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The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 17) (Scotland) Order 2005

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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 or recess for more than four days.

Scottish Statutory Instruments

2005 No. 585

PUBLIC HEALTH

CONTAMINATION OF FOOD

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 17) (Scotland) Order 2005

Made

18th November 2005

Laid before the Scottish Parliament

21st November 2005

Coming into force in accordance with article 1(1)

The Scottish Ministers, in exercise of the powers conferred by sections 1(1) and (2) and 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 areas 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) (Amnesic Shellfish Poisoning) (West Coast) (No. 17) (Scotland) Order 2005 and shall come into force at 1630 hours on 18th November 2005.

(2) In this Order–

(a)“scallops” means scallops of the species Pecten maximus; and

(b)“relevant time” means 0001 hours on 18th November 2005.

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 the Schedule 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 areas

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 the designated areas 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 areas after the relevant time;

(c)supply, or have in possession for supply, any scallops which were in the designated areas 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.

PAM WHITTLE

A member of the staff of the Scottish Ministers

St Andrew’s House, Edinburgh

18th November 2005

Article 3

SCHEDULETHE DESIGNATED AREAS

AREA 1

The area of sea below mean high water springs enclosed by a line starting at the point at (57.5°) 57°30'North latitude (−7.5°) 7°30'West longitude; then east to a point on the west coast of Baleshare at (57.5°) 57°30'North latitude (−7.3618°) 7°21'42"West longitude; then east, south and north along the shoreline to a point at (57.5°) 57°30'North latitude (−7.35426°) 7°21'15"West longitude; then east to a point on an un-named island at (57.5°) 57°30'North latitude (−7.29988°) 7°18'00"West longitude; then west, south, east, and north along the shoreline to (57.5°) 57°30'North latitude (−7.29534°) 7°17'43"West longitude; then east to a point on an un-named island at (57.5°) 57°30'North latitude (−7.29418°) 7°17'39"West longitude; then south, east, north and west along the shoreline to (57.5°) 57°30'North latitude (−7.29173°) 7°17'30"West longitude; then east to a point on the north coast of Grimsay at (57.5°) 57°30'North latitude (−7.26519°) 7°15'55"West longitude; then west and south along the shoreline of Grimsay, the causeway linking Grimsay and Benbecula, then west, north, west, and south continuing along the shoreline of the causeway to Benbecula, then west, south, east and north along the shoreline of Benbecula, the island of Grimsay, a causeway, and the island of Eilean na Cille, then continuing west and north continuing along the shoreline of Eilean na Cille, Grimsay, then south, east, north and west continuing along the shoreline of Benbecula to include Loch Kilerivagh, Loch Meanervagh and Loch Uiskevagh, then north, west, north and south continuing along the shoreline of Benbecula, the causeway linking Benbecula and Grimsay, then continuing along the shoreline of Grimsay to a point on the north coast of Grimsay at (57.5°) 57°30'North latitude (−7.21932°) 7°13'10"West longitude; then east to a point on the west coast of Ronay at (57.5°) 57°30'North latitude (−7.19558°) 7°11'44"West longitude; then south, east, and north along the shoreline of Ronay to a point at (57.5°) 57°30'North latitude (−7.16606°) 7°09'58"West longitude; then east to a point on the west coast of Floddaymore at (57.5°) 57°30'North latitude (−7.16288°) 7°09'46"West longitude; then south, east and north along the shoreline to a point at (57.5°) 57°30'North latitude (−7.14562°) 7°08'44"West longitude; then east to a point at (57.5°) 57°30'North latitude (−7.0°) 7°West longitude; then south to (57.25°) 57°15'North latitude (−7.0°) 7°West longitude; then west to a point on the east coast of South Uist at (57.25°) 57°15'North latitude (−7.24496°) 7°14'42"West longitude; then east, north and west along the shoreline of Loch Skipport and Loch Carnan, then continuing north, west, and south along the shoreline of a causeway, Hornish Point and Ardivachar Point to a point on the west coast of South Uist at (57.25°) 57°15'North latitude (−7.42787°) 7°25'40"West longitude; then west to a point at (57.25°) 57°15'North latitude (−7.5°) 7°30'West longitude; then north to the point of the beginning.

AREA 2

The area of sea below mean high water springs enclosed by a line starting at a point on the north coast of Grimsay at (57.5°) 57°30'North latitude (−7.24512°) 7°14'42"West longitude; then east to a point on the north coast of Grimsay at (57.5°) 57°30'North latitude (−7.24389°) 7°14'38"West longitude; then south, west and north along the shoreline to the point of the beginning.

