Order made by the Scottish Ministers, laid before the Scottish Parliament under section 1(8) of the Food and Environment Protection Act 1985, for approval by resolution of the Scottish Parliament within twenty-eight days beginning with the day on which the Order was made.
Scottish Statutory Instruments
PUBLIC HEALTH
CONTAMINATION OF FOOD
Made
27th July 2000
Laid before the Scottish Parliament
2nd August 2000
Coming into force in accordance with article 1(1)
The Scottish Ministers, in exercise of the powers conferred on them by section 1(1) and (2) and section 24(3) of the Food and Environment Protection Act 1985(1) and of all other powers enabling them in that behalf, being of the opinion that there exist or may exist circumstances which are likely to create a hazard to human health through human consumption of food and that in consequence food which is derived or may be in the future derived from bivalve molluscs in the area described in the following Order, is, or may be, or may become, unsuitable for human consumption, hereby make the following Order:
1.—(1) This Order may be cited as the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (Orkney) (No. 3) (Scotland) Order 2000 and shall come into force on 28th July 2000.
(2) In this Order “scallops” means scallops of the class of pecten maximus and “relevant time” means the coming into force of this Order.
2. In the opinion of the Scottish Ministers, scallops in the area designated in article 3 below may be affected by the toxin which causes paralytic shellfish poisoning in human beings and are likely to create a hazard to human health if they are consumed.
3. The area described in the Schedule to this Order is hereby designated for the purposes of Part I of the Food and Environment Protection Act 1985.
4. No person shall fish for or take any scallops in the designated area.
5. No person shall move any scallops out of the designated area.
6. No person shall–
(a)use any scallops taken out of the designated area after the relevant time in the preparation or processing for supply of food and anything from which food could be derived;
(b)land any scallops which were in waters in the designated area after the relevant time;
(c)supply, or have in possession for supply, any scallops which were in the designated area after the relevant time;
(d)supply, or have in possession for supply, any food or anything from which food could be derived in the preparation or processing of which anything was used in contravention of paragraph (a) of this article; or
(e)feed to any creature a feeding stuff in the preparation or processing of which anything was used in contravention of paragraph (a) of this article.
7. The Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (Orkney) (No. 2) (Scotland) Order 2000(2) is hereby revoked.
DAVID R DICKSON
A member of the staff of the Scottish Ministers
Pentland House,
Edinburgh
27th July 2000
Article 3
The area of sea around the islands of Orkney below mean high water springs enclosed by a line extending from Neban Point on the mainland of Orkney at 59° 00' North latitude and 3° 21.9' West longitude; then west to a point at 59° 00' North latitude and 3° 30' West longitude; then north to a point at 59° 15' North latitude and 3° 30' West longitude; then east to a point on the west coast of Westray at 59° 15' North latitude and 2° 52.5' West longitude; then south east and north along the shoreline of Westray to a point on the east coast at 59° 15' North latitude and 2° 50.1' West longitude; then east to a point on the west coast of Sanday at 59° 15' North latitude and 2° 38.3' West longitude; then south, east and north along the shoreline of Sanday to a point on its east coast at 59° 15.4' North latitude and 2° 30' West longitude; then south to a point at 59° 00' North latitude and 2° 30' West longitude; then west to the bay of Meil on the mainland of Orkney at 59° 00' North latitude and 2° 54.4' West longitude; then west and north along the shoreline of the mainland of Orkney to the point of beginning.
(This note is not part of the Order)
This Order revokes the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (Orkney) (No. 2) (Scotland) Order 2000 which had ceased to have effect on 27th July 2000 in terms of section 1(8)(b) of the Food and Environment Protection Act 1985 (“the Act”) and the effect of this Order is to remove it from the Statute Book. This Order re-enacts and also extends the emergency prohibitions contained in the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (Orkney) (No. 2) (Scotland) Order 2000.
This Order, which forms part of Scots law only, contains emergency prohibitions restricting various activities in order to prevent human consumption of food rendered unsuitable for that purpose by virtue of shellfish having been affected by the toxin which causes paralytic shellfish poisoning in human beings.
The Order designates an area within which taking scallops is prohibited (articles 3 and 4 and the Schedule). It prohibits the movement of scallops out of that area (article 5). Other restrictions are imposed in relation to the use of any scallops taken from that area (article 6).
It is an offence, by virtue of section 1(6) of the Act as read with Schedule 1, paragraph 4 to the Act as inserted by paragraph 10(13) of the Schedule to the Scotland Act 1998 (Modification of Functions) Order 1999 (S.I. 1999/1756), to contravene any of the prohibitions contained in this Order anywhere in the United Kingdom or United Kingdom waters.
Under section 21 of the Act the penalty for contravening an emergency prohibition is–
(a)on summary conviction, a fine of an amount not exceeding the statutory maximum (at present £5,000);
(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 Act. Obstruction of enforcement officers is an offence under paragraph 10 of that Schedule.
1985 c. 48; section 1(1) and (2) was amended by section 51(2)(a) and (b) of the Food Safety Act 1990 (c. 16); section 1(2) defines “designating authority”; section 1(2) was further amended by the Scotland Act 1998 (Modification of Functions) Order 1999 (S.I. 1999/1756) and the Food Standards Act 1999 (c. 28), Schedule 5, paragraph 6. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).