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Statutory Instruments of the Scottish Parliament
You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> The Food Protection (Emergency Prohibitions) (Amnesic, Paralytic and Diarrhetic Shellfish Poisoning) (Orkney) (Scotland) Order 2001
URL: http://www.bailii.org/scot/legis/num_reg/2001/20010282.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 and interpretation 1. - (1) This Order may be cited as the Food Protection (Emergency Prohibitions) (Amnesic, Paralytic and Diarrhetic Shellfish Poisoning) (Orkney) (Scotland) Order 2001 and shall come into force at 1700 hours on 3rd August 2001. (2) In this Order-
(b) "relevant time" means 0001 hours on 3rd August 2001.
Designated circumstances
(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; or (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 sea around the islands of Orkney below mean high water springs enclosed by a line extending from Tor Ness on the island of Hoy at 58°47'North latitude 3°17.5'West longitude; then due south to a point at 58°45'North latitude 3°17.5'West longitude; then due east to Barth Head on South Ronaldsay at 58°45'North latitude 2°59'West longitude; then north and west along the shoreline of South Ronaldsay and the Mainland to Breck Ness on the Mainland at 58°58'North latitude 3°21'West longitude; then south and west to the Kame of Hoy on Hoy at 58°55.5'North latitude 3°24'West longitude; then east, south and west along the shoreline of Hoy 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 toxins which cause amnesic, paralytic and diarrhetic 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-
(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 2001 | Prepared 17 August 2001 |