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 fours days.
Statutory Instruments
PUBLIC HEALTH, ENGLAND AND WALES
PUBLIC HEALTH, SCOTLAND
PUBLIC HEALTH, NORTHERN IRELAND
CONTAMINATION OF FOOD
Made
20th December 1991
Laid before Parliament
20th December 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 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 makes the following Order:
1.—(1) This Order may be cited as the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No.14) Order 1991 and shall come into force at 10.00 hours on 20th December 1991.
(2) In this Order “scallop” means scallop of the class of Pecten Maximus and Queen Scallops of the of Clamys Opercularis which are taken from wild stocks by mechanical methods of fishing or by divers and “relevant time” means one minute past midnight on 20th December 1991.
2. In the opinion of the Secretary of State, 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 or take any scallops in the designated area.
5. No person shall move any scallops out of the designated area.
6. No person shall in the United Kingdom or in United Kingdom waters—
(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 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.
E.C. Davison
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
20th December 1991
Article 3
That area of the sea surrounding the Northern Isles of 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 londitude 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°58.4'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 Mull Head at 58°58.4'N latitude and 2°42.7'W longitude on Deerness Peninsula on the mainland of Orkeny and the generally in westerly, northerly, north westerly and westerly direction along the the northern shore of the mainland to Brough Head at 59°8.2'N latitude and 3°20.2'W longitude and then by a straight line extending in a westerly direction to a point at 59°8.2'N latitude 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°25min;N latitude and 3°30'W longitude.
(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 Order designates an area within which fishing for or taking scallops and Queen Scallops is prohibited (articles 3 and 4 and the Schedule). It prohibits the movement of out of that area (article 5). Other restrictions are imposed throughout the United Kingdom in relation to the use of any scallops and Queen Scallops taken from that area.
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 ammount 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.
1985 c. 48; section 1(1) and (2) were 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”.