The Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (Orkney) (No. 3) (Scotland) Order 2000
Citation, commencement and interpretation1.
(1)
This Order may be cited as the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (Orkney) (No. 3) (Scotland) Order 2000 and shall come into force on 28th July 2000.
(2)
In this Order “scallops” means scallops of the class of pecten maximus and “relevant time” means the coming into force of this Order.
Designated circumstances2.
In the opinion of the Scottish Ministers, 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.
Designated area3.
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 area4.
No person shall fish for or take any scallops in the designated area.
Prohibited movement of scallops5.
No person shall move any scallops out of the designated area.
Restrictions6.
No person shall–
(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 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.
Revocation7.
Pentland House,
Edinburgh
SCHEDULETHE DESIGNATED AREA
The area of sea around the islands of Orkney below mean high water springs enclosed by a line extending from Neban Point on the mainland of Orkney at 59° 00' North latitude and 3° 21.9' West longitude; then west to a point at 59° 00' North latitude and 3° 30' West longitude; then north to a point at 59° 15' North latitude and 3° 30' West longitude; then east to a point on the west coast of Westray at 59° 15' North latitude and 2° 52.5' West longitude; then south east and north along the shoreline of Westray to a point on the east coast at 59° 15' North latitude and 2° 50.1' West longitude; then east to a point on the west coast of Sanday at 59° 15' North latitude and 2° 38.3' West longitude; then south, east and north along the shoreline of Sanday to a point on its east coast at 59° 15.4' North latitude and 2° 30' West longitude; then south to a point at 59° 00' North latitude and 2° 30' West longitude; then west to the bay of Meil on the mainland of Orkney at 59° 00' North latitude and 2° 54.4' West longitude; then west and north along the shoreline of the mainland of Orkney to the point of beginning.
This Order revokes the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (Orkney) (No. 2) (Scotland) Order 2000 which had ceased to have effect on 27th July 2000 in terms of section 1(8)(b) of the Food and Environment Protection Act 1985 (“the Act”) and the effect of this Order is to remove it from the Statute Book. This Order re-enacts and also extends the emergency prohibitions contained in the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (Orkney) (No. 2) (Scotland) Order 2000.
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 paralytic shellfish poisoning in human beings.
The Order designates an area within which taking scallops is prohibited (articles 3 and 4 and the Schedule). It prohibits the movement of scallops out of that area (article 5). Other restrictions are imposed in relation to the use of any scallops taken from that area (article 6).
It is an offence, by virtue of section 1(6) of 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–
on summary conviction, a fine of an amount not exceeding the statutory maximum (at present £5,000);
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.