The Food Protection (Emergency Prohibitions) Order 1987

Made: 7th July 1987

Laid before Parliament: 8th July 1987

Coming into force: 8th July 1987

Whereas the Secretary of State is of the opinion, as mentioned in section 1(1)(a) of the Food and Environment Protection Act 1985[^f00001], 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 he 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 following Order, or which is, 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, in exercise of the powers conferred on him by sections 1(1) and (2), and 24(1) and (3) of the said Act[^f00002], and of all other powers enabling him in that behalf, he hereby makes the following Order:

Title, commencement and interpretation

1

• (1) This Order may be cited as the Food Protection (Emergency Prohibitions) Order 1987, and shall come into force on 8th July 1987.

• (2) In this Order—

• (a) “designated area” means one of the areas described in the Schedule to this Order;

• (b) “sheep” means an animal of the genus Ovisof whatever age or sex.

Designated incident

2

In the opinion of the Secretary of State food in the areas described in the Schedule to this Order, or which is derived from anything in those areas, is or may be unsuitable for human consumption in consequence of the following escape of substances:—

Designated areas

3

The areas described in the Schedule to this Order are hereby designated for the purposes of Part I of the Food and Environment Protection Act 1985.

Activities prohibited in the designated areas

4

No person shall in any of the designated areas slaughter any sheep for human consumption or for use in the preparation of feeding stuffs.

Restrictions on movement

5

No person shall move any sheep from any farm, agricultural holding, agricultural premises, or holding in any of the designated areas.

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 stuffs any sheep that was in a designated area at any time after 8th July 1987; or

• (b) supply, or have in possession for supply, any meat derived from a sheep or any food which contains any such meat, if that sheep was in a designated area at any time after 8th July 1987.

SCHEDULE — THE DESIGNATED AREAS

Dumfries and Galloway

1

The area of land within Nithsdale District comprising that part of the Parish of Ruthwell bounded as follows:—

2

The area of land within Nithsdale District comprising that part of the Parish of New Abbey bounded as follows:—

3

The area of land within Stewartry District comprising that part of the Parish of Kirkgunzeon bounded as follows:—

Signed

J. W. L. Lonie, — Assistant Secretary,Scottish Office — 7th July 1987

Explanatory note

(This note is not part of the Order)

This Order contains emergency prohibitions restricting various activities in order to prevent human consumption of food rendered unsuitable for that purpose in consequence of the escape of radioactive substances from a nuclear reaction situated at Chernobyl in the Ukraine, USSR. This escape occurred in April 1986 and radioactivity had declined below the level which gave concern before the restrictions imposed in that year were finally removed. Contrary to original expectations, however, radioactivity at unacceptable levels is again present in new pasture.

The Order designates areas in Scotland affected by the escape from which the movement of sheep and in which the slaughter of sheep are prohibited (articles 3, 4 and 5 and the Schedule). Restrictions on the slaughter of sheep from the designated areas, and the supply of meat derived from such sheep, extend throughout the United Kingdom (article 6).

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. Under paragraph 10 of that Schedule obstruction of enforcement officers is an offence.

Footnotes

[^f00001]: 1985 c. 48.

[^f00002]: Section 24(1) contains a definition of “the Ministers” relevant to the exercise of the statutory powers under which this Order is made.