Food Protection (Emergency Prohibitions) (Contamination of Feeding Stuffs) (England) Order 1990

Publication Date:January 01, 1990

1990No. 37

PUBLIC HEALTH, ENGLAND AND WALES

PUBLIC HEALTH, SCOTLAND

PUBLIC HEALTH, NORTHERN IRELAND

CONTAMINATION OF FOOD

The Food Protection (Emergency Prohibitions) (Contamination of

Feeding Stuffs) (England) Order 1990

Approved by both Houses of Parliament

11thJanuary1990

12thJanuary1990

12thJanuary1990

Whereas the Minister of Agriculture, Fisheries and Food is of the opinion, in accordance with 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 quantities and such circumstances as are likely to create a hazard to human health through human consumption of food;

And whereas the said Minister is of the opinion, in accordance with 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 said Minister, 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 Stuffs) (England) Order 1990 and shall come into force on 12th January 1990.

(2) In this Order-

"the Act" means the Food and Environment Protection Act 1985;

"designated area" means the farms, holdings and agricultural and other premises described in the Schedule;

"feeding stuffs" does not include milk or milk products;

"food" does not include milk or milk products;

"slaughterhouse" has the same meaning as in section 34 of the Slaughterhouses Act 1974 ( b).

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

(b) 1974 c. 3.

(3) Any reference in this Order to a numbered article or "the Schedule" shall be construed as a reference to the article bearing that number in this Order or the Schedule to this Order.

Designated incident

2. In the opinion of the Minister of Agriculture, Fisheries and Food food in the areas described in the Schedule is, or may be, or may become, unsuitable for human consumption in consequence of the escape of lead into material used in the manufacture of imported animal feeding stuff.

Designated area

3. The areas described in the Schedule 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) prepare or process for supply to purchasers or others any food or feeding stuff from which food could be derived, being in each case food or feeding stuff derived from cattle that were in the designated area on or after 7th November 1989; or(b) 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 or which is derived from cattle that were in the designated area on or after 7th November 1989.

Prohibitions on movement

5. No person shall move from any farm, holding, agricultural or other premises described in the Schedule any cattle from which meat or any other food for human consumption may be derived.

Prohibitions throughout the United Kingdom

6. No person shall, in the United Kingdom-

(a) subject to article 8, slaughter for human consumption or for use in the preparation of feeding stuff any cattle that were in the designated area on or after 7th November 1989;(b) subject to article 8, supply or have in possession for supply any meat or other food derived from cattle that were in the designated area on or after 7th November 1989;(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 and which was taken from the designated area on or after 7th November 1989; 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(a).

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

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

Exceptions to prohibitions

8.-(1) Notwithstanding the prohibitions in articles 6(a) and 7(1), a person may slaughter 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 by this Order.

(2) Notwithstanding the prohibitions in articles 6(b) and 7(1), an occupier of a slaughterhouse may supply or have in possession for supply any meat or other food derived from 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 by this Order.

(3) Notwithstanding the prohibitions in articles 6(b) and 7(1), but subject to paragraph (4) below, where any 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.

(4) Paragraph (3) above shall not apply to an occupier of a slaughterhouse.

Revocation

9. The Food Protection (Emergency Prohibitions) (Contamination of Feeding Stuf) (England) (No. 4) Order 1989 ( a) is revoked.

In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 11th January 1990.

(L.S.)

John Selwyn Gummer

Minister of Agriculture, Fisheries and Food

(a) S.I. 1989/2239.