AREA 3

The area of sea below mean high water springs enclosed by a line starting at the point on the north coast of Grimsay at (57.5°) 57°30'North latitude (−7.24322°) 7°14'36"West longitude; then east to a point on an un-named island at (57.5°) 57°30'North latitude (−7.24188°) 7°14'31"West longitude; then south, east and north along the shoreline to a point at (57.5°) 57°30'North latitude (−7.24063°) 7°14'26"West longitude; then east to a point on the north coast of Grimsay at (57.5°) 57°30'North latitude (−7.23906°) 7°14'21"West longitude; then south, west and north along the shoreline to the point of the beginning.

AREA 4

The area of sea below mean high water springs enclosed by a line starting at the point on the north coast of Grimsay at (57.5°) 57°30'North latitude (−7.23552°) 7°14'08"West longitude; then east to a point on an un-named island at (57.5°) 57°30'North latitude (−7.23285°) 7°13'58"West longitude; then south, east, and north along the shoreline to a point at (57.5°) 57°30'North latitude (−7.23151°) 7°13'53"West longitude; then east to a point on the north coast of Grimsay at (57.5°) 57°30'North latitude (−7.22469°) 7°13'29"West longitude; then south, east, west and north along the shoreline to the point of the beginning.

AREA 5

The area of sea below mean high water springs enclosed by a line starting at the point at (57.5°) 57°30'North latitude (−7.22263°) 7°13'21"West longitude; then east to a point on the north coast of Grimsay at (57.5°) 57°30'North latitude (−7.22083°) 7°13'15"West longitude; then south, west and north along the shoreline to the point of the beginning.

AREA 6

The area of sea below mean high water springs enclosed by a line starting at the point at (57.5°) 57°30'North latitude (−7°) 7°West longitude; then east to a point on the west coast of the Isle of Skye at (57.5°) 57°30'North latitude (−6.748°) 6°44'53"West longitude; then south, west, and east along the shoreline including Loch Pooltiel, Neist Point, Moonen Bay, and Idrigill Point, then continuing north and east along the shoreline including Loch Bracadale to a point at (57.38667°) 57°23'12"North latitude (−6.5°) 6°30'West longitude; then south to a point on the north coast of Wiay at (57.34283°) 57°20'34"North latitude (−6.5°) 6°30'West longitude; then west, south and east along the shoreline to a point at (57.33261°) 57°19'57"North latitude (−6.5°) 6°30'West longitude; then south to (57.25°) 57°15'North latitude (−6.5°) 6°30'West longitude; then west to (57.25°) 57°15'North latitude (−7°) 7°West longitude; then north to the point of the beginning.

AREA 7

The area of sea below mean high water springs enclosed by a line starting at the point on the west coast of the Isle of Skye at (57.5°) 57°30'North latitude (−6.703°) 6°42'11"West longitude; then east to a point on an un-named island at (57.5°) 57°30'North latitude (−6.642°) 6°38'31"West longitude; then south, east, and north along the shoreline to a point at (57.5°) 57°30'North latitude (−6.641°) 6°38'28"West longitude; then east to a point on the east coast of Loch Dunvegan on the west coast of the Isle of Skye at (57.5°) 57°30'North latitude (−6.636°) 6°38'10"West longitude; then south, east, west, and north along the shoreline to the point of the beginning.

AREA 8

The area of sea below mean high water springs enclosed by a line starting at the point on the west coast of the Isle of Skye at (57.5°) 57°30'North latitude (−6.581°) 6°34'52"West longitude; then east to a point on the west coast of the Isle of Skye at (57.5°) 57°30'North latitude (−6.564°) 6°33'50"West longitude; then east, south, west, and north along the shoreline including Loch Bay to the point of the beginning.

AREA 9

The area of sea below mean high water springs enclosed by a line starting at the point on the west shore of Loch Duibaig at (57.5°) 57°30'North latitude (−6.46503°) 6°27'54"West longitude; then east to (57.5°) 57°30'North latitude (−6.45741°) 6°27'27"West longitude; then south, west, and north along the shoreline to the point of the beginning.

AREA 10

The area of sea below mean high water springs enclosed by a line starting at the point on the west coast of the Isle of Skye at (57.5°) 57°30'North latitude (−6.4373°) 6°26'14"West longitude; then east to a point on the Isle of Skye at (57.5°) 57°30'North latitude (−6.42075°) 6°25'15"West longitude; then south, west and north along the shoreline to the point of the beginning.

