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Statutory Instruments of the Scottish Parliament
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URL: http://www.bailii.org/scot/legis/num_reg/2004/20040221.html

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2004 No. 221

PUBLIC HEALTH

CONTAMINATION OF FOOD

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (Orkney) (Scotland) Order 2004

  Made 17th May 2004 
  Laid before the Scottish Parliament 18th May 2004 
  Coming into force in accordance with article 1(1)

The Scottish Ministers, in exercise of the powers conferred by sections 1(1) and (2) and 24(3) of the Food and Environment Protection Act 1985[1] 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 interpretation
     1.  - (1) This Order may be cited as the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (Orkney) (Scotland) Order 2004 and shall come into force at 1600 hours on 17th May 2004.

    (2) In this Order-

Designated circumstances
     2. In the opinion of the Scottish Ministers, scallops in the area designated in article 3 below may be affected by the toxins which cause amnesic shellfish poisoning in human beings and are likely to create a hazard to human health if they are consumed.

Designated area
     3. 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 area
     4. No person shall fish for or take any scallops in the designated area.

Prohibited movement of scallops
     5. No person shall move any scallops out of the designated area.

Restrictions
     6. No person shall-


MALCOLM CHISHOLM
A member of the Scottish Executive

St Andrew's House, Edinburgh
17th May 2004



SCHEDULE
Article 3


THE DESIGNATED AREA


The area of sea below mean high water springs enclosed by a line beginning on the mainland of Orkney at 58°53'44"North latitude 2°53'50"West longitude; then west, north and south along the shoreline to a point on the mainland of Orkney at 58°57'06"North latitude 3°00'00"West longitude; then south to a point on South Ronaldsay at 58°49'52"North latitude 3°00'00"West longitude; then east along the shore line to a point at 58°50'25"North latitude 2°54'19"West longitude at Churchill Barrier No. 4; then northeast along the western side of Churchill Barrier No. 4; then west, east and north along the shoreline to Churchill Barrier No. 3 on the north shore of the island of Burray; then north along the west side of Churchill Barrier No. 3; then continuing round the western shoreline of the island of Glimps Holm, the western side of Churchill Barrier No. 2, the western shoreline of the island of Lamb Holm and the western side of Churchill Barrier No. 1 to the point of beginning.


EXPLANATORY NOTE

(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 an area of sea around 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-

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.

Notes:

 [1] 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(2) 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.back


ISBN 0 11 069114 8


  © Crown copyright 2004

Prepared 26 May 2004

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URL: http://www.bailii.org/scot/legis/num_reg/2004/20040221.html