The Food (Animals and Animal Products from Belgium) (Emergency Control) (England and Wales) Order 1999

Explanatory Note

(This note is not part of the Order)

This Order, which applies to England and Wales, revokes in relation to those countries, and re-enacts with certain changes, the Food (Animals and Animal Products from Belgium) (Emergency Control) Order 1999 (S.I. 1999/1542) as amended by the Food (Animals and Animal Products from Belgium) (Emergency Control) (Amendment) Order 1999 (S.I. 1999/1763) (“the revoked Orders”) both of which applied to Great Britain, and implements in England and Wales, in relation to food and food sources–

• Commission Decision 1999/449/EC (“the Commission Decision”) on protective measures with regard to contamination by dioxins of certain products of animal origin intended for human or animal consumption (O.J. No. L175, 10.7.1999, p. 70) which revokes and re-enacts with changes Commission Decision 1999/363/EC (O.J. No. L141, 4.6.1999, p. 24) and Commission Decision 1999/389/EC (O.J. No. L147, 12.6.1999, p. 26) as amended, in both cases, by Commission Decision 1999/390/EC (O.J. No. L147, 12.6.1999, p. 29) and Commission Decision 1999/419/EC (O.J. No. L159, 25.6.1999, p. 60).

Like the revoked orders, this Order defines “relevant animal and animal product” (article 5), prohibits (with exceptions (article 2)) the carrying out of commercial operations relating to them (article 3), specifies the enforcement authorities (article 4) and applies with modifications provisions of the Food Safety Act 1990 (article 5).

In addition to making minor and drafting changes to the revoked Orders, the Order, by referring to the new Decision, makes the following changes of substance–

(a) which the new Decision continues, like its predecessor, to cover live domestic fowls, hatching eggs and products derived from domestic fowl, pigs or bovine animals–

(i) it now refers directly to products containing but not exclusively consisting of products of the fowl and animals concerned, but excludes egg whites,

(ii) the rearing period in relation to which continuing controls applicable to pigs and bovine animals and products derived from them apply is closed on 3rd June 1999, and

(iii) in relation to particular products, the controls contained in the Decision no longer apply where analysis shows that the level of contamination by dioxins does not exceed the relevant maximum level for PCB set out in Annex A to that Decision;

(b) there is a variation in the certification required for the importation of products from Belgium; and

(c) the circumstances in which controlled food products may be returned to Belgium now call for information in relation to the return to be exchanged between authorities by fax, and only apply where Belgian authorities are unable to certify the origin of suspect goods under the Decision.