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

Made: 10th November 1989

Laid before Parliament: 13th November 1989

Coming into force: 11th November 1989

Now, therefore, the Secretary of State, 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) (Wales) (No. 2) Order 1989 and shall come into force on 11th 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 and other premises described in the Schedule to this Order,

• (c) “the Milk Marketing Board” means the Milk Marketing Board for England and Wales established under the Agricultural Marketing Act 1958[^f00002].

Designated incident

2

In the opinion of the Secretary of State, 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 8th 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.

8

The Food Protection (Emergency Prohibitions) (Contamination of Feeding Stuff) (Wales) Order 1989[^f00003] and the Food Protection (Emergency Prohibitions) (Contamination of Feeding Stuff) (Wales) Amendment Order 1989[^f00004] are revoked.

SCHEDULE — THE DESIGNATED AREA

Signed

Signed by authority of the Secretary of State for Wales

Ian Grist — Parliamentary Under Secretary of State, Welsh Office — 10th November 1989

Explanatory note

(This note is not part of the Order)

This Order consolidates with amendments the Food Protection (Emergency Prohibitions) (Contamination of Feeding Stuff) (Wales) Order 1989, as amended. It 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 farms, holdings, agricultural and other premises in Wales within which certain activities are prohibited (articles 3 and 4 and the Schedule). Movement of cattle and food from any of these areas is controlled (article 5) and certain other restrictions extend throughout the United Kingdom (article 6).

This Order makes the following changes of substance:–

• (a) further farms, holdings, and premises are designated (article 3 and the Schedule);

• (b) certain exceptions to the restrictions on movement, supply and having in possession for supply are introduced (article 7);

• (c) a new prohibition in the designated area is introduced concerning feeding stuff (article 4(c)).

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; see the definitions of “designating authority” in section 1(2) and “the Ministers” in section 24(1).

[^f00002]: 1958 c. 47.

[^f00003]: S.I. 1989/2056.

[^f00004]: S.I. 1989/2078.