The Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No.3) Order 1995

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 Order designates an area within which the taking of mussels, scallops and razor clams is prohibited (articles 3 and 4 and the Schedule). It prohibits the movement of mussels, scallops and razor clams out of that area (article 5). Other restrictions are imposed throughout the United Kingdom in relation to the use of any mussels, scallops and razor clams 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 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 1985 Act. Obstruction of enforcement officers is an offence under paragraph 10 of that Schedule.