Food and Environment Protection Act 1985

Emergency orders etc. U.K.

1 Power to make emergency orders. U.K.

(1) If in the opinion of the designating authority—

[F1 (a) there exist or may exist circumstances which are likely to create a hazard to human health through human consumption of food;]and

(b) in consequence food which is or may be in the future in an area—

(i) of land in the United Kingdom ;

(ii) of sea within British fishery limits ; or

(iii) both of such land and of such sea,

or which is or may be in the future derived from anything in such an area, is, or may be, or may become, unsuitable for human consumption,

that designating authority may by statutory instrument make an order designating that area and containing emergency prohibitions.

(2) In this Act—

• [F2 “ F2 designating authority” in relation to England and Wales means [F3 the Secretary of State] and, in relation to Scotland and the Scottish zone means the [F4 Scottish Ministers]; and the functions of that authority in relation to Scotland and the Scottish zone shall be treated as exercisable in or as regards Scotland and may be exercised separately]

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

• “emergency order” means an order under this section—

(a) which designates an area; or

(b) which amends or re-enacts an order which designated an area;

• “emergency prohibitions” means the prohibitions specified in Schedule 1 to this Act; F6 . . .

• “designated area” means an area designated by an emergency order [F7 ; and.

“Scottish zone” has the meaning assigned to it by section 126(1) of the Scotland Act 1998.]

(3) Food derived from any creature is to be treated for the purposes of this Act as also derived—

(a) from any feeding stuff which that creature has eaten ; and

(b) from anything from which any feeding stuff was derived,

and references in this Act to anything from which food could be derived shall be construed accordingly.

(4) [F8 A designating authority may]by order made by statutory instrument amend Schedule 1 to this Act.

[F9 (5) An emergency order shall refer to the circumstances or suspected circumstances in consequence of which in the opinion of the designating authority making it food such as is mentioned in subsection (1)(b) above is, or may be, or may become, unsuitable for human consumption; and in this Act “designated circumstances” means the circumstances or suspected circumstances to which an emergency order refers in pursuance of this subsection.]

(6) Subject to subsection (7) below, and to section 2(2) below, any person who—

(a) contravenes an emergency prohibition ; or

(b) causes or permits any other person to do so,

shall be guilty of an offence.

(7) It shall be a defence for a person charged—

(a) with contravening an emergency prohibition contained in an emergency order by virtue of paragraph 2 or 3 of Schedule 1 to this Act ; or

(b) with causing or permitting any other person to contravene such a prohibition,

to show—

(i) that the contravention took place on a foreign vessel, foreign aircraft, foreign hovercraft or foreign marine structure ; and

(ii) that nothing to which the prohibition related was landed from it in the United Kingdom.

(8) An emergency order—

(a) shall be laid before Parliament ; and

(b) shall cease to have effect at the expiry of a period of 28 days beginning with the date on which it was made unless, before the expiry of that period, the order has been approved by resolution of each House of Parliament, but without prejudice to anything previously done or to the making of a new order.

(9) In reckoning for the purposes of subsection (8) above any period of 28 days, no account shall be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.

(10) An order under this section which—

(a) wholly or partly revokes an emergency order ; and

(b) does nothing else, or nothing else except make provision incidental or supplementary to the revocation,

shall be laid before Parliament after being made.

(11) No order under subsection (4) above shall be made unless a draft of the order has been laid before and approved by resolution of each House of Parliament.

[F10 (12) Where an order under this section is made by the Scottish Ministers, or is made on their behalf by the Food Standards Agency in accordance with an arrangement made under section 17 of the Food Standards Act 1999 F11 , this section shall have effect subject to the following modifications–

(a) any reference to Parliament or to a House of Parliament shall be construed as a reference to the Scottish Parliament; and

(b) in subsection (9), for “Parliament is dissolved or prorogued or during which both Houses are adjourned” there shall be substituted “the Scottish Parliament is dissolved or is in recess”.]

Textual Amendments

F1 S. 1(1)(a) substituted (retrosp.) by Food Safety Act 1990 (c. 16, SIF 53:1, 2), ss. 51(1)(2)(a), 54

F2 Words in s. 1(2) substituted (30.6.1999) by S.I. 1999/1756, art. 2, Sch. para. 10(2) (with art. 8); S.I. 1998/3178

F3 Words in s. 1(2) substituted (1.4.2000) by 1999 c. 28 s. 40(1)(2), Sch. 5 para. 6(3) (with s. 38, 40(2)); S.I. 2000/1066, art. 2

F4 Words in s. 1(2) substituted (27.7.2000) by S.I. 2000/2040, art. 2, Sch. Pt. I para. 12

F5 Definition of “escape” repealed (retrosp.) by Food Safety Act 1990 (c. 16, SIF 53:1, 2), ss. 51(1)(2)(b), 54, 59(4), Sch. 5; and expressed to be repealed (N.I.) (21.5.1991) by S.I. 1991/762 (N.I. 7), art. 51(4), Sch. 4; S.R. 1991/175, art. 2(1).

