Food Protection (Emergency Prohibitions) Order 1988

JurisdictionUK Non-devolved
CitationSI 1988/11

1988 No. 11

PUBLIC HEALTH, ENGLAND AND WALESPUBLIC HEALTH, SCOTLANDPUBLIC HEALTH, NORTHERN IRELANDCONTAMINATION OF FOOD

The Food Protection (Emergency Prohibitions) Order 1988

Made 7th January 1988

Laid before Parliament 11th January 1988

Coming into force 11th January 1988

Whereas the Secretary of State is of the opinion, as mentioned in section 1(1)(a) of the Food and Environment Protection ACt 19851, 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 following 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 Act2, and of all other powers enabling him in that behalf, he hereby makes the following Order:

S-1 Title, commencement and interpretation

Title, commencement and interpretation

1.—(1) This Order may be cited as the Food Protection (Emergency Prohibitions) Order 1988 and shall come into force on 11th January 1988.

(2) In this Order—

(a)

(a) “designated area” means one of the areas described in the Schedule to this Order;

(b)

(b) “sheep” means an animal of the genus Ovis of whatever age or sex.

S-2 Designated incident

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 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.

S-3 Designated areas

Designated areas

3. The areas described in the Schedule to this Order are hereby designated for the purposes of Part I of the Food and Environment Protection Act 1985.

S-4 Activities prohibited in the designated areas

Activities prohibited in the designated areas

4.—(1) No person shall in any of the designated areas 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—

(a)

(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)

(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)

(c) any sheep which—

(i) was moved from any place in accordance with a consent given on or after 28th 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 blue mark, or

(ii) was moved from any place in accordance with a consent given on or after 11th 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 an apricot 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.

S-5 Restrictions on movement

Restrictions on movement

5.—(1) No person shall move any sheep from any farm, agricultural holding, agricultural premises or holding in any of the designated areas.

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

(a)

(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)

(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)

(c) any sheep which was moved from any place in accordance with a consent given on or after 28th 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 blue mark;

(d)

(d) any sheep which was moved from any place in accordance with a consent given on or after 11th 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 an apricot mark.

S-6 Restrictions throughout the United Kingdom

Restrictions throughout the United Kingdom

6.—(1) No person shall in the United Kingdom—

(a)

(a) slaughter for human consumption or for use in the preparation of feeding stuffs any sheep which was in a designated area described in Part 1 of the Schedule to this Order at any time after 8th July 1987 or in a designated area described in Part II of that Schedule at any time after 12th August 1987; or

(b)

(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 in a designated area described in Part I of the Schedule to this Order at any time after 8th July 1987 or in a designated area described in Part II of that Schedule at any time after 12th August 1987.

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

(a)

(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)

(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)

(c) any sheep which—

(i) was moved from any place in accordance with a consent given on or after 28th 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 blue mark; or

(ii) was moved from any place in accordance with a consent given on or after 11th 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 an apricot 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.

S-7 Revocation

Revocation

7. The Food Protection (Emergency Prohibitions) (No.3) Order 19873and the Food Protection (Emergency Prohibitions) (No.4) Order 19874are hereby revoked.

N E Sharp

Assistant Secretary, Scottish Office

New St Andrew’s House,

Edinburgh

7th January 1988

SCHEDULE

Articles 3 and 6

THE DESIGNATED AREAS

1 PART I

PART I

Dumfries and Galloway Region

Dumfries and Galloway Region

SCH-1.1

1. The area of land within Nithsdale District comprising that part of the Parish of Ruthwell bounded as follows:—

On the north-west and north from the point where the Black Grain Burn meets the Lochar Water running in an easterly direction along the Black Grain Burn and the Kirkshiel Burn until it meets the western boundary of Stragglingwath Plantation; on or towards the east by the ditch leading to Longbridgemuir, the Longbridgemuir access road to Peter’s Plantation and along the line of the watercourse southwards to Dockridding Wood; on or towards the southwest and south in a north-westerly and westerly direction by the northern boundary of Dockridding Wood until it meets the Willow Burn; on the east in a southerly direction by the Willow Burn until it meets the eastern boundary of Cockpool Plantation and on the south by the northern boundary of Cockpool Plantation in a westerly direction until it meets the eastern boundary of Longbridgemuir Plantation; then in a westerly direction by the southern boundary of Longbridgemuir Plantation to the point national grid reference NY046681; then in a south-westerly direction to the point national grid reference NY042673 on Lochar Water; on the south-west and west in a northerly direction by the Lochar Water until it meets the Black Grain Burn.

SCH-1.2

2. The area of land within Nithsdale District comprising that part of the Parish of New Abbey bounded as follows:—

On the north by the Glensone Burn running in an easterly direction until it meets the weir below the junction of the Glensone Burn and the Kinharvie Burn; on the east by the Kinharvie Plantation and the Kinharvie Burn running in a southerly direction until Hawkhill; on the south by Hayfield Knowe, part of the Kinharvie Plantation, in a westerly direction until the Cullendeugh Plantation; and on the west running in a north-westerly direction by the Cullendeugh Plantation and the Drungans Plantation until the Drungans Plantation meets the Glensone Burn.

SCH-1.3

3. The area of land within Stewartry District comprising that part of the Parish of Kirkgunzeon bounded as follows:—

On the north-west by the fence from Bargrug Cottage in a north-easterly direction to Bargrug Plantation; on the west and south by the eastern and northern boundaries of Bargrug Plantation and then in a westerly direction to the point national grid reference NX865637 on the unclassified road from Congeith to Auchenskeoch Lodge; on the...

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