The Food Protection (Emergency Prohibitions) (Contamination of Feeding Stuff) (England) (No. 2) Order 1989

Title, commencement and interpretation

1.—(1) This Order may be cited as the Food Protection (Emergency Prohibitions) (Contamination of Feeding Stuff) (England) (No. 2) Order 1989 and shall come into force on 10th November 1989.

(2) In this Order–

“the Act” means the Food and Environment Protection Act 1985;

“designated area” means the farms, holdings and agricultural and other premises described in the Schedule to this Order;

“the Milk Marketing Board” means the Milk Marketing Board for England and Wales established under the Agricultural Marketing Act 1958(1).

Designated incident

2.  In the opinion of the Minister of Agriculture, Fisheries and Food, food in the areas described in the Schedule to this Order is, or may be, or may become unsuitable for human consumption in consequence of the escape of lead into imported animal feeding stuff.

Designated area

3.  The areas described in the Schedule to this Order are hereby designated for the purposes of Part I of the Act.

Activities prohibited in the designated area

4.  No person shall in the designated area–

(a) slaughter any cattle for human consumption or for use in the preparation of feeding stuff;

(b) prepare or process for supply to purchasers or others any food derived from cattle or anything from which food could be derived; or

(c) feed to any creature from which food may be derived a feeding stuff which is the subject matter of the incident designated by article 2 of this Order or which is derived from cattle that were in the designated area on or after 7th November 1989.

Restrictions on movement

5.  Subject to article 7 of this Order, no person shall move any milk or milk product derived from any cattle or any cattle from which milk may be derived, or cattle from which meat or any other food for human consumption may be derived, from any farm, holding, agricultural or other premises described in the Schedule to this Order.

Restrictions throughout the United Kingdom

6.  No person shall, in the United Kingdom–

(a) slaughter for human consumption or for use in the preparation of feeding stuff any cattle that were in the designated area after the coming into force of this Order,

(b) supply, or, subject to article 7 of this Order, have in possession for supply, any milk, milk product, meat or other food, derived from cattle that were in the designated area after the coming into force of this Order,

(c) feed to any creature a feeding stuff the subject matter of the incident designated by article 2 of this Order that was taken from the designated area after the coming into force of this Order, or

(d) supply or have in possession for supply any food or anything from which food could be derived that was prepared or processed in contravention of article 4(b) of this Order.

Exceptions to restrictions

7.—(1) Notwithstanding the restrictions in article 5 of this Order, the Milk Marketing Board may move milk from any farm, holding, agricultural or other premises described in the Schedule to this Order, subject to the condition set out in paragraph (2) below.

(2) The condition referred to in paragraph (1) above is that such milk is processed into butter or milk powder.

(3) Notwithstanding the restrictions in article 6(b) of this Order, there may be supplied to the Milk Marketing Board milk derived from cattle that were in the designated area after the coming into force of this Order, and the Milk Marketing Board may have in possession for supply butter or milk powder derived from such cattle.

Revocation

8.  The Food Protection (Emergency Prohibitions) (Contamination of Feeding Stuff) (England) Order 1989(2), the Food Protection (Emergency Prohibitions) (Contamination of Feeding Stuff) (England) Amendment Order 1989(3) and the Food Protection (Emergency Prohibitions) (Contamination of Feeding Stuff) (England) Amendment No. 2 Order 1989(4) are revoked.

In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 9th November 1989.

L.S.

John Gummer

Minister of Agriculture, Fisheries and Food