http://www.legislation.gov.uk/ssi/2002/332/madeThe Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 7) (Scotland) Order 2002Food safetyFood standardsFood legislationLegislationKing's Printer for Scotland2014-07-15PUBLIC HEALTH;CONTAMINATION OF FOODThis 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 amnesic shellfish poisoning in human beings.The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 7) (Scotland) Order 2002The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 7) (Scotland) Order 2002 Revocation Order 2002art 2Order made by the Scottish Ministers, laid before the Scottish Parliament under section 1(8) of the Food and Environment Protection Act 1985, for approval by resolution of the Scottish Parliament within twenty-eight days beginning with the day on which the Order was made, subject to extension for periods of dissolution or recess for more than four days.Scottish Statutory Instruments2002 No. 332PUBLIC HEALTHCONTAMINATION OF FOODThe Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 7) (Scotland) Order 2002Made3rd July 2002Laid before the Scottish Parliament4th July 2002Coming into force in accordance with article 1(1)

The Scottish Ministers, in exercise of the powers conferred by section 1(1) and (2) and section 24(3) of the Food and Environment Protection Act 1985

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); section 1(2) defines “designating authority”; section 1 was further amended by the Scotland Act 1998 (Modification of Functions) Order 1999 (S.I. 1999/1756), Schedule, paragraph 10(2) and (3), the Food Standards Act 1999 (c. 28), Schedule 5, paragraph 6 and the Scotland Act 1998 (Consequential Modifications) Order 2000 (S.I. 2000/2040), Schedule, Part I, paragraph 12.

and of all other powers enabling them 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 bivalve molluscs in the areas described in the following Order, is, or may be, or may become, unsuitable for human consumption, hereby make the following Order:

Citation, commencement and interpretation1.(1)

This Order may be cited as the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 7) (Scotland) Order 2002 and shall come into force at 1500 hours on 3rd July 2002.

(2)

In this Order–

(a)

“scallops” means scallops of the species of Pecten maximus; and

(b)

“relevant time” means 0001 hours on 3rd July 2002.

Designated circumstances2.

In the opinion of the Scottish Ministers, scallops in the areas designated in article 3 below 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 areas3.

The areas described in the Schedule to this Order are hereby designated for the purposes of Part I of the Food and Environment Protection Act 1985.

Activity prohibited in the designated areas4.

No person shall fish for or take any scallops in the designated areas.

Prohibited movement of scallops5.

No person shall move any scallops out of the designated areas.

Restrictions6.

No person shall–

(a)

use any scallops taken out of the designated areas 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 areas after the relevant time;

(c)

supply, or have in possession for supply, any scallops which were in the designated areas 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.

FRANCIS McAVEETYAuthorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

3rd July 2002SCHEDULE

Article 3

THE DESIGNATED AREASAREA 1

The area of sea below high water springs enclosed by a line starting from a point at Srianach on Lewis at 58°North latitude 6°23'West longitude; then south along the shore of Lewis to a point at 57°56.4'North latitude 6°30'West longitude; then south to 57°45'North latitude 6°30'West longitude; then east to 57°45'North latitude 6°West longitude; then north to 58°North latitude 6°West longitude; then west to the point of beginning.

AREA 2

The area of sea below high water springs enclosed by a line starting from a point at 57°30'North latitude 7°00'West longitude; then north to a point on South Harris at 57°45'North latitude 7°00'West longitude; then south and east along the shore of South Harris to a point 57°45'North latitude 6°56'West longitude; then east to a point at 57°45'North latitude 6°30'West longitude; then south to a point on the Isle of Skye at 57°31'North latitude 6°30'West longitude; then west along the shore to a point at 57°30'North latitude 6°45'West longitude; then west to the point of beginning.

(This note is not part of the Order)

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 amnesic shellfish poisoning in human beings.

The Order designates areas of sea off the west coast of Scotland within which taking scallops is prohibited (articles 3 and 4 and the Schedule). It prohibits the movement of scallops out of these areas (article 5). Other restrictions are imposed in relation to the use of any scallops taken from these areas (article 6).

It is an offence by virtue of section 1(6) of the Food and Environment Protection Act 1985 (“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 in United Kingdom waters.

Under section 21 of the Act 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 Act. Obstruction of enforcement officers is an offence under paragraph 10 of that Schedule.