The Food Protection (Emergency Prohibitions) (Contamination of Feeding Stuff) (England) Order 1989

Made: 6 November 1989

Laid before Parliament: 7 November 1989

Coming into force: 7 November 1989

Now, therefore, the said Minister, in exercise of the powers conferred on him by the said section 1(1) and (2) and section 24(1) and (3) of the said Act, and of all other powers enabling him in that behalf, hereby makes the following Order:–

Title, commencement and interpretation

1

• (1) This Order may be cited as the Food Protection (Emergency Prohibitions) (Contamination of Feeding Stuff) (England) Order 1989 and shall come into force at one minute past midnight on 7th November 1989.

• (2) In this Order –

• (a) “the Act” means the Food and Environment Protection Act 1985,

• (b) “designated area” means the farms, holdings and agricultural premises described in the Schedule to this Order.

Designated incident

2

In the opinion of the Minister of Agriculture, Fisheries and Food, food in the area 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 a feeding stuff the subject matter of the incident designated by article 2 of this Order.

Restrictions on movement

5

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 the designated area.

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 a designated area after the coming into force of this Order,

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

• (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 a designated area after the coming into force of this Order,

• (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.

SCHEDULE — THE DESIGNATED AREA

Signed

In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 6th November 1989.

John Gummer — Minister of Agriculture, Fisheries and Food

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 lead into imported animal feeding stuff.

The Order designates certain land in England within which certain activities are prohibited (article 3 and the Schedule). Movement of cattle, food and other things out of the designated area is controlled (article 5) and certain other restrictions 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. Obstruction of enforcement officers is an offence under paragraph 10 of that Schedule.

Footnotes

[^f00001]: 1985 c. 48