F6 Words in s. 1(2) repealed (30.6.1999) by S.I. 1999/1756, art. 2, Sch. para. 10(3) (with art. 8); S.I. 1998/3178

F7 Words in s. 1(2) inserted (30.6.1999) by S.I. 1999/1756, art. 2, Sch. para. 10(3) (with art. 8); S.I. 1998/3178

F8 Words in s. 1(4) substituted (30.6.1999) by S.I. 1999/1756, art. 2, Sch. para. 10(4) (with art. 8); S.I. 1998/3178

F9 S. 1(5) substituted (retrosp.) by Food Safety Act 1990 (c. 16, SIF 53:1, 2), ss. 51(1)(2)(c), 54

F10 S. 1(12) inserted (27.7.2000) by S.I. 2000/2040, art. 2, Sch. Pt. I para. 12

F11 1999 c.28.

Modifications etc. (not altering text)

C1 S. 1(1) amended (1.4.2000) by 1999 c. 28, s. 17(1)(a), (with s. 38); S.I. 2000/1066, art. 2

2 Powers of Ministers when emergency order has been made. U.K.

(1) [F12 A designating authority][F13 or the Food Standards Agency] may consent, either unconditionally or subject to any condition that [F14 the authority giving the consent] considers appropriate, to the doing in a particular case of anything prohibited by an emergency order.

(2) It shall be a defence for a person charged with an offence under section 1(6) above to show—

(a) that consent had been given under subsection (1) above to the contravention of the emergency prohibition ; and

(b) that any condition subject to which that consent had been given was complied with.

(3) [F12 A designating authority][F15 or the Food Standards Agency]—

(a) may give any person such directions as appear to [F16 the authority giving the directions] to be necessary or expedient for the purpose of preventing human consumption of food which [F16 the authority giving the directions] believes, on reasonable grounds, is, or may be, or may become, unsuitable for human consumption in consequence of [F17 designated circumstances]; and

(b) may do anything which appears to [F12 the designating authority][F18 or the Agency (as the case may be)]to be necessary or expedient for that purpose ;

and such directions may be given and such action may be taken after the emergency order has ceased to be in force.

(4) Any person who—

(a) fails to comply with a direction under this section ; or

(b) causes or permits any other person to do so,

shall be guilty of an offence.

(5) If [F12 a designating authority][F19 or the Food Standards Agency]does anything by virtue of this section in consequence of a failure on the part of any person to comply with such a direction, [F20 the authority taking that action] may recover from that person any expenses reasonably incurred by [F21 that authority] under this section.

(6) If [F12 a designating authority][or the Food Standards Agency]does anything by virtue of this section in consequence of any person causing or permitting another person to fail to comply with such a direction, [F20 the authority taking that action] may recover from the person who caused or permitted the failure to comply any expenses reasonably incurred by [F21 that authority] under this section.

Textual Amendments

F12 Words in s. 2 substituted (30.6.1999) by S.I. 1999/1756, art. 2, Sch. para. 10(5) (with art. 8); S.I. 1998/3178

F13 Words in s. 2(1) inserted (1.4.2000) by 1999 c. 28, s. 40(1)(2), Sch. 5 para. 6(4)(a)(i) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F14 Words in s. 2(1) substituted (1.4.2000) by 1999 c. 28, s. 40(1)(2), Sch. 5 para. 6(4)(a)(ii) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F15 Words in s. 2(3) inserted (1.4.2000) by 1999 c. 28, s. 40(1)(2), Sch. 5 para. 6(4)(b)(i) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F16 Words in s. 2(3) substituted (1.4.2000) by 1999 c. 28, s. 40(1)(2), Sch. 5 para. 6(4)(b)(ii) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F17 Words substituted (retrosp.) by Food Safety Act 1990 (c. 16, SIF 53:1, 2), ss. 51(1)(2)(d), 54

F18 Words in s. 2 inserted (1.4.2000) by 1999 c. 28, s. 40(1)(2), Sch. 5 para. 6(4)(b)(iii) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F19 Words in s. 2(5)(6) inserted (1.4.2000) by 1999 c. 28, s. 40(1)(2), Sch. 5 para. 6(4)(c)(i) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F20 Words in s. 2(5)(6) substituted (1.4.2000) by 1999 c. 28, s. 40(1)(2), Sch. 5 para. 6(4)(c)(ii) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

F21 Words in s. 2(5)(6) substituted (1.4.2000) by 1999 c. 28, ss. 40(1)(2), Sch. 5 para. 6(4)(c)(iii) (with ss. 38, 40(2)); S.I. 2000/1066, art. 2

Modifications etc. (not altering text)

C2 S. 2 amended (1.4.2000) by 1999 c. 28, s. 18, Sch. 3 Pt. III para. 16(2) (with s. 38); S.I. 2000/1066, art. 2