The Food Protection (Emergency Prohibitions) (Dalgety Bay) (Scotland) Order 2012

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 which is or may be rendered unsuitable for that purpose by virtue of the presence of fragments of radioactive contaminated waste material containing radium 226 and its daughter radionuclides, which could be taken up by fish.

The Order relates to fish, which is defined by section 24 (interpretation) of the Food and Environment Protection Act 1985 (“the Act”) and means all species of fish and shellfish, including crustaceans and molluscs of any kind. It designates an area of Dalgety Bay, Fife and an area of sea off that Bay, within which fishing for and taking fish is prohibited (articles 3 and 4 and the Schedule). It prohibits the movement of fish out of that area (article 5). Other restrictions are imposed in relation to the use of any fish taken from that area (article 6). A map showing the designated area under this Order is appended to this note for illustrative purposes only.

It is an offence by virtue of section 1(6) of the Act, as read with paragraph 4 of Schedule 1 to the Act, to contravene any of the prohibitions contained in this Order, or to cause or permit any other person to do so, 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 not exceeding the statutory maximum; or

(b) on conviction on indictment, an unlimited fine or imprisonment for a term not exceeding 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 an enforcement officer is an offence under paragraph 10 of that Schedule.