The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (Scotland) Order 1999

Citation, commencement, interpretation and extent

1.—(1) This Order may be cited as the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (Scotland) Order 1999 and shall come into force at 1800 hours on 17th August 1999.

(2) In this Order–

(a) “scallops” means scallops of the class ofpecten maximusand Queen scallops of the class of chlamys opercularis;

(b) “relevant time” means–

(i) in respect of designated area A, 0.01am on 9th July 1999;

(ii) in respect of designated area B, 0.01am on 26th July 1999;

(ii) in respect of designated area C, 0.01am on 3rd August 1999;

(iv) in respect of designated area D, 0.01am on 17th August 1999;

(3) In paragraph (2)(b) above a reference to a designated area bearing the letter “A”, “B”, “C” or “D” is a reference to the area bearing that letter described respectively in paragraphs 1 to 4 of Schedule 1 to this Order.

(4) This Order extends to Scotland and the Scottish zone.

Designated circumstances

2.  In the opinion of the Scottish Ministers, scallops in the areas designated in article 3 below may be affected by the toxin which causes amnesic shellfish poisoning in human beings and are likely to create a hazard to human health if they are consumed.

Designated areas

3.  The areas described in Schedule 1 to this Order are hereby designated for the purposes of Part I of the Food and Environment Protection Act 1985.

Activity prohibited in the designated area

4.  No person shall fish for or take any scallops in the designated areas.

Prohibited movement of scallops

5.  No person shall move any scallops out of the designated areas.

Restrictions

6.  No person shall–

(a) use any scallops taken out of a 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 a designated area after the relevant time,

(c) supply, or have in possession for supply, any scallops which were in a 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,

(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.

Revocation

7.  The Orders specified in Schedule 2 to this Order are revoked.

J R WILDGOOSE

A member of the staff of the Scottish Ministers

Pentland House,

Edinburgh

17th August 1999