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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Food Protection (Emergency Prohibitions) Amendment No.2 Order 1988 No. 1353 URL: http://www.bailii.org/uk/legis/num_reg/1988/uksi_19881353_en.html |
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Statutory Instruments
PUBLIC HEALTH, ENGLAND AND WALES
PUBLIC HEALTH, SCOTLAND
PUBLIC HEALTH, NORTHERN IRELAND
CONTAMINATION OF FOOD
Made
29th July 1988
Laid before Parliament
1st August 1988
Coming into force
1st August 1988
Whereas the Secretary of State is of the opinion, as mentioned in section 1(1)(a) of the Food and Environment Protection Act 1985(1), that there has been or may have been an escape of substances of such descriptions and in such quantities and such circumstances as are likely to create a hazard to human health through human consumption of food;
And whereas he is of the opinion, as mentioned in section 1(1)(b) of the said Act, that in consequence of the said escape of substances, food which is, or may be in the future, in the areas described in the Schedule to the principal Order, or which is, or may be in the future, derived from anything in those areas, 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:
1.-(1) This Order may be cited as the Food Protection (Emergency Prohibitions) Amendment No.2 Order 1988 and shall come into force on 1st August 1988.
(2) In this Order "the principal Order" means the Food Protection (Emergency Prohibitions) Order 1988((3)).
2. In the opinion of the Secretary of State, food in the areas described in the Schedule to the principal Order, or which is derived from anything in those areas, is or may be unsuitable for human consumption in consequence of the following escape of substances:- the escape on or after 26th April 1986 of radioactive substances from a nuclear reactor situated at Chernobyl in the Ukraine, USSR.
3.-(1) In article 4 of the principal Order for paragraph (2) there shall be substituted the following paragraph:-
"(2) Paragraph (1) above shall not apply in the case of-
(a)any sheep which was moved from any place in accordance with a consent given on or before 27th September 1987 under section 2(1) of the Food and Environment Protection Act 1985 which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark;
(b)any sheep which was moved from any place in accordance with a consent given on or before 27th September 1987 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a green mark;
(c)any sheep which was moved from any place in accordance with a consent given on or before 10th January 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark;
(d)any sheep which-
(i)was moved from any place in accordance with a consent given on or before 31st July 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark, or
(ii)was moved from any place in accordance with a consent given on or after 1st August 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a green mark,
and which in either case has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers.".
(2) In article 5 of the principal Order for paragraph (2) there shall be substituted the following paragraph:-
"(2) Paragraph (1) above shall not apply in the case of-
(a)any sheep which was moved from any place in accordance with a consent given on or before 27th September 1987 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark;
(b)any sheep which was moved from any place in accordance with a consent given on or before 27th September 1987 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a green mark;
(c)any sheep which was moved from any place in accordance with a consent given on or before 10th January 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark;
(d)any sheep which was moved from any place in accordance with a consent given on or before 31st July 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark;
(e)any sheep which was moved from any place in accordance with a consent given on or after 1st August 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a green mark.".
(3) In article 6 of the principal Order for paragraph (2) there shall be substituted the following paragraph:-
"(2) Paragraph (1) above shall not apply in the case of-
(a)any sheep which was moved from any place in accordance with a consent given on or before 27th September 1987 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark;
(b)any sheep which was moved from any place in accordance with a consent given on or before 27th September 1987 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a green mark;
(c)any sheep which was moved from any place in accordance with a consent given on or before 10th January 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark;
(d)any sheep which-
(i)was moved from any place in accordance with a consent given on or before 31st July 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark, or
(ii)was moved from any place in accordance with a consent given on or after 1st August 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a green mark,
and which in eith er case has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers.".
N. E. Sharp
Assistant Secretary, Scottish Office
St. Andrew's House,
Edinburgh
29th July 1988
(This note is not part of the Order)
The Food Protection (Emergency Prohibitions) Order 1988 ("the principal Order") contains emergency prohibitions restricting various activities in order to prevent human consumption of food which has been or which may have been rendered unsuitable for that purpose in consequence of the escape of radioactive substances from a nuclear reactor situated at Chernobyl in the Ukraine, USSR.
The principal Order made certain exceptions to the following prohibitions imposed by articles 4, 5 and 6 of that Order:-
(a)the prohibition on slaughter of sheep in any of the designated areas;
(b)the prohibition on movement of sheep;
(c)the prohibition applying throughout the United Kingdom on the slaughter of, and the supply of meat derived from, any sheep which has been in the designated areas.
This Order revises the exceptions as follows-
(i)to except from the prohibitions on slaughter and from the said prohibition on the supply of meat, any sheep which has been marked (in accordance with a consent given under section 2(1) of the Food and Environment Protection Act 1985) with a green paint mark on or after 1st August 1988 and which has been examined and marked with an ear-tag by a person authorised by the Minister of Agriculture, Fisheries and Food or the Secretary of State for Scotland or Wales, or the Department of Agriculture for Northern Ireland (article 3(1) and (3));
(ii)to except from the prohibition on movement, any sheep which was moved from any place in accordance with a consent given on or after 1st August 1988 under section 2(1) of the said Act which consent was subject to the condition that the sheep to which it applies should be marked with a green paint mark (article 3(2)).
Section 24(1) contains a definition of "the Ministers" relevant to the exercise of the statutory powers under which this Order is made.
