The Food Protection (Emergency Prohibitions) (Wales)(No. 5) Order 1987 No. 1894

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Statutory Instruments

1987 No. 1894

PUBLIC HEALTH, ENGLAND AND WALES

PUBLIC HEALTH, SCOTLAND

PUBLIC HEALTH, NORTHERN IRELAND

CONTAMINATION OF FOOD

The Food Protection (Emergency Prohibitions) (Wales)(No. 5) Order 1987

Approved by both Houses of Parliament

Made

5th November 1987

Laid before Parliament

5th November 1987

Coming into force

7th November 1987

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 the Secretary of State is of the opinion, as mentioned in section1(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 following Order, or which is derived 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, the Secretary of State, in exercise of the powers conferred on him by the said section 1(1) and (2) and section 24(1) and (3) of the said Act, and of all other powers enabling him in that behalf, hereby makes the following Order:-

Title, commencement and interpretation

1.-(1) This Order may be cited as the Food Protection (Emergency Prohibitions) (Wales) (No. 5) Order 1987 and shall come into force on 7th November 1987.

(2) In this Order-

(a) "the Act" means the Food and Environment Protection Act 1985,

(b) "designated area" means an area described in the Schedule to this Order,

(c) "sheep" means an animal of the genus Ovis of whatever age or sex.

Designated incident

2. In the opinion of the Secretary of State, food in the areas described in the Schedule to this Order, or which is derived or may be in the future derived from anything in those areas, is, or may be, or may become unsuitable for human consumption in consequence of the following escape of substances:-

Designated areas

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

4.-(1) Subject to paragraph (2) below, no person shall in a designated area slaughter any sheep for human consumption or for use in the preparation of feeding stuffs.

(2) Paragraph (1) above shall not apply in the case of any sheep which-

(a)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 red mark; and

(b)has been examined and marked by an ear-tag by a person authorised in that behalf by one of the Ministers((2)).Restrictions on movement

5.-(1) No person shall move any sheep from a farm, holding or agricultural premises situated in a designated area.

(2) Subject to paragraph (3) below, no person shall move into a designated area any sheep which has been removed from a designated area or from an area which is from time to time designated by an order other than this Order under section 1 of the Act which refers to the escape of substances described in article 2 of this Order.

(3) Paragraph (2) above shall not apply in the case of any sheep which was moved from any place in accordance with a consent given under section 2(1) of the Act which was subject to the condition that the sheep to which it applies should be marked with a red mark.

Restrictions throughout the United Kingdom

6.-(1) Subject to paragraph (2) below, no person shall, in the United Kingdom-

(a)slaughter for human consumption or for use in the preparation of feeding stuffs any sheep that was-

(i)in any of the areas numbered 1, 2 and 3 of the designated areas detailed in the Schedule to this Order at any time after 11 a.m. on 20th June 1986; or

(ii)in the area numbered 4 of the designated areas detailed in the said Schedule at any time after 9th July 1987; or

(iii)in any of the areas numbered 5, 6, 7 and 8 of the designated areas detailed in the said Schedule at any time after 10th August 1987; or

(iv)in any of the areas numbered 9, 10, 11 and 12 of the designated areas detailed in the said Schedule at any time after 27th August 1987; or

(v)in any of the areas numbered 13, 14 and 15 of the designated areas detailed in the said Schedule at any time after 17th September 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-

(i)in any of the areas numbered 1, 2 and 3 of the designated areas detailed in the Schedule to this Order at any time after 11 a.m. on 20th June 1986; or

(ii)in the area numbered 4 of the designated areas detailed in the said Schedule at any time after 9th July 1987; or

(iii)in any of the areas numbered 5, 6, 7 and 8 of the designated areas detailed in the said Schedule at any time after 10th August 1987; or

(iv)in any of the areas numbered 9, 10, 11 and 12 of the designated areas detailed in the said Schedule at any time after 27th August 1987; or

(v)in any of the areas numbered 13, 14 and 15 of the designated areas detailed in the said Schedule at any time after 17th September 1987.

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

(a)any sheep which was moved to a market in accordance with a consent given under section 2(1) of the Act which consent did not require that the sheep to which it applies should be marked in a manner specified therein;

(b)any sheep which was moved from any place in accordance with a consent given under the said section 2(1) on or before 21st December 1986 which consent was subject to the condition that the sheep to which it applies should be marked with a blue mark;

(c)any sheep which was moved from any place in accordance with a consent given under the said section 2(1) on or before 26th July 1987 which consent was subject to the condition that the sheep to which it applies should be marked with an apricot mark; or

(d)any sheep which-

(i)was moved from any place in accordance with a consent given under the said section 2(1) which consent was subject to the condition that the sheep to which it applies should be marked with a red mark or with a green mark; or

(ii)was moved from any place in accordance with such a consent given on or after 28th September 1987 which consent was subject to the condition that the sheep to which it applies should be marked with a blue 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.

