The Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No. 12) Order 1991

Order made by the Secretary of State, laid before Parliament under section 1(8) of the Food and Environment Protection Act 1985, for approval by resolution of each House of 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.

Statutory Instruments

1991 No. 2077 (S.170)

PUBLIC HEALTH, ENGLAND AND WALES

PUBLIC HEALTH, SCOTLAND

PUBLIC HEALTH, NORTHERN IRELAND

CONTAMINATION OF FOOD

The Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No. 12) Order 1991

Made

13th September 1991

Laid before Parliament

16th September 1991

Coming into force in accordance with article 1(1)

The Secretary of State, in exercise of the powers conferred on him by section 1(1) and (2) and section 24(1) and (3) of the Food and Environment Protection Act 1985(1), and of all other powers enabling him 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 green crabs and velvet crabs in the area described in the following Order, is, or may be, or may become, unsuitable for human consumption, hereby makes the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No. 12) Order 1991 and shall come into force at 16.00 hours on 13th September 1991.

(2) In this Order “green crab” means the species known as “carcinus maenas”; “velvet crab” means the species known as “liocarcinus puber”, and “relevant time” means one minute past midnight on 13th September 1991.

Designated circumstances

2.  In the opinion of the Secretary of State, green crabs or velvet crabs 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 green crabs or velvet crabs in the designated area.

Prohibited movement of green crabs or velvet crabs

5.  No person shall move any green crabs or velvet crabs out of the designated area.

Restrictions throughout the United Kingdom

6.  No person shall in the United Kingdom or in the United Kingdom waters—

(a) use any green crabs or velvet crabs 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 green crabs or velvet crabs which were in waters in the designated area after the relevant time;

(c) supply, or have in possession for supply, any green crabs or velvet crabs 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 sub-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 sub-paragraph (a) of this article.

Revocation

7.  The Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No. 11) Order 1991(2) is hereby revoked.

E. C. Davison

Assistant Secretary, Scottish Office

Pentland House,

Edinburgh

13th September 1991

Article 3

SCHEDULE THE DESIGNATED AREA

That area of the sea surrounding all the Orkney Islands and below the line of the mean high water springs on these Islands bounded as follows: on the North by a straight line extending in an easterly direction from a point at 59° 25'N latitude and 3° 30'W longitude to a point at 59° 25'N latitude and 2° 15'W longitude; then on the east by a straight line extending in a southerly direction from the last mentioned point to a point at 58° 43'N latitude and 2° 15'W longitude; then on the south by a straight line extending in a westerly direction from the last mentioned point to a point at 58° 43'N and 3° 30'W longitude; then on the west by a straight line extending in a northerly direction from the last mentioned point to the point of beginning at 59° 25'N latitude and 3° 30'W longitude.

Explanatory Note

(This note is not part of the Order)

This Order 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 emergency prohibitions imposed by the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No. 11) 1991 Order require to be imposed on a larger area of the sea surrounding all the Orkney islands. Accordingly, the area of sea already designated in the Schedule to that Order requires to be extended. This Order redesignates the area within which fishing for, or taking green crabs or velvet crabs is prohibited (articles 3 and 4 and the Schedule). It prohibits the movement of green crabs or velvet crabs out of that area (article 5). Other restrictions are imposed throughout the United Kingdom in relation to the use of any green crabs or velvet crabs taken from that area.

This Order re-enacts the emergency prohibitions which are imposed on the area described in the Schedule to this Order. This Order revokes the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No. 11) Order 1991.

Under section 21 of the Food and Environment Protection Act 1985 the penalty for contravening an emergency prohibition is—

a. on summary conviction, a fine of an amount not exceeding the statutory maximum (at present £2,000);

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 1985 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), and section 24(1) was amended by paragraph 29 of Schedule 3 to that Act; section 1(2) defines “designating authority” and section 24(1) defines “the Ministers”.

(2)

S.I. 1991/2020.