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SCOTTISH STATUTORY INSTRUMENTS

2000 No. 291

PUBLIC HEALTH

CONTAMINATION OF FOOD

The Food Protection (Emergency Prohibitions) (Amnesic ShellfishPoisoning) (West Coast) (No. 2) (Scotland) Order 2000

	Made	17th August 2000
	Laid before the Scottish Parliament	21st August 2000
	Coming into force in accordance with article 1(1)

1

Citation, commencement and interpretation

1.

- (1) This Order may be cited as the Food Protection (Emergency Prohibitions)(Amnesic Shellfish Poisoning) (West Coast) (No. 2) (Scotland) Order 2000and shall come into force at 1700 hours on 17th August 2000.

(2) In this Order-

pecten maximus;

Designated circumstances
     2. In the opinion of the Scottish Ministers, scallops in the areasdesignated in article 3 below may be affected by the toxin which causesamnesic shellfish poisoning in human beings and are likely to create ahazard to human health if they are consumed.

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

Activity prohibited in the designated areas
     4. No person shall fish for or take any scallops in a designated area.

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

Restrictions
     6. No person shall-

(a) use any scallops taken out of a designated area after the relevant timein the preparation or processing for supply of food and anything from whichfood could be derived;

(b) land any scallops which were in waters in a designated area after therelevant time;

(c) supply, or have in possession for supply, any scallops which were in adesignated area after the relevant time;

(d) supply, or have in possession for supply, any food or anything fromwhich food could be derived in the preparation or processing of whichanything was used in contravention of paragraph (a) of this article; or

(e) feed to any creature a feeding stuff in the preparation or processingof which anything was used in contravention of paragraph (a) of thisarticle.

IAIN GRAY
Authorised to sign by the Scottish Ministers

St Andrew's House, Edinburgh
17th August 2000

SCHEDULE

2

EXPLANATORY NOTE

(This note is not part of the Order)

This Order, which forms part of Scots law only, contains emergencyprohibitions restricting various activities in order to prevent humanconsumption of food rendered unsuitable for that purpose by virtue ofshellfish having been affected by the toxin which causes amnesic shellfishpoisoning in human beings.

The Order designates three areas of sea off the west coast of Scotlandwithin which taking scallops is prohibited (articles 3 and 4 and theSchedule). It prohibits the movement of scallops out of those areas(article 5). Other restrictions are imposed in relation to the use of anyscallops taken from those areas (article 6).

It is an offence by virtue of section 1(6) of the Food and EnvironmentProtection Act 1985 ("the Act") as read with Schedule 1, paragraph 4to the Act as inserted by paragraph 10(13) of the Schedule to the ScotlandAct 1998 (Modification of Functions) Order 1999 (S.I. 1999/1756), tocontravene any of the prohibitions contained in this Order anywhere in theUnited Kingdom or in United Kingdom waters.

Under section 21 of the Act the penalty for contravening an emergencyprohibition is-

Powers of enforcement in relation to emergency prohibitions areconferred by section 4 of, and Schedule 2 to, the Act. Obstruction ofenforcement officers is an offence under paragraph 10 of that Schedule.

[1] 1985 c.48; section 1(1) and (2) was amended by section51(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 theScotland Act 1998 (Modification of Functions) Order 1999, Schedule,paragraph 10 (S.I. 1999/1756), the Food Standards Act 1999 (c.28), Schedule5, paragraph 6 and the Scotland Act 1998 (Consequential Modifications)Order 2000, Schedule, Part I, paragraph 12.back

[2] S.I. 1999/1126.back

ISBN 0110594436


© Crown copyright 2000	Prepared 25 August 2000

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