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      SCOTTISH STATUTORY INSTRUMENTS

      2000 No. 303

      PUBLIC HEALTH

      CONTAMINATION OF FOOD

      The Food Protection (Emergency Prohibitions) (Amnesic ShellfishPoisoning) (West Coast) (No. 3) (Scotland) Order 2000

        Made 30th August 2000 
        Laid before the Scottish Parliament 1st September 2000 
        Coming into force in accordance with article 1(1)

      The Scottish Ministers, in exercise of the powers conferred on them bysection 1(1) and (2) and section 24(3) of the Food and EnvironmentProtection Act 1985[1] and of all other powers enabling them inthat behalf, being of the opinion that there exist or may existcircumstances which are likely to create a hazard to human health throughhuman consumption of food and that in consequence food which is derived ormay be in the future derived from bivalve molluscs in the areas describedin the following Order, is, or may be, or may become, unsuitable for humanconsumption, 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) (West Coast) (No. 3) (Scotland) Order 2000and shall come into force at 1730 hours on 30th August 2000.

          (2) In this Order-

        (a) "scallops" means scallops of the class of pecten maximus;

        (b) "relevant time" means 0001 hours on 30th August 2000.

      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.


      SUSAN DEACON
      A member of the Scottish Executive

      St Andrew's House, Edinburgh
      30th August 2000



      SCHEDULE
      Article 3


      THE DESIGNATED AREAS


      AREA 1

      The area of sea below mean high water springs enclosed by a linestarting at 57º45' North latitude 6º56.4' West longitude; thennorth along the shoreline of Harris and Lewis to 57º56.4' Northlatitude 6º30' West longitude; then south to 57º45' Northlatitude 6º30' West longitude; then west to the point of beginning.

      AREA 2

      The area of sea below mean high water springs enclosed by a linestarting at Srianach on the east coast of Lewis at 58º North latitude6º23.6' West longitude; then north along the shoreline to 58º30'North latitude 6º13.4' West longitude; then east to 58º30' Northlatitude 6º West longitude; then south to 58º15' North latitude6º West longitude; then east to a point on the mainland close toStoerhead at 58º15' North latitude 5º23.6' West longitude; thensouth along the mainland shore to 58º North latitude 5º19.6' Westlongitude; then west to the point of beginning.

      AREA 3

      The area of sea below mean high water springs enclosed by a linestarting at 58º24' North latitude 6º30' West longitude; thennorth to 58º30' North latitude 6º30' West longitude; then east toa point on the western shore of Lewis at 58º30' North latitude6º16.4' West longitude; then south along the shoreline to the point ofbeginning.

      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-

        (a) on summary conviction, a fine of an amount not exceeding the statutorymaximum (at present £5,000);

        (b) on conviction on indictment, an unlimited fine, or imprisonment for aterm of not more than two years, or both.

      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 (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 (ConsequentialModifications) Order 2000 (S.I. 2000/2040), Schedule, Part I, paragraph 12.back


      ISBN 0110594525


 



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