# The Food Protection (Emergency Prohibitions) Order 1988, Note: Explanatory note


(This note is not part of the Order)
This Order revokes and re-enacts with amendments the provisions of the Food Protection (Emergency Prohibitions) (No. 3) Order 1987 and the Food Protection (Emergency Prohibitions) (No. 4) Order 1987.
This Order continues the emergency prohibitions imposed by those Orders restricting various activities in order to prevent human consumption of food rendered unsuitable for that purpose in consequence of the escape in April 1986 of radioactive substances from a nuclear reactor situated at Chernobyl in the Ukraine, USSR.
The Order designates again areas in Scotland affected by the escape from which the movement of sheep and in which the slaughter of sheep are prohibited (articles 3, 4(1) and 5(1) and the Schedule). Restrictions on the slaughter of sheep from the designated areas, and the supply of meat derived from such sheep, extend throughout the United Kingdom (article 6(1)).
The Order revises the exceptions to the prohibitions referred to in articles 4, 5 and 6 as follows:—
(a) to except from the said prohibition on slaughter in any of the designated areas—
(i) 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 paint mark or with a green paint mark (article 4(2)(a) and (b));
(ii) any sheep which was moved from any place in accordance with a consent given 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 (if the consent was given on or after 28th September 1987) with a blue paint mark or (if the consent was given on or after 11th January 1988) with an apricot paint mark and which in either case has been examined and marked with an ear-tag by a person authorised by the Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland or Wales, or the Department of Agriculture for Northern Ireland (article 4(2)(c));
(b) to except from the said prohibition on movement any sheep which—
(i) 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 app lies should be marked with an apricot paint mark or with a green paint mark (article 5(2)(a) and (b));
(ii) was moved from any place in accordance with a consent given 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 (if the consent was given on or after 28th September 1987) with a blue paint mark or (if the consent was given on or after 11th January 1988) with an apricot paint mark (article 5(2)(c) and (d));
(c) to except from the said prohibition on slaughter, and from the said prohibition on supply of meat—
(i) 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 paint mark or with a green paint mark (article 6(2)(a) and (b));
(ii) any sheep which was moved from any place in accordance with a consent given 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 (if the consent was given on or after 28th September 1987) with a blue paint mark or (if the consent was given on or after 11th January 1988) with an apricot paint mark and which in either case has been examined and marked with an ear-tag by a person authorised by the Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland or Wales, or the Department of Agriculture for Northern Ireland (article 6(2)(c)).
Under section 21 of the Food and Environment Protection Act 1985 the penalty for contravening an emergency prohibition is—
(a) on summary conviction, a fine of an amount not exceeding the statutory maximum (at present £2,000);
(b) on conviction on indictment, an unlimited fine or imprisonment for a term of not more than two years, or both.
Powers of enforcement in relation to emergency prohibitions are conferred by section 4 of, and Schedule 2 to, the 1985 Act. Under paragraph 10 of that Schedule obstruction of enforcement officers is an offence.

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Source: https://www.legislation.gov.uk/uksi/1988/11/note (the official version)
Page: https://openlegislation.uk/food-protection-emergency-prohibitions-order-1988/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.