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.

Statutory Instruments

1991 No. 20

PUBLIC HEALTH, ENGLAND AND WALES

PUBLIC HEALTH, SCOTLAND

PUBLIC HEALTH, NORTHERN IRELAND

CONTAMINATION OF FOOD

The Food Protection (Emergency Prohibitions) (Radioactivity in Sheep) Order 1991

Made

10th January 1991

Laid before Parliament

11th January 1991

Coming into force

14th January 1991

Whereas the Secretary of State is of the opinion, as mentioned in section 1(1) of the Food and Environment Protection Act 1985(1), 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, or may be in the future, derived from sheep in the areas described in Schedule 1 to the following Order 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:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Food Protection (Emergency Prohibitions) (Radioactivity in Sheep) Order 1991 and shall come into force on 14th January 1991.

(2) In this Order—

“the Act” means the Food and Environment Protection Act 1985;

“designated areas” means the areas described in Schedule 1 to this Order;

“sheep” means an animal of the genus Ovis of whatever age or sex.

Designated circumstances

2.  In the opinion of the Secretary of State food which is, or may be in the future, derived from sheep in any of the designated areas is, or may be, or may become unsuitable for human consumption in consequence of the elevated levels of radioactivity found in the designated areas following the escape on or after 26th April 1986 of radioactive substances from a nuclear powered reactor situated at Chernobyl in the Ukraine, USSR.

Designated areas

3.  The areas described in Schedule 1 to this Order are hereby designated for the purposes of Part I of the Act.

Activities prohibited in the designated areas

4.  No person shall in any of the designated areas slaughter any sheep for human consumption or for use in the preparation of feeding stuffs from which food could be derived.

Restrictions on movement

5.—(1) No person shall move any sheep from any farm, agricultural holding or agricultural premises in any of the designated areas.

(2) No person shall move into any of the designated areas any sheep which has been removed from those areas or from any area which is at the time of the removal designated by an order under section 1 of the Act which refers to the circumstances described in article 2 of this Order, except any sheep which was moved from any place in accordance with a consent given under section 2(1) of the Act which consent was subject to the condition that the sheep to which it applies should be marked with a green, blue or apricot mark.

Restrictions throughout the United Kingdom

6.—(1) No person shall in the United Kingdom—

(a)slaughter for human consumption or for use in the preparation of feeding stuffs any sheep which was in a designated area described in Part I of Schedule 1 to this Order at any time after 8th July 1987 or in a designated area described in Part II of that Schedule at any time after 12th August 1987; or

(b)supply, or have in possession for supply, any meat derived from a sheep or any food which contains any such meat, if that sheep was in a designated area described in Part I of Schedule 1 to this Order at any time after 8th July 1987 or in a designated area described in Part II of that Schedule at any time after 12th August 1987.

(2) Paragraph (1) above shall not apply in the case of—

(a)any sheep which was moved from a designated area in accordance with a consent given under section 2(1) of the Act which consent did not require that sheep to be marked and did not require that sheep to be returned to one of the designated areas;

(b)any sheep which—

(i)was moved from a designated area in accordance with a consent given under the said section 2(1) which consent required that the sheep to which it applied should be marked with a paint mark; and

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

(c)any sheep—

(i)which was moved from a designated area in accordance with a consent issued under the said section 2(1); and

(ii)which was marked with a blue paint mark in accordance with that consent,

on or after 1st April of the year following the year in which it was so marked;

(d)any sheep—

(i)which was moved from a designated area in accordance with a consent issued under the said section 2(1); and

(ii)which was marked with an apricot paint mark in accordance with that consent,

on or after 1st August of the year in which it was so marked; and

(e)any sheep—

(i)which was moved from a designated area in accordance with a consent issued under the said section 2(1); and

(ii)which was marked with a green paint mark in accordance with that consent,

on or after 1st December of the year in which it was so marked.

