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Statutory Instrument 1991 No. 5

The Food Protection (Emergency Prohibitions) (Radioactivity in Sheep) (Wales) Order 1991

(The document as of February, 2008. Arhiv.Online Library)

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STATUTORY INSTRUMENTS

1991 No. 5

PUBLIC HEALTH, ENGLAND AND WALES

PUBLIC HEALTH, SCOTLAND

PUBLIC HEALTH, NORTHERN IRELAND
CONTAMINATION OF FOOD

The Food Protection (Emergency Prohibitions) (Radioactivity in Sheep) (Wales) Order 1991

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Made10th January 1991
Laid before Parliament11th January 1991
Coming into force14th January 1991

    The Secretary of State, in exercise of the powers conferred on him by sections 1(1) and (2) and 24(1) and (3) of the Food and Environment Protection Act 1985[1], and of all other powers enabling him in that behalf, being of the opinion in accordance with section 1(1) of that Act that there exist or may exist circumstances which are likely to create hazard to human health through human consumption of food and that in consequence food which is or may be in the future derived from sheep in the areas described in Schedule 1 to the following Order is, or may be, or may become, unsuitable for human consumption, hereby makes the following Order:—
    Title, commencement and interpretation
        1.—(1)  This Order may be cited as the Food Protection (Emergency Prohibitions) (Radioactivity in Sheep) (Wales) Order 1991 and shall come into force on 14th January 1991.

        (2)  In this Order—
      "the Act" means the Food and Environment Protection Act 1985;

      "consent" means a consent given under section 2(1) of the Act;

      "designated area" means an area described in Schedule 1;

      "sheep" means an animal of the Genus Ovis of whatever age or sex.

        (3)  Any reference in this Order to a numbered article or Schedule shall be construed as a reference to the article or Schedule bearing that number in this Order.
    Designated circumstances
        2.    In the opinion of the Secretary of State, food which is or may be in the future derived from sheep in the areas described in Schedule 1 is, or may be, or may become unsuitable for human consumption in consequence of the elevated levels of radioactivity found in those areas following the escape on or after 26th April 1986 of radioactive substances from a nuclear powered reactor situated at Chernobyl in the Ukraine, USSR.
    Designated areas
        3.    The areas described in Schedule 1, are hereby designated for the purposes of Part I of the Act.
    Activities prohibited in the designated areas
        4.    No person shall in a designated area slaughter any sheep for human consumption or for use in the preparation of feeding stuffs from which food could be derived.
    Prohibitions on movement
        5.—(1)  No person shall move any sheep from any farm, holding or agricultural premises situated in a designated area.

        (2)  No person shall move into a designated area any sheep which has previously been removed from a designated area, or from an area which is at the time of removal designated by an order other than this Order under section 1 of the Act which refers to the escapte of substances described in article 2, in accordance with a consent which was subject to the condition that the sheep to which it applied should be marked with a green, blue or apricot paint mark.
    Prohibitions 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 from which food could be derived any sheep that was—
         (i) in any of the areas numbered 1, 2, 3 and 4 of the designated areas detailed in Schedule 1 at any time after 11 a.m. on 20th June 1986; or
         (ii) in the area numbered 5 of the designated areas detailed in the said Schedule at any time after 9th July 1987; or
         (iii) in any of the areas numbered 6, 7, 8 and 9 of the designated areas detailed in the said Schedule at any time after 10th August 1987; or
         (iv) in any of the areas numbered 10, 11, 12 and 13 of the designated areas detailed in the said Schedule at any time after 27th August 1987; or
         (v) in any of the areas numbered 14, 15 and 16 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, 3 and 4 of the designated areas detailed in Schedule I at any time after 11 a.m. on 20th June 1986; or
         (ii) in the area numbered 5 of the designated areas detailed in the said Schedule at any time after 9th July 1987; or
         (iii) in any of the areas numbered 6, 7, 8 and 9 of the designated areas detailed in the said Schedule at any time after 10th August 1987; or
         (iv) in any of the areas numbered 10, 11, 12 and 13 of the designated areas detailed in the said Schedule at any time after 27th August 1987; or
         (v) in any of the areas numbered 14, 15 and 16 of the designated areas detailed in the said Schedule at any time after 17th September 1987.

        (2)  Paragraph (1) above shall not apply—
       (a) in the case of any sheep which was moved from a designated area in accordance with a consent which did not require that sheep to be marked with a paint mark and did not require it to be returned to a designated area;
       (b) in the case of any sheep—
         (i) which was moved from a designated area in accordance with a consent which was subject to the condition that the sheep to which it applied should be marked with a paint mark; and
         (ii) which has been examined and marked with an ear-tag by a person authorised in that behalf by one of the Ministers;
       (c) in the case of any sheep—
         (i) which was moved from a designated area in accordance with a consent; and
         (ii) which was marked with a blue paint mark in accordance with that consent, on or after 1st April of the year following the year in which it was so marked;
       (d) in the case of any sheep—
         (i) which was moved from a designated area in accordance with a consent; and
         (ii) which was marked with an apricot paint mark in accordance with that consent,
      on or after 1st August of the year in which it was so marked; and
       (e) in the case of any sheep—
         (i) which was moved from a designated area in accordance with a consent; and
         (ii) which was marked with a green paint mark in accordance with that consent, on or after I st December of the year in which it was so marked.

    Revocation
        7.    The Orders specified in Schedule 2 are hereby revoked.



David Hunt

Secretary of State for Wales

10th January 1991




Notes:

[1] 1985 c. 48; section 1 was amended by section 51 of the Food Safety Act (c.16), and section 24(1) was amended by paragraph 29 of Schedule 3 to that Act; section 1(2) defines "designating authority" and sections 24(1) and 25(2) define "the Ministers".

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