The Food Protection (Emergency Prohibitions) (Contamination of Feeding Stuff) (England) (No. 3) Order 1989

Explanatory Note

(This note is not part of the Order)

This Order consolidates with amendments the Food Protection (Emergency Prohibitions) (Contamination of Feeding Stuff) (England) (No. 2) Order 1989, as amended. It contains emergency prohibitions restricting various activities in order to prevent human consumption of food rendered unsuitable for that purpose in consequence of the escape of lead into imported animal feeding stuff.

The Order designates certain farms, holdings, agricultural and other premises in England within which certain activities are prohibited (articles 3 and 4 and the Schedule). Movement of cattle and food from any of these areas is controlled (article 5) and certain other restrictions extend throughout the United Kingdom (article 6).

This Order makes the following changes of substance –

(a) further farms, holdings, and premises (shown in italics in the Schedule) are designated, certain other farms, holdings and premises are removed from the designated area and some corrections are made to the description of areas already designated (article 3 and the Schedule);

(b) the prohibition in the designated area on preparing or processing for supply anything from which food could be derived is limited to anything derived from cattle (article 4(b));

(c) the restriction throughout the United Kingdom on feeding to any creature certain feeding stuffs is limited to creatures from which food may be derived (article 6(c));

(d) the exception to the restrictions in article 6(b) is revised (article 7(3)).

Under section 21 of the Food and Environment Protection Act 1985 the penalty for contravening and 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.