The Food (Animals and Animal Products from Belgium) (Emergency Control) (No.2) (Scotland) Order 1999

Explanatory Note

(This note is not part of the Order)

This Order, which applies to Scotland, revokes and re-enacts with certain changes, the Food (Animals and Animal Products from Belgium) (Emergency Control) (Scotland) Order 1999 (S.S.I.1999/14 ) (“the revoked Order”) and implements in Scotland, in relation to food and food sources–

• Commission Decision 1999/449/EC on protective measures with regard to contamination by dioxins of certain products of animal origin intended for human or animal consumption (OJ No. L175, 10.7.1999, p.70) and Commission Decision 1999/551/EC amending Decision 1999/449/EC on protective measures with regard to contamination by dioxins of certain products of animal origin intended for human consumption (OJ No. L209, 7.8.1999, p.42).

Like the revoked Order, this Order defines ‘relevant animal and animal product' (article 1(2)), prohibits (with exceptions (article 2)) the carrying out of commercial operations relating to relevant animal and animal products (article 3), specifies the enforcement authorities (article 4) and applies with modifications provisions of the Food Safety Act 1990 (article 5).

In addition to making minor and drafting changes to the revoked Order, the Order, by referring to Decision 1999/449/EC and Decision 1999/551/EC, makes the following changes of substance–

(a) it extends the coverage of the revoked Order so that it applies not just (as before) to live domestic fowls, hatching eggs and products derived from domestic fowls, pigs and bovine animals, but also to all other live poultry, and hatching eggs and products derived therefrom;

(b) the rearing periods, on the basis of which the controls described in paragraph (a) apply, now commence on 15th January 1999 and the closure dates previously applicable to pigs and bovine animals, and to products derived from them (3rd June 1999) and to live domestic fowls, and hatching eggs and products derived from them (1st June 1999), no longer apply;

(c) it varies the certification required for the importation from Belgium of products controlled by this Order; and

(d) it extends (to include fresh pig meat and beef meat, and derived products) the range of products in relation to which the controls contained in this Order do not apply where analysis shows that the level of contamination by dioxins does not exceed the relevant maximum level for PCB set out in Annex A to Decision 1999/449/EC as amended.