Revocation

7. The Food Protection (Emergency Prohibitions) (Wales) (No. 4) Order 1987((3)), the Food Protection (Emergency Prohibitions) (Wales) (No. 4) Amendment Order 1987((4)) and the Food Protection (Emergency Prohibitions) (Wales) (No. 4) Amendment No. 2 Order 1987((5)) are hereby revoked.

Peter Walker

Secretary of State for Wales

5th November 1987

Article 3

SCHEDULEDESIGNATED AREAS

1. An area comprising that part of the County of Powys which lies within the following boundary:-

The area excludes any part of a road, footpath or body of water by reference to which its boundary is defined.

2. An area comprising that part of the County of Gwynedd which lies within the following boundary:-

The area excludes any part of a road, footpath or body of water by reference to which its boundary is defined.

3. An area comprising that part of the County of Gwynedd which lies within the following boundary:-

The area excludes any part of a road, footpath or body of water by reference to which its boundary is defined.

4. An area comprising that part of the County of Gwynedd which lies within the following boundary:-

The area excludes any part of a road, footpath or body of water by reference to which its boundary is defined.

5. An area comprising that part of the County of Gwynedd which lies within the following boundary:-

The area excludes any part of a road, footpath or body of water by reference to which its boundary is defined.

6. An area comprising that part of the County of Gwynedd which lies within the following boundary:-

The area excludes any part of a road, footpath or body of water by reference to which its boundary is defined.

7. An area comprising that part of the County of Gwynedd which lies within the following boundary:-

The area excludes any part of a road, footpath or body of water by reference to which its boundary is defined.

8. An area comprising that part of the County of Gwynedd which lies within the following boundary:-

The area excludes any part of a road, footpath or body of water by reference to which its boundary is defined.

9. An area comprising that part of the County of Gwynedd which lies within the following boundary:-

The area excludes any part of a road, footpath or body of water by reference to which its boundary is defined.

10 . An area comprising that part of the County of Gwynedd which lies within the following boundary:-

The area excludes any part of a road, footpath or body of water by reference to which its boundary is defined.

11. An area comprising that part of the County of Clwyd which lies within the following boundary:-

The area excludes any part of a road, footpath or body of water by reference to which its boundary is defined.

12. An area comprising that part of the County of Clwyd which lies within the following boundary:-

The area excludes any part of a road, footpath or body of water by reference to which its boundary is defined.

13. An area comprising that part of the County of Gwynedd which lies within the following boundary:-

This area excludes any part of a road, footpath or body of water by reference to which its boundary is defined.

14. An area comprising that part of the County of Gwynedd which lies within the following boundary:-

The area excludes any part of a road, footpath or body of water by reference to which its boundary is defined.

15. An area comprising that part of the County of Gwynedd which lies within the following boundary:-

The area excludes any part of a road, footpath or body of water by reference to which its boundary is defined.

Explanatory Note

(This note is not part of the Order)

This Order revokes and re-enacts without modification the Food Protection (Emergency Prohibitions) (Wales) (No. 4) Order 1987 as amended by S.I. 1987/1682 and /1802. It 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 USSR.

The Order designates areas of land in Wales affected by the escape from which the movement of sheep, and in which the slaughter of sheep, are prohibited (articles 3, 4, 5(1) and the Schedule). The prohibition on slaughter in the designated areas does not apply to any sheep identified by a red paint mark which have been examined and subsequently marked by an ear-tag by a person authorised by the Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland, the Secretary of State for Wales or the Department of Agriculture for Northern Ireland (article 4(2)). Movement into a designated area of sheep which have been removed from it or from a similarly designated area elsewhere in the United Kingdom (other than sheep which have been identified by a red paint mark, and moved, in accordance with a Ministerial consent) is prohibited (article 5(2)).

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.

Maps showing the designated areas are available for inspection during normal office hours at the offices of the Welsh Office Agriculture Department at Penrallt, Caernarfon, Gwynedd LL55 1EP; Government Buildings, Spa Road East, Llandrindod Wells, Powys LD1 5HA; Station Road, Ruthin, Clwyd LL15 1BP and Cathays Park, Cardiff, South Glamorgan CF1 3NQ.

(2)

The definition of "the Ministers" is in section 24(1) of the Food and Environment Protection Act 1985.

(3)

S.I. 1987/1638.

(4)

S.I. 1987/1682.

(5)

S.I. 1987/1802.


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