Food Protection (Emergency Prohibitions) (Contamination of Feeding Stuff) (Wales) (No. 4) Order 1989

Publication Date:January 01, 1989

1989No. 2269

PUBLIC HEALTH, ENGLAND AND WALES PUBLIC HEALTH, SCOTLAND

PUBLIC HEALTH, NORTHERN IRELAND

CONTAMINATION OF FOOD

The Food Protection (Emergency Prohibitions) (Contamination

of Feeding Stuff) (Wales) (No. 4) Order 1989

4thDecember1989

5thDecember1989

5thDecember1989

Whereas the Secretary of State is of the opinion, as mentioned in section 1(1)(a) of the Food and Environment Protection Act 1985 ( a), that there has been or may have been an escape of substances of such descriptions and in such quantitites 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 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 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) (Contamination of Feeding Stuff) (Wales) (No, 4) Order 1989 and shall come into force on 5th December 1989.

(2) In this Order-

(a) "the Act" means the Food and Environment Protection Act 1985,(b) "designated area" means the farms, holdings and agricultural and other premises described in the Schedule to this Order,

(a) 1985 c.48; see the definitions of authority in section 1(2) and Ministers in section 24(1).

(c) "the Milk Marketing Board" means the Milk Marketing Board for England and Wales established under the Agricultural Marketing Act 1958 ( a),(d) "slaughterhouse" has the same meaning as in section 34 of the Slaughterhouses Act 1974 ( b).

Designated incident

2. In the opinion of the Secretary of State, food in the areas described in the Schedule to this Order is, or may be, or may become unsuitable for human consumption in consequence of the escape of lead into imported animal feeding stuff.

Designated area

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 area

4. No person shall in the designated area-

(a) slaughter any cattle for human consumption or for use in the preparation of feeding stuff,(b) prepare or process for supply to purchasers or others any food derived from cattle that were in the designated area on or after 8th November 1989 or anything which is derived from such cattle and from which food could be derived, or(c) feed to any creature from which food may be derived a feeding stuff which is the subject matter of the incident designated by article 2 of this Order or which is derived from cattle that were in the designated area on or after 8th November 1989.

Restrictions on movement

5. Subject to article 8 of this Order, no person shall move any milk or milk product derived from any cattle or any cattle from which milk may be derived, or any cattle from which meat or any other food for human consumption may be derived, from any farm, holding, agricultural or other premises described in the Schedule to this Order.

Restrictions throughout the United Kingdom

6. No person shall, in the United Kingdom-

(a) subject to article 8 of this Order, slaughter for human consumption or for use in the preparation of feeding stuff any cattle that were in the designated area after the coming into force of this Order,(b) subject to article 8 of this Order, supply, or, subject to article 8 of this Order, have in possesion for supply, any milk, milk product, meat or other food, derived from cattle that were in the designated area after the coming into force of this Order,(c) feed to any creature from which food may be derived a feeding stuff which is the subject matter of the incident designated by article 2 of this Order and which was taken from the designated area after the coming into force of this Order, or(d) supply or have in possession for supply any food or anything from which food could be derived that was prepared or processed in contravention of article 4(b) of this Order.

Application of Order in relation to sheep and goats and certain things derived therefrom

7.-(1) The provisions of articles 4 to 6 of this Order shall have effect as regards the farms, holdings and agricultural and other premises described in Part II of the Schedule

(a) 1958 c.47.

(b) 1974 c.3.

to this Order by substituting for the word "cattle" wherever it occurs in those articles the words ", sheep or goats"

(2) Where any farms, holdings or agricultural or other premises are described in both Part I and Part II of the Schedule to this Order, articles 4 to 6 and 7(1) of this Order shall apply in relation to them.

Exceptions to restrictions

8.-(1) Notwithstanding the restrictions in article 5 of this Order, the Milk Marketing Board may move milk from any farm, holding, agricultural or other premises described in the Schedule to this Order, subject to the condition set out in paragraph (2) below.

(2) The condition referred to in paragraph (1) above is that such milk is processed into butter or milk powder.

(3) Notwithstanding the restrictions in articles 6(a) and 7(1) of this Order, a person may slaughter for human consumption or for use in the preparation of feeding stuff any cattle, sheep or goats in respect of which a consent has been given under section 2(1) of the Act to the doing of everything prohibited and restricted by this Order.

(4) Notwithstanding the restrictions in article 6(b) of this Order, there may be supplied to the Milk Marketing Board milk derived from cattle that were in the designated area after the coming into force of this Order.

(5) Notwithstanding the restrictions in articles 6(b) and 7(1) of this Order, but subject to paragraph (6) below, where any milk, milk product, meat or other food derived from cattle, sheep or goats has been lawfully supplied to a person under the Act, that person may supply or have in possession for supply any such food or any food derived therefrom.