AREA 11

The area of sea below mean high water springs enclosed by a line starting at the point on the west shore of Loch Snizort Beag on the west coast of the Isle of Skye at (57.5°) 57°30'North latitude (−6.35835°) 6°21'30"West longitude; then east to a point on the west coast of the Isle of Skye at (57.5°) 57°30'North latitude (−6.33557°) 6°20'08"West longitude; then south, west and north along the shoreline including Loch Treaslane and Loch Snizort Beag to the point of the beginning.

AREA 12

The area of sea below mean high water springs enclosed by a line starting at the point on the east coast of the Isle of Skye at (57.5°) 57°30'North latitude (−6.1487°) 6°08'55"West longitude; then east to (57.5°) 57°30'North latitude (−6°) 6°West longitude; then south to a point on the north coast of Raasay at (57.49015°) 57°29'25"North latitude (−6°) 6°West longitude; then west, south and east along the shoreline including Loch Arnish, Manish Point, Oskaig Point, Suisnish Point and Eyre Point to a point on the east coast of Raasay at (57.35039°) 57°21'01"North latitude (−6°) 6°West longitude; then south to a point on the north coast of the island of Scalpay at (57.32525°) 57°19'31"North latitude (−6°) 6°West longitude; then west, south and east along the shoreline to a point on the south coast of Scalpay at (57.28695°) 57°17'13"North latitude (−6°) 6°West longitude; then south to a point on the east coast of the Isle of Skye at (57.27427°) 57°16'27"North latitude (−6°) 6°West longitude; then west and north along the shoreline including Loch Ainort, Loch Sligachan, Balmeanach Bay and Loch Portree to the point of the beginning; under exception of—

1.  the area of sea below mean high water springs enclosed by a line starting at the point at (57.33973°) 57°20'23"North latitude (−6.09459°) 6°05'41"West longitude; then south and east to (57.31469°) 57°18'53"North latitude (−6.0709°) 6°04'15"West longitude; then west, north and east along the shoreline to the point of the beginning.

2.  the area of sea below mean high water springs enclosed by a line starting at the point at (57.2957°) 57°17'45"North latitude (−6.04034°) 6°02'25"West longitude; then south and east to (57.28708°) 57°17'13"North latitude (−6.02569°) 6°01'32"West longitude; then west, north and east along the shoreline to the point of the beginning.

AREA 13

The area of sea below mean high water springs enclosed by a line starting at the point on the east coast of Raasay at (57.45524°) 57°27'19"North latitude (−6°) 6°West longitude; then south to a point on the east coast of Raasay at (57.3697°) 57°22'11"North latitude (−6°) 6°West longitude; then west, north and east along the shoreline to the point of the beginning.

AREA 14

The area of sea below mean high water springs enclosed by a line starting at the point on the west coast of the Isle of Skye at (57.25°) 57°15'North latitude (−6.35044°) 6°21'02"West longitude; then north, east and south along the shoreline to a point at (57.25°) 57°15'North latitude (−6.34354°) 6°20'37"West longitude; then west to the point of the beginning.

AREA 15

The area of sea below mean high water springs enclosed by a line starting at the point on the west coast of the Isle of Skye at (57.38667°) 57°23'12"North latitude (−6.5°) 6°30'West longitude; then north, east and south along the shoreline including Loch Bracadale and Loch Harport to a point at (57.25°) 57°15'North latitude (−6.42647°) 6°25'35"West longitude; then west to (57.25°) 57°15'North latitude (−6.5°) 6°30'West longitude; then north to a point on the south coast of Wiay at (57.33261°) 57°19'57"North latitude (−6.5°) 6°30'West longitude; then south, east, north and west along the shoreline to a point at (57.34283°) 57°20'34"North latitude (−6.5°) 6°30'West longitude; then north to the point of the beginning.

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 amnesic shellfish poisoning in human beings.

The Order designates areas of sea off the west coast of Scotland within which taking scallops is prohibited (articles 3 and 4 and the Schedule). It prohibits the movement of scallops out of those areas (article 5). Other restrictions are imposed in relation to the use of any scallops taken from those areas (article 6).

It is an offence, by virtue of section 1(6) of the Food and Environment Protection Act 1985 (“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.

(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), Schedule, paragraph 10(2) and (3), the Food Standards Act 1999 (c. 28), Schedule 5, paragraph 6 and the Scotland Act 1998 (Consequential Modifications) Order 2000 (S.I. 2000/2040), Schedule, Part I, paragraph 12.

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