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The Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (Orkney) (Scotland) Order 2000

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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, subject to extension for periods of dissolution, prorogation or adjournment for more than four days.

Scottish Statutory Instruments

2000 No. 192

PUBLIC HEALTH

CONTAMINATION OF FOOD

The Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (Orkney) (Scotland) Order 2000

Made

14th June 2000

Laid before the Scottish Parliament

16th June 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:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (Orkney) (Scotland) Order 2000 and shall come into force at 1600 hours on June 2000.

(2) In this Order “mussels” means mytilus edulis,“razor clams” means “ensis s.p.p.” and “scallops” means scallops of the class of pecten maximusand Queen scallops of the class of chlamys opercularisand “relevant time” means 0001 on 14th June 2000.

Designated circumstances

2.  In the opinion of the Scottish Ministers, mussels, razor clams and 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.

Designated area

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.

Activity prohibited in the designated area

4.  No person shall fish for or take any mussels, razor clams or scallops in the designated area.

Prohibited movement of mussels, razor clams or scallops

5.  No person shall move any mussels, razor clams or scallops out of the designated area.

Restrictions

6.  No person shall–

(a)use any mussels, razor clams or 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 mussels, razor clams or scallops which were in waters in the designated area after the relevant time;

(c)supply, or have in possession for supply, any mussels, razor claims or 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.

J R WILDGOOSE

A member of the staff of the Scottish Ministers

Pentland House,

Edinburgh

14th June 2000

Article 3

SCHEDULETHE DESIGNATED AREA

The area of sea around the islands of Orkney below mean high water springs enclosed by a line extending from Tor Ness on the island of Hoy at 58° 47'N 3° 17.5'W; then due south to a point at 58° 45'N 3° 17.5'W; then due east to Barth Head on South Ronaldsay at 58° 45'N 2° 59'W; then north and west along the shoreline of South Ronaldsay and the Mainland to Breck Ness on the mainland at 58° 58'N 3° 21'W; then south and west to the Kame of Hoy on Hoy at 58° 55.5'N 3° 24'W; then east, south and west along the shoreline of Hoy to the start point at Tor Ness at 58° 47'N 3°17.5'W.

Explanatory Note

(This note is not part of the Order)

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 mussels, razor clams and scallops is prohibited (articles 3 and 4 and the Schedule). It prohibits the movement of mussels, razor clams and scallops out of that area (article 5). Other restrictions are imposed in relation to the use of any mussels, razor clams and scallops taken from that area.

(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.

(1)

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).

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