The Food Protection (Emergency Prohibitions) (Lead in Cattle) (England) (No. 2) Order 1990

Order made by the Minister of Agriculture, Fisheries and Food, 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 day on which the Order was made, subject to extension for periods of dissolution, prorogation or adjournment for more than four days.

Statutory Instruments

1990 No. 2582

PUBLIC HEALTH, ENGLAND AND WALES

CONTAMINATION OF FOOD

The Food Protection (Emergency Prohibitions) (Lead in Cattle) (England) (No. 2) Order 1990

Made

18th December 1990

Laid before Parliament

19th December 1990

Coming into force

19th December 1990

The Minister of Agriculture, Fisheries and Food, in exercise of the powers conferred on him by section 1(1) and (2) and section 24(1) and (3) of the Food and Environment Protection Act 1985(1), and of all other powers enabling him in that behalf, being of the opinion that there exist or may exist circumstances which are likely to create a hazard to human health through human consumption of food and that in consequence food which is derived or may be in the future derived from cattle in the area described in the following Order, is, or may be, or may become, unsuitable for human consumption, hereby makes the following Order:

Title and commencements

1.  This Order may be cited as the Food Protection (Emergency Prohibitions) (Lead in Cattle) (England) (No. 2) Order 1990 and shall come into force on 19th December 1990.

Designated circumstances

2.  In the opinion of the Minister of Agriculture, Fisheries and Food, cattle in the area designated in article 3 below may have eaten lead or other poisonous metal and are likely to create a hazard to human health if their meat is consumed.

Designated area

3.  The area described in the Schedule to this Order is hereby designated for the purposes of Part I of the Food and Environment Protection Act 1985.

Prohibitions on movement

4.—(1) No person shall move from the designated area any cattle.

(2) No person shall move from the designated area any meat derived from any such cattle.

(3) No person shall move from the designated area any product (other than milk) derived from any such cattle which could be used as feedingstuffs for animals intended for human consumption.

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 18th December 1990.

L.S.

John Selwyn Gummer

Minister of Agriculture, Fisheries and Food

Article 3

SCHEDULE THE DESIGNATED AREA

• PRESTON FARM,

• PRESTON BOWYER,

• MILVERTON,

• NEAR TAUNTON,

• SOMERSET.

Explanatory Note

(This note is not part of the Order)

This Order prohibits the movement of certain cattle and any meat or feedingstuffs (except milk) derived from them from a designated area (articles 3 and 4 and the Schedule). They are likely to create a hazard to human health because they may be contaminated (article 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.

(1)

1985 c. 48; section 1 was amended by section 51 of the Food Safety Act 1990 (c. 16), and section 24(1) was amended by paragraph 29 of Schedule 3 to that Act; section 1(2) defines authority and section 24(1) defines Ministers