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 day on which the Order was made, subject to extension for periods of dissolution, prorogation or adjournment for more than four days.
1991 No. 1863
PUBLIC HEALTH, ENGLAND AND WALES
CONTAMINATION OF FOOD

The Food Protection (Emergency Prohibitions) (Poisonous Substances in Cattle) (Wales) Order 1991

Made
Laid before Parliament
Coming into force
The Secretary of State, 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 19851, 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 commencement1.

This Order may be cited as the Food Protection (Emergency Prohibitions) (Poisonous Substances in Cattle) (Wales) Order 1991 and shall come into force on 16th August 1991.

Designated circumstances2.

In the opinion of the Secretary of State, cattle in the area designated in article 3 below may have ingested polychlorinated biphenyls or other poisonous substances and are likely to create a hazard to human health if food derived from them is consumed.

Designated area3.

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 movement4.

–

(1)

No person shall move any cattle from the designated area.

(2)

No person shall move from the designated area any food derived from cattle which are or have been in the designated area.

(3)

No person shall move from the designated area any product–

(a)

which could be used as a feeding stuff for animals intended for human consumption; and

(b)

which has been derived from any cattle which are or have been in the designated area.

Signed by authority of the Secretary of State for Wales

Nicholas Bennett
Parliamentary Under Secretary of State, Welsh Office

SCHEDULETHE DESIGNATED AREA

Article 3

  • Pantyffynnon Farm,

  • Mynyddislwyn,

  • Gwent.

(This note is not part of the Order)

This Order prohibits the movement of cattle and any food or feeding stuffs derived from them from a designated area in Wales (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.