The Diseases of Animals (Protein Processing) (Amendment) Order 1989

Statutory Instruments

1989 No. 139

ANIMALS

ANIMAL HEALTH

The Diseases of Animals (Protein Processing) (Amendment) Order 1989

Made

1st February 1989

Coming into force

2nd February 1989

The Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales, acting jointly, in exercise of the powers conferred on them by sections 1, 8(1), 72 and 86(1) of the Animal Health Act 1981(1) and of all other powers enabling them in that behalf, hereby make the following Order:

Title and commencement

1.  This Order may be cited as the Diseases of Animals (Protein Processing) (Amendment) Order 1989 and shall come into force on 2nd February 1989.

Amendment of the Diseases of Animals (Protein Processing) Order 1981

2.  The Diseases of Animals (Protein Processing) Order 1981(2) shall be amended as follows–

(a) after paragraph (1) of article 6 there shall be inserted the following paragraph–

“(1A)   Without prejudice to paragraph (1) above, where the test of a sample of processed animal protein carried out under article 5(1) above shows that it does not conform with the required bacteriological standard a veterinary inspector may by notice in writing served on the owner or person in charge of premises from which the sample was taken inform him of the result of such test and prohibit the removal of any processed animal protein off those premises except under the authority of a licence granted by a veterinary inspector and in accordance with the conditions, if any, of that licence.”;

(b) for paragraph (2) of article 6, there shall be substituted the following paragraph–

“(2)   A veterinary inspector may vary, revoke or suspend a notice served or a licence granted under this Order by a further notice in writing, served on the person on whom the notice to be varied, revoked or suspended was served or, as the case may be, to whom the licence was granted.”; and

(c) in article 8, after the words “notice served” there shall be inserted “or licence granted”.

In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 1st February 1989.

L.S.

Trumpington

Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food

Sanderson of Bowden

Minister of State, Scottish Office

1st February 1989

Wyn Roberts

Minister of State, Welsh Office

1st February 1989

Explanatory Note

(This note is not part of the Order)

This Order amends the Diseases of Animals (Protein Processing) Order 1981 (“the 1981 Order”). It enables a veterinary inspector by notice to prohibit, except under licence, the removal of any processed animal protein off premises used for processing animal protein where the test of a sample carried out under the 1981 Order shows that the sample does not conform with the required bacteriological standard as defined in the 1981 Order (article 2).

(1)

1981 c. 22 as applied by S.I. 1975/1030; section 86(1) contains a definition of “the Ministers” relevant to the exercise of powers under which this Order is made.

(2)

S.I. 1981/676.