The Food Protection (Emergency Prohibitions) (Wales)(No. 5) Order 1987

Explanatory Note

(This note is not part of the Order)

This Order revokes and re-enacts without modification the Food Protection (Emergency Prohibitions) (Wales) (No. 4) Order 1987 as amended by S.I. 1987/1682 and /1802. It contains emergency prohibitions restricting various activities in order to prevent human consumption of food which has been or which may have been rendered unsuitable for that purpose in consequence of the escape of radioactive substances from a nuclear reactor situated at Chernobyl in the USSR.

The Order designates areas of land in Wales affected by the escape from which the movement of sheep, and in which the slaughter of sheep, are prohibited (articles 3, 4, 5(1) and the Schedule). The prohibition on slaughter in the designated areas does not apply to any sheep identified by a red paint mark which have been examined and subsequently marked by an ear-tag by a person authorised by the Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland, the Secretary of State for Wales or the Department of Agriculture for Northern Ireland (article 4(2)). Movement into a designated area of sheep which have been removed from it or from a similarly designated area elsewhere in the United Kingdom (other than sheep which have been identified by a red paint mark, and moved, in accordance with a Ministerial consent) is prohibited (article 5(2)).

• Restrictions on the slaughter of sheep which were—

  (a)

  in any of the designated areas numbered 1, 2 and 3 in the Schedule after 11 a.m. on 20th June 1986;

  (b)

  in the designated area numbered 4 in the Schedule after 9th July 1987;

  (c)

  in any of the designated areas numbered 5, 6, 7 and 8 in the Schedule after 10th August 1987;

  (d)

  in any of the designated areas numbered 9, 10, 11 and 12 in the Schedule after 27th August 1987; and

  (e)

  in any of the designated areas numbered 13, 14 and 15 in the Schedule after 17th September 1987,

  and the supply of meat derived from such sheep, extend throughout the United Kingdom (article 6(1)). This order replaces restrictions which—

  (a)

  as regards the areas mentioned in (a) above have been in force since 11 a.m. on 20th June 1986,

  (b)

  as regards the area mentioned in (b) above have been in force since 10th July 1987,

  (c)

  as regards the areas mentioned in (c) above have been in force since 11th August 1987,

  (d)

  as regards the areas mentioned in (d) above have been in force since 28th August 1987, and

  (e)

  as regards the areas mentioned in (e) above have been in force since 18th September 1987.

• The said restrictions on slaughter and supply imposed by article 6(1) shall not apply to any sheep—

  (a)

  which has been moved unmarked to a market in accordance with a Ministerial consent;

  (b)

  identified by a blue paint mark and which has been moved in accordance with a Ministerial consent given on or before 21st December 1986;

  (c)

  identified by an apricot paint mark and which has been moved in accordance with a Ministerial consent given on or before 26th July 1987; or

  (d)

  identified by a red, green or blue paint mark which has been examined and subsequently marked with an ear-tag by a person authorised by the Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland, the Secretary of State for Wales or the Department of Agriculture for Northern Ireland and which has been moved in accordance with a Ministerial consent, in the case of sheep identified by a blue paint mark only if such a consent has been given on or after 28th September 1987 (article 6(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.

Maps showing the designated areas are available for inspection during normal office hours at the offices of the Welsh Office Agriculture Department at Penrallt, Caernarfon, Gwynedd LL55 1EP; Government Buildings, Spa Road East, Llandrindod Wells, Powys LD1 5HA; Station Road, Ruthin, Clwyd LL15 1BP and Cathays Park, Cardiff, South Glamorgan CF1 3NQ.