EP; Government Buildings, Spa Road East, Llandrindod Wells, Powys LD1 5HA; Station Road, Ruthin, Clwyd LL15 1BP and Cathays Park, Cardiff, South Glamorgan CF1 3NQ.

(1)

1985 c. 48.

(2)

S.I. 1987/1894, amended by S.I. 1988/9.