(6) Paragraph (5) above shall not apply to an occupier of a slaughterhouse who supplies or has in possession for supply any meat derived from cattle which have been fed or may have been fed a feeding stuff which is the subject matter of the incident designated by article 2 of this Order.

Revocation

9. The Food Protection (Emergency Prohibitions) (Contamination of Feeding Stuff) (Wales) (No. 3) Order 1989 ( a) and the Food Protection (Emergency Prohibitions) (Contamination of Feeding Stuff) (Wales) (No. 3) Amendment Order 1989 ( b) are revoked.

Peter Walker

4th December 1989

Secretary of State for Wales

(a) S.I. 1989/2109.

(b) S.I. 1989/2181.

SCHEDULE

Articles 1(2), 2, 3, 5 and 8(1)

THE DESIGNATED AREA

PART I

APPLICATION OF CONTROLS IN RELATION TO CATTLE AND CERTAIN THINGS DERIVED THEREFROM

Name

Address

Messrs H W Neal and Partners

Middle Newton Farm Newton Road Rumney Cardiff South Glamorgan

Messrs D G Thomas and Son

Dros y Mor Llantwit Major South Glamorgan

E J Johns & Sons

Brocastle Farm Brocastle Bridgend Mid Glamorgan

F Stephenson

The Hollies Greave Farm Wenvoe Cardiff

R J Aston

Tre-neddyn Farm Pontabraham Pontardulais

F E Park

Manor House Farm Rogiet Newport Gwent

D R Powell

Purlon Farm Llantwit Major South Glamorgan

D R Llewellyn

Tynyrheol Farm Kenfig Hill Bridgend Mid Glamorgan

B Jones

Plasnewdd Farm Llantwit Major South Glamorgan

T D Llewellyn

Old Beaupre Farm St Hilary Cowbridge South Glamorgan

W J Bassett

Highfield Farm Llantwit Major South Glamorgan

P A Evans

Maes Y Delyn Coychurch Bridgend Mid Glamorgan

A Garfield

Tyn Y Waun Farm Llangynwydd Nr Bridgend Mid Glamorgan

G C Jenkins

Upper Tremain Farm Merthyr Mawr Bridgend Mid Glamorgan

SCHEDULE: Part I

Name

Address

G E Thomas

Croes Cwtta Farm St Brides Major Bridgend Mid Glamorgan

J L Thomas

Ty-Cribbwr Farm Aberkenfig Bridgend Mid Glamorgan

G H Williams

Gladlys Farm Blackmill Bridgend Mid Glamorgan

W H Williams

Dolau Ifan Ddu Farm Blackmill Bridgend Mid Glamorgan

D T Griffiths

Llanilid Farm Pencoed Bridgend Mid Glamorgan

L D Fluck

Pleasant View Farm Sigginston Cowbridge South Glamorgan

R and A England

Pwlly Darren Farm Welsh St Donats Cowbridge South Glamorgan

V G Radcliffe

Court Farm St Mary Hill Bridgend Mid Glamorgan

D T Edwards

Moat Farm Llysworney South Glamorgan

R D Lewis

Ty-Newydd Farm Flemingstone St Athan South Glamorgan

D C Lewis and Son

The Crofta Farm Ystradowen Cowbridge South Glamorgan

E T Adams and Sons

Darren Farm Cowbridge South Glamorgan

R E Brown

New Beaupre Farm St Hilary Cowbridge South Glamorgan

D T and J John

Blaencrymlin Farm Blackmill Bridgend Mid Glamorgan

R Evans

Bedw Farm Coed Ely Tonyrefail Porth Mid Glamorgan

SCHEDULE: Part I

Name

Address

B G and I Jeremiah

Ty Draw Farm St George's Super Ely Cardiff South Glamorgan

H W Jenkins

Tir Gwaidd Farm Wattstown Porth Mid Glamorgan

W R and G Clement

Tal-y-Fan Fawr Farm Pontardulais Swansea West Glamorgan

J D Davies

Forrest Farm Aberdulais Neath West Glamorgan

D G Thomas, T/A M E and D G Thomas

Rhos Fawr Farm Salem Morriston Swansea West Glamorgan

D T Williams and Sons

Doghill Farm St Nicholas Cardiff South Glamorgan

C H Morgan

Pantynawel Farm Blackmill Bridgend Mid Glamorgan

Messrs E H Radcliffe & Son

Penmark Place Farm Penmark Barry South Glamorgan

T W Jervis

Franklin Farm Clemenstone Cowbridge South Glamorgan

R Bradshaw

Wallas Farm Wick Road Ewenny Bridgend Mid Glamorgan

William Bros

Pen-Llwyn-Gwent Farm Blackmill Bridgend Mid Glamorgan

T Radcliffe and Sons

Kenfig House Farm Margam Port Talbot West Glamorgan

E Thorne and Son

Gyla Farm Tonyrefail Porth Mid Glamorgan

T A Stone

Gilfaen...

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