The Food Protection (Emergency Prohibitions) (Contamination of Feeding Stuff) (Wales) Order 1990

Made: 12th January 1990

Laid before Parliament: 15th January 1990

Coming into force: 16th January 1990

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) Order 1990 and shall come into force on 16th January 1990.

• (2) In this Order—

• “the Act” means the Food and Environment Protection Act 1985;

• “designated area” means the farms, holdings and agricultural and other premises described in the Schedule;

• “feeding stuff” does not include milk or milk products;

• “food” does not include milk or milk products;

• “slaughterhouse” has the same meaning as in section 34 of the Slaughterhouses Act 1974[^f00002]

• (3) Any reference in this Order to a numbered article or “the Schedule” shall be construed as a reference to the article bearing that number in this Order or the Schedule to this Order.

Designated incident

2

In the opinion of the Secretary of State, food in the areas described in the Schedule is, or may be, or may become, unsuitable for human consumption in conse*quence of the escape of lead into material used in the manufacture of imported animal feeding stuff.

Designated area

3

The areas described in the Schedule 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) prepare or process for supply to purchasers or others any food or feeding stuff from which food could be derived, being in each case food or feeding stuff derived from cattle that were in the designated area on or after 8th November 1989; or

• (b) 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 or which is derived from cattle that were in the designated area on or after 8th November 1989.

Prohibitions on movement

5

No person shall move from any farm, holding, agricultural or other premises described in the Schedule any cattle from which meat or any other food for human consumption may be derived.

Prohibitions throughout the United Kingdom

6

No person shall, in the United Kingdom—

• (a) subject to article 8, slaughter for human consumption or for use in the prepa*ration of feeding stuff any cattle that were in the designated area on or after 8th November 1989;

• (b) subject to article 8, supply or have in possession for supply any meat or other food derived from cattle that were in the designated area on or after 8th November 1989;

• (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 and which was taken from the designated area on or after 8th November 1989; 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(a).

Application of Order in relation to sheep and goats and certain things derived therefrom

7

• (1) The provisions of articles 4 to 6 shall have effect as regards the farms, holdings and agricultural and other premises described in Part II of the Schedule by substituting for the word “cattle” wherever it occurs in those articles the words “sheep or goats”.

• (2) Where any farms, holdings or agricultural or other premises are described in both Part I and Part II of the Schedule, articles 4 to 6 and 7(1) shall apply in relation to them.

Exceptions to prohibitions

8

• (1) Notwithstanding the prohibitions in articles 6(a) and 7(1), a person may slaughter any cattle, sheep or goats in respect of which a consent has been given under section 2(1) of the Act to the doing of everything prohibited by this Order.

• (2) Notwithstanding the prohibitions in articles 6(b) and 7(1), an occupier of a slaughterhouse may supply or have in possession for supply any meat or other food derived from cattle, sheep or goats in respect of which a consent has been given under section 2(1) of the Act to the doing of everything prohibited by this Order.

• (3) Notwithstanding the prohibitions in articles 6(b) and 7(1), but subject to paragraph (4) below, where any meat or other food derived from cattle, sheep or goats has been lawfully supplied to a person under the Act, that person may supply or have in possession for supply any such food or any food derived therefrom.

• (4) Paragraph (3) above shall not apply to an occupier of a slaughterhouse.

Revocation

9

The Food Protection (Emergency Prohibitions) (Contamination of Feeding Stuff) (Wales) (No. 4) Order 1989[^f00003] is revoked.

SCHEDULE — THE DESIGNATED AREA

PART I — APPLICATION OF CONTROLS IN RELATION TO CATTLE AND CERTAIN THINGS DERIVED THEREFROM

PART II — APPLICATION OF CONTROLS IN RELATION TO SHEEP AND GOATS AND CERTAIN THINGS DERIVED THEREFROM

Signed

Signed by authority of the Secretary of State for Wales

Ian Grist — Parliamentary Under Secretary of State, Welsh Office — 12th January 1990

Explanatory note

(This note is not part of the Order)

This Order replaces the Food Protection (Emergency Prohibitions) (Contamination of Feeding Stuff) (Wales) (No. 4) Order 1989. 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 material used in the manufacture of imported animal feeding stuff.

The Order designates certain farms, holdings and agricultural and other premises in Wales within which certain activities are prohibited (articles 3, 4 and 7 and the Schedule). Movement of cattle, sheep and goats from any of these areas is controlled (articles 5 and 7) and certain other prohibitins extend throughout the United Kingdom (articles 6 and 7). Provision is made for certain exceptions to the prohibitions in the Order (article 8).

This Order makes the following changes of substance:—

• (a) certain farms, holdings and premises are removed from the designated area and some corrections are made to the description of areas already designated (article 3 and the Schedule);

• (b) all prohibitions relating to milk and milk products have been omitted;

• (c) a further exception to the prohibition in articles 6(b) and 7(1) of the Order is introduced (article 8(2)).

The Order also makes certain drafting changes.

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]: 1974 c. 3

[^f00003]: S.I. 1989/2269