Order 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.

2005 No. 548

PUBLIC HEALTHCONTAMINATION OF FOOD

The Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (Orkney) (No. 2) (Scotland) Order 2005

Made

Laid before the Scottish Parliament

Coming into force in accordance with article 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 19851 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 area 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) (Paralytic Shellfish Poisoning) (Orkney) (No. 2) (Scotland) Order 2005 and shall come into force at 1630 hours on 4th November 2005.

2

In this Order–

a

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

b

“relevant time” means 0001 hours on 4th November 2005.

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.

SARAH DAVIDSONA member of the staff of the Scottish MinistersSt Andrew’s House, Edinburgh

SCHEDULETHE DESIGNATED AREA

Article 3

The area of sea below mean high water springs enclosed by a line starting at a point on the west coast of the Orkney Mainland at Breck Ness at (58.96356°) 58°57'49" North latitude (−3.35418°) 3°21'15" West longitude; then south, east and north east and continuing along the shoreline to Bay of Ireland, then south and east along the shoreline to Swanbister Bay and continuing along the shoreline north and east to a point at (58.95072°) 58°57'03" North latitude (−3°) 3° West longitude; then south to a point on the north coast of South Ronaldsay at (58.83033°) 58°49'49" North latitude (−3°) 3° West longitude; then west, south, east and north along the shoreline to a point on the west coast of South Ronaldsay at (58.82511°) 58°49'30" North latitude (−3°) 3° West longitude; then south to a point on the west coast of South Ronaldsay at (58.80717°) 58°48'26" North latitude (−3°) 3° West longitude; then north, west, south, and east along the shoreline to a point on the west coast of South Ronaldsay at (58.79355°) 58°47'37" North latitude (−3°) 3° West longitude; then south to a point at (58.75°) 58°45' North latitude (−3°) 3° West longitude; then west to a point on the east coast of Swona at (58.75°) 58°45' North latitude (−3.05102°) 3°03'04" West longitude; then north, west and south along the shoreline including North Head to a point at (58.75°) 58°45' North latitude (−3.05618°) 3°03'22" West longitude; then west to a point at (58.75°) 58°45' North latitude (−3.2896°) 3°17'23" West longitude; then north to a point on the south coast of Hoy at Torness at (58.7761°) 58°46'34" North latitude (−3.2896°) 3°17'23" West longitude; then in a generally easterly direction along the shoreline to South Walls and continuing north and west along the shoreline of Hoy including North Bay, Ore Bay, Mill Bay, Bay of Quoys and Bay of Creekland, continuing along the shoreline to a point at Kame of Hoy at (58.92704°) 58°55'37" North latitude (−3.39661°) 3°23'48" West longitude; then north east to the point of the 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 paralytic shellfish poisoning in human beings.

The Order designates an area of sea off the coast of Orkney 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 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 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.