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Statutory Instruments of the Scottish Parliament
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URL: http://www.bailii.org/scot/legis/num_reg/1999/19990013.html
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The Scottish Ministers, in exercise of the powers conferred on them by section 1(1) and (2) and section 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, interpretation and extent 1. - (1) This Order may be cited as the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (No.2) (Scotland) Order 1999 and shall come into force at 18.00 hours on 26th July 1999. (2) In this Order "scallops" means scallops of the class of pecten maximus and Queen scallops of the class of chlamys opercularis and "relevant time" means 0.01am on 26th July 1999. (3) This Order extends to Scotland and the Scottish zone. Designated circumstances 2. In the opinion of the Scottish Ministers, scallops in the area 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 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-
(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, (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.
The area of water below high water springs enclosed by a line starting at Renish Point on Harris at 57°43.6'N 6°58'W; then south and west to a point on the north shore of North Uist at 57°35.8'N 7°06.4'W (Rubha nan Pleac); then west along the north shore of North Uist to a point at 57°39.5'N 7°29.5'W (Griminish Point); then west to a point at 57°39.5'N 07°30'W; then north to a point at 58°15'N 7°30'W; then east to a point at 58°15'N 7°00'W then south to the west coast of the Isle of Lewis to a point at 58°14.2'N 7°00'W; then south along the west coast of Lewis and Harris to the start point. 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 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 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. It is an offence throughout the United Kingdom and United Kingdom Waters to contravene any of the prohibitions 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). Under section 21 of the Act the penalty for contravening an emergency prohibition is-
(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.
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| © Crown copyright 1999 | Prepared 27 August 1999 |