The Food Protection (Emergency Prohibitions) (Lead in Cattle) (England) Order 1990

Order made by the Minister of Agriculture, Fisheries and Food, laid before Parliament under section 1(8) of the Food and Environment Protection Act 1985, for approval by resolution of each House of Parliament within twenty-eight days beginning with the day on which the Order was made, subject to extension for periods of dissolution, prorogation or adjournment for more than four days.

Statutory Instruments

1990 No. 1391

PUBLIC HEALTH, ENGLAND AND WALES

PUBLIC HEALTH, SCOTLAND

PUBLIC HEALTH, NORTHERN IRELAND

CONTAMINATION OF FOOD

The Food Protection (Emergency Prohibitions) (Lead in Cattle) (England) Order 1990

Made

9th July 1990

Laid before Parliament

10th July 1990

Coming into force

10th July 1990

The Minister of Agriculture, Fisheries and Food, in exercise of the powers conferred on him by section 1(1) and (2) and section 24(1) and (3) of the Food and Environment Protection Act 1985(1), and of all other powers enabling him in that behalf, being of the opinion 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 in the area designated by the following Order, 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, hereby makes the following Order:

Title, commencement and interpretation

1.—(1) This Order may be cited as the Food Protection (Emergency Prohibitions) (Lead in Cattle) (England) Order 1990 and shall come into force on 10th July 1990.

(2) In this Order—

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

“cattle” means bovine cattle;

“designated area” means the area described in the Schedule to this Order.

Designated circumstances

2.  In the opinion of the Minister of Agriculture, Fisheries and Food, food which is or may be in the future in the designated area, or which is or may be in the future derived from anything in such an area is, or may be, or may become, unsuitable for human consumption in consequence of the high level of lead found in cattle in the designated area.

Designated area

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

Prohibitions on movement

4.—(1) No person shall move any cattle from the designated area.

(2) No person shall move from the designated area any food derived from cattle in the designated area, or feeding stuffs derived from such cattle.

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 9th July 1990.

L.S.

John Selwyn Gummer

Minister of Agriculture, Fisheries and Food

Articles 1(2), 2 and 3

SCHEDULE THE DESIGNATED AREA

WOODLANDS FARM

SHAFFORD

CHILDWICK BURY

ST ALBANS

HERTFORDSHIRE

L3 6JX

Explanatory Note

(This note is not part of the Order)

This Order contains emergency prohibitions on various activities in order to prevent human consumption of food rendered unsuitable for that purpose in consequence of the circumstances designated in article 2 of the Order, namely a high level of lead in cattle.

The Order designates an area of land in England affected by the above mentioned circumstances (article 3 and the Schedule). Movement out of the designated area of cattle, food and feeding stuffs derived from cattle is prohibited (article 4).

Under section 21 of the Food and Environment Protection Act 1985 the penalty for contravening an emergency prohibition is—

(a) on summary conviction, a fine of an amount not exceeding the statutory maximum (at present £2,000);

(b) on conviction on indictment, an unlimited fine, or imprisonment for a term of not more than two years, or both. Powers of enforcement in relation to emergency prohibitions are conferred by section 4 of, and Schedule 2 to, the 1985 Act. Obstruction of enforcement officers is an offence under paragraph 10 of that Schedule.

(1)

1985 c. 48; section 1 was amended by section 51 of the Food Safety Act 1990 (c. 16), and section 24 was amended by paragraph 29 of Schedule 3 to that Act.