Food and Environment Protection Act 1985

Emergency orders etc.U.K.

1 Power to make emergency orders.U.K.

(1)If in the opinion of the designating authority—

[F1(a)there exist or may exist circumstances which are likely to create a hazard to human health through human consumption of food;]and

(b)in consequence food which is or may be in the future in an area—

(i)of land in the United Kingdom ;

(ii)of sea within British fishery limits ; or

(iii)both of such land and of such sea,

or which is or may be in the future derived from anything in such an area, is, or may be, or may become, unsuitable for human consumption,

that designating authority may by statutory instrument make an order designating that area and containing emergency prohibitions.

(2)In this Act—

• “designating authority” means the Ministers or either of them;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

• “emergency order” means an order under this section—

(a)which designates an area; or

(b)which amends or re-enacts an order which designated an area;

• “emergency prohibitions” means the prohibitions specified in Schedule 1 to this Act; and

• “designated area” means an area designated by an emergency order.

(3)Food derived from any creature is to be treated for the purposes of this Act as also derived—

(a)from any feeding stuff which that creature has eaten ; and

(b)from anything from which any feeding stuff was derived,

and references in this Act to anything from which food could be derived shall be construed accordingly.

(4)The Ministers may jointly by order made by statutory instrument amend Schedule 1 to this Act.

[F3(5)An emergency order shall refer to the circumstances or suspected circumstances in consequence of which in the opinion of the designating authority making it food such as is mentioned in subsection (1)(b) above is, or may be, or may become, unsuitable for human consumption; and in this Act “designated circumstances” means the circumstances or suspected circumstances to which an emergency order refers in pursuance of this subsection.]

(6)Subject to subsection (7) below, and to section 2(2) below, any person who—

(a)contravenes an emergency prohibition ; or

(b)causes or permits any other person to do so,

shall be guilty of an offence.

(7)It shall be a defence for a person charged—

(a)with contravening an emergency prohibition contained in an emergency order by virtue of paragraph 2 or 3 of Schedule 1 to this Act ; or

(b)with causing or permitting any other person to contravene such a prohibition,

to show—

(i)that the contravention took place on a foreign vessel, foreign aircraft, foreign hovercraft or foreign marine structure ; and

(ii)that nothing to which the prohibition related was landed from it in the United Kingdom.

(8)An emergency order—

(a)shall be laid before Parliament ; and

(b)shall cease to have effect at the expiry of a period of 28 days beginning with the date on which it was made unless, before the expiry of that period, the order has been approved by resolution of each House of Parliament, but without prejudice to anything previously done or to the making of a new order.

(9)In reckoning for the purposes of subsection (8) above any period of 28 days, no account shall be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.

(10)An order under this section which—

(a)wholly or partly revokes an emergency order ; and

(b)does nothing else, or nothing else except make provision incidental or supplementary to the revocation,

shall be laid before Parliament after being made.

(11)No order under subsection (4) above shall be made unless a draft of the order has been laid before and approved by resolution of each House of Parliament.

2 Powers of Ministers when emergency order has been made.U.K.

(1)Either of the Ministers may consent, either unconditionally or subject to any condition that the Minster considers appropriate, to the doing in a particular case of anything prohibited by an emergency order.

(2)It shall be a defence for a person charged with an offence under section 1(6) above to show—

(a)that consent had been given under subsection (1) above to the contravention of the emergency prohibition ; and

(b)that any condition subject to which that consent had been given was complied with.

(3)Either of the Ministers—

(a)may give any person such directions as appear to the Minister to be necessary or expedient for the purpose of preventing human consumption of food which the Minister believes, on reasonable grounds, is, or may be, or may become, unsuitable for human consumption in consequence of [F4designated circumstances]; and

(b)may do anything which appears to the Minister to be necessary or expedient for that purpose ;

and such directions may be given and such action may be taken after the emergency order has ceased to be in force.

(4)Any person who—

(a)fails to comply with a direction under this section ; or

(b)causes or permits any other person to do so,

shall be guilty of an offence.

(5)If either of the Ministers does anything by virtue of this section in consequence of a failure on the part of any person to comply with such a direction, the Minister may recover from that person any expenses reasonably incurred by the Minister under this section.

(6)If either of the Ministers does anything by virtue of this section in consequence of any person causing or permitting another person to fail to comply with such a direction, the Minister may recover from the person who caused or permitted the failure to comply any expenses reasonably incurred by the Minister under this section.