SCHEDULE

Articles 1(2), 2, 3 and 5

THE DESIGNATED AREA

PART I

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

Name

Address

Abbatt D R & Son

Langley Hill Farm, Winchcombe, Cheltenham, Gloucestershire GL4 5AA

Abraham B R

Windy Top, Whitestone, Exeter, Devon

Abraham B R

1 Blackhall Road, Pennsylvania, Exeter, Devon EX4 4HD

Abraham D E

Oatens Farm, Churchstanton, Taunton, Somerset

Acreman W J & Sons

Hill House Farm, Cambridge, Gloucestershire GL2 7AN

Adams D W & N

Overlake Farm, Northlew, Okehampton, Devon

Adams S J B & Son

Rhode Farm, Rhode Lane, Bridgwater, Somerset

Agate & Osborne

Lawn Farm, Milton Lilbourne, Pewsey, Wiltshire SN9 5LQ

Aggett B Mrs

Forder Farm, Throwleigh, Okehampton, Devon EX20 2HY

Ainslie F J & Son

Glebe Farm, Little Rissington, Cheltenham, Glos GL54 2ND

Aldridge A

Greenway Farm, Granna Lane, Gotherington, Cheltenham, Glos

Alford E M

Moortown Farm, Tavistock, Devon

Allen N H

Bury End Farm, Upton on Severn, Worcestershire

Allery S C

Pyneshill Garden, Ludwell Lane, Exeter, Devon

Allin R H

3 Rectory Road, Dolton, Winkleigh, Devon

Allington R A

Ballingers Hill, Chedworth, Cheltenham, Glos GL54 4AQ

Alsopp K H

Higher Pitt Farm, Cadeleigh, Tiverton, Devon EX16 8HW

Alvis Bros

Cribbs Farm, Redhill, Bristol BS18 7RH

Alvis Bros Ltd

Box Bush Farm, Redhill, Bristol

Alvis Bros Ltd

Regilbury Park Farm, Winford, Bristol

Amor R W C & D H M

T/A M/S Amors, Way Farm, Bickleigh, Tiverton, Devon

Andrews A R B

Lower Lyde Farm, Herefordshire

Andrews D P & J

Hamfield Farm, Berkeley, Glos GL13 9TN

Andrews R S & E W H

Lower Trossell, North Petherwin, Launceston, Cornwall PL15 8LX

Anstey D & C

Broomhall Farm, Worcestershire

Anstey J B

Star Barton Farm, Cowley, Exeter, Devon EX5 5DG

Applegate E & M

Stomacher Farm, Downside, Shepton Mallet, Somerset

Armstrong G S

Townsend, Carhampton, Minehead, Somerset

Arnott H

Aylesmore Court, St Briavels, Lydney, Glos GL15 6UQ

Arscott H E & L

Lyth Land Farm, Cruwys Morchard, Tiverton, Devon EX16 8LT

Ashford H Y & Son

Manor Farm, Bradney, Bawdrip, Bridgwater, Somerset (Re: Fishers Farm, Chedzoy)

Ashmead B J & Sons

Honeycombe Farm, Camp, Nr Stroud, Glos GL6 7HJ

Askew R D

Grange, Merton, Okehampton, Devon EX20 3DG

Atkinson R C

Holway, Cattistock, Maiden Newton, Dorchester, Dorset

Atyeo B K

Yew Tree Farm, Thorncombe, Chard, Somerset

Avery M/S W J & N

Lower Northchurch, Yarnscombe, Barnstaple, Devon EX31 3LL

Ayre A H & Sons

Shute Farm, Shobrooke, Crediton, Devon EX17 1BW

Ayre B M & Son

Munson Farm, Bishops Nympton, South Molton, Devon EX36 4PR

Badhan E J

Garden End Farm, Panborough, Wells, Somerset

Bagborough Farms Ltd

Lower Bagborough Farm, Fylle, Shepton Mallet, Somerset

Bagg L G & Partners

Huntworth Farm, Huntworth, Bridgwater, Somerset

Name

Address

Bailey A W F

Black Dog Farm, Devizes Road, Lavington, Wilts

Bailey B M

Chenhale Farm, Carharrack, Redruth, Cornwall TR16 5RB

Bailey B & Ptnr

Cross Park, Burrington, Unberleigh, Devon EX37 9LA

Bailey Brothers

Lowdown Farm, Blackdown, Beaminster, Dorset

Bailey R E & A

Robins Hill, Clements End, Coleford, Glos

Bailey W J & Sons

Thorne Farm, Lympstone, Exmouth, Devon EX3 5AG

Baker

Frampton Farm, Alderton, Tewkesbury, Glos

Baker B

Coombe Cross Cottage, Torrington, Devon

Baker P

Tresplatt, Davidstow, Camelford, Cornwall PL32 9YD

Baker R B

Treween, Altarnun, Launceston, Cornwall

Baker R S

Gastons Farm, Priory Road, Chilton Polden, Bridgwater Somerset

Baldwin P

Whitehouse Farm, Clements End, Coleford, Glos

Bale & Son

Potwell Farm, Mosterton, Beaminster, Dorset DT8 3HG

Ball S R

New House Farm, Charfield, Wotton-under-Edge Gloucestershire GL12 4LJ

Balmlet T Ltd

Frome Whitfield Dairy, Dorchester, Dorset

Bamlet T

Manor Farm, Waterson, Puddletown, Dorchester

Banwell C G W T

Home Farm, Rudgeway, Bristol BS12 2RZ

Barber B T

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