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Statutory Instruments

1987 No. 1687

PUBLIC HEALTH, ENGLAND AND WALES

PUBLIC HEALTH, SCOTLAND

PUBLIC HEALTH, NORTHERN IRELAND

CONTAMINATION OF FOOD

The Food Protection (Emergency Prohibitions) (England) (No. 2) Amendment No. 5 Order 1987

Made

24th September 1987

Laid before Parliament

25th September 1987

Coming into force

28th September 1987

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) (No. 2) Order 1986(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 the said section 1(1) and section 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) (No. 2) Amendment No. 5 Order 1987 and shall come into force on 28th September 1987.

Partial revocation and amendment

2.  The Food Protection (Emergency Prohibitions) (England) (No. 2) Order 1986 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 26th July 1987 which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark; and

(b)the supply or having in possession for supply of meat, or food containing meat, derived from such a sheep,

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 21st December 1986 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 26th July 1987 which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark; or

(d)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 a green mark; and

(ii)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 24th September 1987.

L.S.

Donald Thompson

Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food

Explanatory Note

(This note is not part of the Order)

The Food Protection (Emergency Prohibitions) (England) (No. 2) Order 1986 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.

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 which are no longer required to be examined and marked with an ear-tag by a person authorised by the Minister of Agriculture, Fisheries and Food or the Secretary of State for Scotland or Wales.

The Order also limits the scope of the existing exception from those prohibitions in respect of sheep identified by a blue paint mark to sheep for the movement of which a consent was given on or before 21st December 1986.

(2)

S.I. 1986/1689, amended by S.I. 1986/2208, 1987/153, 249, 906 and 1555.