The Food Protection (Emergency Prohibitions) Amendment Order 1987

Order made by the Secretary of State, laid before Parliament under section 1(8) of the Food and Environment Protection Act 1985, for approval by resolution of each House of Parliament within twenty-eight days beginning with the date on which the Order was made, subject to extension for periods of dissolution, prorogation or adjournment for more than four days.

Statutory Instruments

1987 No. 1567

PUBLIC HEALTH, ENGLAND AND WALES

PUBLIC HEALTH, SCOTLAND

PUBLIC HEALTH, NORTHERN IRELAND

CONTAMINATION OF FOOD

The Food Protection (Emergency Prohibitions) Amendment Order 1987

Made

4th September 1987

Laid before Parliament

7th September 1987

Coming into force

7th September 1987

Whereas the Secretary of State is of the opinion, as mentioned in section 1(1)(a) of the Food and Environment Protection Act 1985(1), that there has been or may have been an escape of substances of such descriptions and in such quantities and such circumstances as are likely to create a hazard to human health through human consumption of food;

And whereas he is of the opinion, as mentioned in section 1(1)(b) of the said Act, that in consequence of the said escape of substances, food which is, or may be in the future, in the areas described in the Schedule to the principal Order or which is, or may be in the future, derived from anything in those areas, is, or may be, or may become, unsuitable for human consumption;

Now, therefore, in exercise of the powers conferred on him by sections 1(1) and (2) and 24(1) and (3) of the said Act(2), and of all other powers enabling him in that behalf, he hereby makes the following Order:

Title, commencement and interpretation

1.—(1) This Order may be cited as the Food Protection (Emergency Prohibitions) Amendment Order 1987 and shall come into force on 7th September 1987.

(2) In this Order the “principal Order” means the Food Protection (Emergency Prohibitions) Order 1987(3).

Designated incident

2.  In the opinion of the Secretary of State, food in the areas described in the Schedule to the principal Order, or which is derived from anything in those areas, is or may be unsuitable for human consumption in consequence of the following escape of substances:—

the escape on or after 26th April 1986 of radioactive substances from a nuclear reactor situated at Chernobyl in the Ukraine, USSR.

Amendment of the principal Order

3.—(1) Article 4 of the principal Order shall be re-numbered article 4(1) and after that paragraph there shall be inserted the following paragraph:—

“(2)  Paragraph (1) above shall not apply in the case of any sheep which—

(a) was moved from any place in accordance with a consent given under section 2(1) of the Food and Environment Protection Act 1985 which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark, or with a green mark; and

(b) has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers.”.

(2)  Article 5 of the principal Order shall be re-numbered article 5(1) and after that paragraph there shall be inserted the following paragraph:—

“(2)  Paragraph (1) above shall not apply in the case of any sheep which was movedfrom any place in accordance with a consent given under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark, or with a green mark.”.

(3)  Article 6 of the principal Order shall be re-numbered article 6(1) and after that paragraph there shall be inserted the following paragraph:—

“(2)  Paragraph (1) above shall not apply in the case of any sheep which—

(a) has been moved in accordance with a consent given under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark, or with a green mark; and

(b) has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers.”.

J.W.L. Lonie

Assistant Secretary,Scottish office

New St. Andrew’s House,

Edinburgh

4th September 1987

Explanatory Note

(This note is not part of the Order)

The Food Protection (Emergency Prohibitions) Order 1987 (“the principal Order”) 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 Ukraine, USSR.

This Order excepts certain sheep from the following prohibitions imposed by the principal Order:—

(a) the prohibition on slaughter of sheep in any of the designated areas (article 3(1));

(b) the prohibition on movement (article 3(2));

(c) the prohibition applying throughout the United Kingdom on the slaughter of, and the supply of meat derived from, sheep which have been in the designated areas (article 3(3)).

In article 3(2) an exception is made in respect of sheep which have been marked with an apricot or a green mark. In article 3(1) and (3) exceptions are made in respect of sheep which have been so marked and which have in addition been examined and marked with an ear-tag by a person authorised by the Minister of Agriculture, Fisheries and Food or the Secretary of State for Scotland or Wales.

(1)

1985 c. 48.

(2)

Section 24(1) contains a definition of “the Ministers” relevant to the exercise of the statutory powers under which this Order is made.

(3)

S.I. 1987/1165.