Revocation

7.  The Orders specified in Schedule 2 are hereby revoked.

I. W. Gordon

Assistant Secretary, Scottish Office

St. Andrew’s House,

Edinburgh

10th January 1991

Article 3

SCHEDULE 1THE DESIGNATED AREAS

PART I

Dumfries and Galloway Region

1.  The area of land within Nithsdale District comprising that part of the Parish of New Abbey bounded as follows:—

2.  The area of land within Stewartry District comprising that part of the Parish of Kirkgunzeon bounded as follows:—

Part II

Dumfries and Galloway Region

1.—(a) The area of land within Stewartry District comprising that part of the Parish of Dunscors bounded as follows:—

Strathclyde Region

2.—(a) The area of land within Cumnock and Doon Valley District comprising that part of the Parish of Sorn bounded as follows:—

Central Region

3.—(a) The area of land within Stirling District comprising that part of the Parish of Killin bounded as follows:—

Article 7

SCHEDULE 2REVOCATIONS

(1)(2)
Orders revokedReferences
The Food Protection (Emergency Prohibitions) (No. 4) (Amendment) Order 1986S.I. 1986/1232
The Food Protection (Emergency Prohibitions) (No. 4) (Amendment No. 2) Order 1986S.I. 1986/1321
The Food Protection (Emergency Prohibitions) (No. 8) Partial Revocation Order 1986S.I. 1986/1688
The Food Protection (Emergency Prohibitions) (No. 8) Partial Revocation (No. 2) Order 1986S.I. 1986/1720
The Food Protection (Emergency Prohibitions) (No. 10) Revocation Order 1987S.I. 1987/270
The Food Protection (Emergency Prohibitions) Amendment Order 1988S.I. 1988/964
The Food Protection (Emergency Prohibitions) Amendment No. 3 Order 1988S.I. 1988/1675
The Food Protection (Emergency Prohibitions) Amendment No. 4 Order 1988S.I. 1988/1881
The Food Protection (Emergency Prohibitions) Order 1989S.I. 1989/3
The Food Protection (Emergency Prohibitions) Amendment Order 1989S.I. 1989/655
The Food Protection (Emergency Prohibitions) Amendment (No. 2) Order 1989S.I. 1989/1281
The Food Protection (Emergency Prohibitions) Amendment No. 3 Order 1989S.I. 1989/1764
The Food Protection (Emergency Prohibitions) Amendment Order 1990S.I. 1990/32
The Food protection (Emergency Prohibitions) Amendment (No. 2) Order 1990S.I. 1990/1155
The Food Protection (Emergency Prohibitions) Amendment (No. 3) Order 1990S.I. 1990/1535
The Food Protection (Emergency Prohibitions) Amendment (No. 4) Order 1990S.I. 1990/1949

Explanatory Note

(This note is not part of the Order)

This Order consolidates with amendments the Food Protection (Emergency Prohibitions) Order 1989, as amended.

The Order contains emergency prohibitions on various activities in order to prevent human consumption of food which is derived from sheep in designated areas in Scotland and which has been or may have been rendered unsuitable for human consumption in consequence of the elevated levels of radioactivity found in those areas following the escape of radioactive substances from a nuclear reactor situated at Chernobyl in the USSR.

The designated areas in Scotland are described (article 3 and Schedule 1). Within those areas the slaughter of sheep is prohibited (article 4). Movement of sheep from farms, holdings and agricultural premises in the designated areas is prohibited (article 5(1)), and movement of sheep into those areas is controlled (article 5(2)). Prohibitions on the slaughter of sheep from the designated areas and the supply of meat derived from such sheep extend throughout the United Kingdom, subject to exceptions (article 6).

The principal changes of substance effected by this Order are—

(a)a reduction in the size of the designated areas in Scotland (article 3 and Schedule 1);

(b)the removal of the exception to the prohibition on slaughter of sheep within the designated areas (article 4);

(c)a revision of the exceptions to the prohibitions throughout the United Kingdom on the slaughter of sheeep from the designated areas and the supply of meat derived from such sheep (article 6(2)); in particular—

(i)the prohibitions do not apply in the case of any sheep moved from those areas in accordance with a consent given under section 2(1) of the Food and Environment Protection Act 1985 (“the 1985 Act”), regardless of the date of the consent, if the consent was subject to the condition that the sheep should be marked with a paint mark, and the sheep has been examined and marked with an ear-tag by a person authorised by the Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland or Wales or the Department of Agriculture for Northern Ireland (article 6(2)(b));

(ii)a fixed timetable for exceptions to these prohibitions is introduced in the case of any sheep moved from those areas in accordance with a consent given under section 2(1) of the 1985 Act and marked with a blue, apricot or green paint mark in accordance with that consent (article 6(2)(c) to (e)).

The Order also makes certain drafting changes.

Under section 21 of the 1985 Act the penalty for contravening an emergency prohibition is—

(a)on summary convicition, 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).

(2)

Section 1(2) defines “designating authority” and section 24(1) contains a definition of “the Ministers” relevant to the exercise of the statutory powers under which this Order is made.