The Food Protection (Emergency Prohibitions) Order 1989

Made: 5th January 1989

Laid before Parliament: 6th January 1989

Coming into force: 9th January 1989

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 1989 and shall come into force on 9th January 1989.

• (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 Ovis of 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:—

• the escape on or after 26th April 1986 of radioactive substances from a nuclear reactor situated at Chernobyl in the Ukraine, USSR.

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

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

• (2) Paragraph (1) above shall not apply in the case of any sheep which—

• (a) was moved from any place in accordance with a consent given under section 2(1) of the Food and Environment Protection Act 1985 which consent was subject to the condition that the sheep to which it applies should be marked with a red mark; and

• (b) has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers.

Restrictions on movement

5

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

• (2) Paragraph (1) above shall not apply in the case of—

• (a) any sheep which was moved from any place in accordance with a consent given under section 2(1) of the said Act which consent did not require that the sheep to which it applies should be marked;

• (b) any sheep which was moved from any place in accordance with a consent given under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a red mark;

• (c) any sheep which was moved from any place in accordance with a consent given on or before 10th January 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark;

• (d) any sheep which was moved from any place in accordance with a consent given on or before 31st July 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark;

• (e) any sheep which was moved from any place in accordance with a consent given on or before 2nd October 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a green mark;

• (f) any sheep which was moved from any place in accordance with a consent given on or after 3rd October 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark;

• (g) any sheep which was moved from any place in accordance with a consent given on or after 9th January 1989 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark.

• (3) No person shall move into the designated areas any sheep which has been removed from those areas or from any area which is from time to time designated by an Order under section 1 of the said Act which refers to the escape of substances described in article 2 of this Order, except any sheep which was moved from any place in accordance with a consent given under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a red mark or which consent did not require that the sheep to which it applies should be marked.

Restrictions throughout the United Kingdom

6

• (1) No person shall in the United Kingdom—

• (a) slaughter for human consumption or for use in the preparation of feeding stuffs any sheep which was in a designated area described in Part 1 of the Schedule to this Order at any time after 8th July 1987 or in a designated area described in Part II of that Schedule at any time after 12th August 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 described in Part I of the Schedule to this Order at any time after 8th July 1987 or in a designated area described in Part II of that Schedule at any time after 12th August 1987.

• (2) Paragraph (1) above shall not apply in the case of—

• (a) any sheep which was moved from any place in accordance with a consent given under section 2(1) of the said Act which consent did not require that the sheep to which it applies should be marked;

• (b) any sheep which was moved from any place in accordance with a consent given on or before 10th January 1988 under section 2(1) of the said Act 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 on or before 31st July 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark;

• (d) any sheep which was moved from any place in accordance with a consent given on or before 2nd October 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a green mark;

• (e) any sheep which—

• (i) was moved from any place in accordance with a consent given under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a red mark, or

• (ii) was moved from any place in accordance with a consent given on or after 3rd October 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark;

• (iii) was moved from any place in accordance with a consent given on or after 9th January 1989 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark.and which in any case has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers.

Revocation

7

The Food Protection (Emergency Prohibitions) Order 1988([^f00003]) is hereby revoked.

SCHEDULE — THE DESIGNATED AREAS

PART I — Dumfries and Galloway Region

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:—

PART II

1. — Dumfries and Galloway Region

a

The area of land within Stewartry District comprising that part of the Parishes of Glencairn and Dunscore bounded as follows:—

b

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

c

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

d

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

2. — Strathclyde Region

a

The area of land within Cumnock and Doon Valley District comprising that part of the Parishes of Dalmellington and Coylton bounded as follows:—

b

The area of land within Cumnock and Doon Valley District comprising that part of the Parish of Sorn bounded as follows:—

c

The area of land within Cumnock and Doon Valley District comprising that part of the Parish of Dalmellington bounded as follows:—

d

The area of land within Cumnock and Doon Valley District comprising that part of the Parish of Auchinleck bounded as follows:—

e

The area of land within Cumnock and Doon Valley District comprising that part of the Parish of Muirkirk bounded as follows:—

f

The area of land within Cumnock and Doon Valley District comprising that part of the Parish of Old Cumnock bounded as follows:—

g

The area of land within Kyle and Carrick District comprising that part of the Parish of Straiton bounded as follows:—

h

The area of land within Kyle and Carrick District and comprising that part of the Parish of Straiton bounded as follows:—

i

The area of land on the Island of Arran within Cunninghame District comprising that part of the Parish of Kilbride bounded as follows:—

j

The area of land on the Island of Arran within Cunninghame District and comprising that part of the Parish of Kilmory bounded as follows:—

k

The area of land within Kilmarnock and Loudoun District comprising that part of the Parish of Galston bounded as follows:—

l

The area of land within Kilmarnock and Loudoun District comprising that part of the Parish of Fenwick bounded as follows:—

m

The area of land within Kilmarnock and Loudoun District comprising that part of the Parish of Fenwick bounded as follows:—

n

The area of land within Kilmarnock and Loudoun District and comprising that part of the Parish of Galston bounded as follows:—

o

The area of land within East Kilbride District comprising that part of the Parish of Avondale bounded as follows:—

p

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

3. — Central Region

a

The area of land within Stirling District comprising that part of the Parish of Killin bounded s follows:—

b

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

c

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

d

The area of land within Stirling District and comprising that part of the Parish of Callander bounded as follows:—

e

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

Signed

N E Sharp — Assistant Secretary, Scottish Office — 5th January 1989

Explanatory note

(This note is not part of the Order)

This Order revokes and re-enacts with amendments the Food Protection (Emergency Prohibitions) Order 1988 (“the 1988 Order”).

This Order continues the emergency prohibitions imposed by the 1988 Order restricting various activities in order to prevent human consumption of food rendered unsuitable for that purpose in consequence of the escape in April 1986 of radioactive substances from a nuclear reactor situated at Chernobyl in the Ukraine, USSR.

The Order designates again areas in Scotland affected by the escape from and into which the movement of sheep and in which the slaughter of sheep are prohibited (articles 3, 4(1) and 5(1) 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(1)).

This Order continues the exceptions to the prohibitions re-enacted by articles 4, 5 and 6—

• (a) the prohibition on slaughter of sheep in any of the designated areas;

• (b) the prohibition on movement of sheep;

• (c) the prohibition applying throughout the United Kingdom on the slaughter of, and the supply of meat derived from, any sheep which has been in the designated areas,

but subject to revisals to those exceptions as follows:—

• (i) to except from the prohibition on movement referred to at (b) above, any sheep which was moved from any place in accordance with a consent given on or after 9th January 1989 under section 2(1) of the Food and Environment Protection Act 1985 which consent was subject to the condition that the sheep to which it applies should be marked with an apricot paint mark (article 5(2));

• (ii) to except from the prohibition on slaughter and supply of meat referred to at (c) above—

• (a) any sheep which has been marked (in accordance with such a consent) with an apricot paint mark on or after 9th January 1989 and which has been 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, or the Department of Agriculture for Northern Ireland (article 6(2)), and

• (b) any sheep which has been marked (in accordance with such a consent) with a green paint mark on or before 2nd October 1988 without the necessity of such sheep having been 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, or the Department of Agriculture for Northern Ireland (article 6(2)).

The exception to the prohibition on slaughter referred to at (a) above remains unchanged.

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.

[^f00003]: S.I. 1988/11, amended by S.I. 1988/964, 1353, 1675 and 1881.