The Food Protection (Emergency Prohibitions) (Heavy Metal Poisoning) (England) Order 1990

Made: 10th August 1990

Laid before Parliament: 10th August 1990

Coming into force: 11th August 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[^f00001], 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 described in the Schedule to 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 and commencement

1

This Order may be cited as the Food Protection (Emergency Prohibitions) (Heavy Metal Poisoning) (England) Order 1990 and shall come into force on 11th August 1990.

Designated circumstances

2

In the opinion of the Minister of Agriculture, Fisheries and Food, animals in the area designated in article 3 below may have eaten zinc chromate or other poisonous heavy metal and are likely to create a hazard to human health if they are consumed.

Designated area

3

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

Prohibitions on movement

4

No person shall move any animals or anything derived from them from the designated area.

SCHEDULE — THE DESIGNATED AREA

• Bramley Grange Farm

• Thorner

• Leeds

Signed

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on

Trumpington — Minister of State, Ministry of Agriculture, Fisheries and Food — 10th August 1990.

Explanatory note

(This note is not part of the Order)

This Order prohibits the movement of animals and anything derived from them from a designated area (articles 3 and 4 and the Schedule). They are likely to create a hazard to human health because they may be contaminated (article 2).

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; 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.