The Food Protection (Emergency Prohibitions) (England) Amendment No. 4 Order 1989

Statutory Instruments

1989 No. 1768

PUBLIC HEALTH, ENGLAND AND WALES

PUBLIC HEALTH, SCOTLAND

PUBLIC HEALTH, NORTHERN IRELAND

CONTAMINATION OF FOOD

The Food Protection (Emergency Prohibitions) (England) Amendment No. 4 Order 1989

Made

25th September 1989

Laid before Parliament

29th September 1989

Coming into force

2nd October 1989

Whereas the Minister of Agriculture, Fisheries and Food is of the opinion, in accordance with 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 said Minister is of the opinion, in accordance with 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 area described in Schedule 1 to the Food Protection (Emergency Prohibitions) (England) Order 1987(2), or which is derived or may be in the future derived from anything in that area, is, or may be, or may become, unsuitable for human consumption;

Now, therefore, the said Minister, in exercise of the powers conferred on him by sections 1(1), 1(2), 24(1) and 24(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) (England) Amendment No. 4 Order 1989 and shall come into force on 2nd October 1989.

Partial revocation and amendment

2.  The Food Protection (Emergency Prohibitions) (England) Order 1987 is revoked to the extent that it imposes prohibitions on –

(a) the slaughter of a sheep which was moved from any place in accordance with a consent given under section 2(1) of the Food and Environment Protection Act 1985 on or before 30th July 1989 which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark; and

(b) the slaughter of a sheep which –

(i) was moved from any place in accordance with a consent given under the said section 2(1) on or after 2nd October 1989, which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark; and

(ii) has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers; and

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

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

3. 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 8th January 1989 which consent was subject to the condition that the sheep to which it applies should be marked with a blue 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 30th July 1989 which consent was subject to the condition that the sheep to which it applies should be marked with an apricot 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 2nd October 1988 which consent was subject to the condition that the sheep to which it applies should be marked with a green 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) was moved from any place in accordance with such a consent given on or after 2nd October 1989 which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark; or

(iii) was moved from any place in accordance with such a consent given on or after 31st July 1989 which consent was subject to the condition that the sheep to which it applies should be marked with a green mark,

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

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 25th September 1989.

(L.S.)

John Selwyn Gummer

Minister of Agriculture, Fisheries and Food

Explanatory Note

(This note is not part of the Order)

The Food Protection (Emergency Prohibitions) (England) Order 1987 contains emergency prohibitions restricting various activities in order to prevent the 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.

This Order 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 an apricot paint mark and which has been moved in accordance with a consent given under section 2(1) of the Food and Environment Protection Act 1985 on or before 30th July 1989.

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 on or after 2nd October 1989 which has been marked with an ear-tag by a person authorised by the Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland or Wales or the Department of Agriculture for Northern Ireland.

(1)

1985 c. 48. See the defiition of “designating authority” in section 1(2), and “th Ministers” in section 24(1).

(2)

S.I. 1987/1893, amended by S.I. 1988/7, 954, 1292, 1679, 1989/6, 658 and 1283.