The Food Protection (Emergency Prohibitions) (Scallops) (Irish Sea) Order 2004

Title, commencement and interpretation

1.—(1) This Order may be cited as the Food Protection (Emergency Prohibitions) (Scallops) (Irish Sea) Order 2004 and shall come into force at 14.31 hours on 29^th July 2004.

(2) In this Order —

(a) “designated area” means the area designated in article 3 and the Schedule;

(b) “scallops” means scallops of the class of Pecten maximus; and

(c) “the relevant time” means 0001 hours on 28th July 2004.

Designated circumstances

2.  The relevant circumstances or suspected circumstances for the purposes of section 1(5) of the Food and Environment Protection Act 1985 are that scallops in the designated area 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 area

3.  The area described in the Schedule is designated for the purposes of Part I of the Food and Environment Protection Act 1985.

Activities prohibited in the designated area

4.  No person shall fish for and take any scallops in the designated area.

Prohibition on movement

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

Prohibitions applicable throughout the United Kingdom

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

(a) use any scallops taken from the designated area after the relevant time in the preparation or processing for supply to purchasers or others of food or anything from which food could be derived;

(b) land any scallops taken from waters in the designated area after the relevant time;

(c) supply, or possess for supply, any scallops which were in the designated area after the relevant time;

(d) feed to any creature any feeding stuff prepared or processed from scallops taken from the designated area after the relevant time; or

(e) supply, or possess for supply, to purchasers or others any food or anything from which food could be derived in the preparation or processing of which any scallops that were taken from the designated area after the relevant time were used.

Signed by authority of the Secretary of State for Health

Melanie Johnson

Parliamentary Under Secretary of State,

Department of Health

14.30 hours on 29th July 2004