Citation, commencement and interpretation

1. -“(1)This Order may be cited as the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No. 11) Order 1991 and shall come into force at 18.00 hours on 6th September 1991.

(2) In this Order "green crab" means the species known as "carcinus maenas"; "velvet crab" means the species known as "liocarcinus puber" and relevant time means one minute past midnight on 6th September 1991.

Designated circumstances

2. In the opinion of the Secretary of State, green crabs or velvet crabs in the area designated in article 3 below may be affected by the toxin which causes Paralytic 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 green crabs or velvet crabs in the designated area.

Prohibited movement of green crabs or velvet crabs

5. No person shall move any green crabs or velvet crabs out of the designated area.

Restrictions throughout the United Kingdom

6. No person shall in the United Kingdom or in United Kingdom waters-

(a)use any green crabs or velvet crabs taken out of the designated area after the relevant time in the preparation or processing for supply of food and anything from which food could be derived,

(b)land any green crabs or velvet crabs which were in waters in the designated area after the relevant time,

(c)supply, or have in possession for supply, any green crabs or velvet crabs 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 sub-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 sub-paragraph (a) of this article.

Article 3

SCHEDULETHE DESIGNATED AREA

That area of the sea below the mean high water springs enclosed by a straight line extending in a north easterly direction from Mull Head at 58° 58.4'N latitude and 2° 42.7'W longitude on Deerness peninsula on the Mainland of Orkney to Lamb Head at 59° 4.6'N latitude and 2° 32'W longitude on the Island of Stronsay; then in a northerly direction to Burgh Head at 59° 5.6'N latitude and 2° 31.4'W longitude on the Island of Stronsay; then in a northerly direction to Tres Ness at 59° 13.4'N latitude and 2° 30.4'W longitude on the Island of Sanday and then along the line of the mean high water springs around the southern and western coasts of the Island of Sanday to the Ness of Brough at 59° 16'N latitude and 2° 36.5'W longitude; then in a north westerly direction to Mull Head at 59° 23.2'N latitude and 2° 52.7'W longitude on the Island of Papa Westray; then in a south westerly direction to Noup Head lighthouse at 59° 19.9'N latitude and 3° 4.1'W longitude on the Island of Westray; then in a south westerly direction to Brough Head at 59° 8.2'N latitude and 3° 20.3'W longitude on the Mainland of Orkney; then generally in an easterly and south easterly direction along the line of the mean high water springs on the northern shore of the Mainland of Orkney to Aiker Ness at 59° 7.45'N latitude and 3° 4.4'W longitude; then in a generally easterly direction along the same line and shore to the point of beginning at Mull Head.

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 paralytic shellfish poisoning in human beings.

The Order designates an area within which fishing for or taking green crabs or velvet crabs is prohibited (articles 3 and 4 and the Schedule). It prohibits the movement of green crabs or velvet crabs out of that area (article 5). Other restrictions are imposed throughout the United Kingdom in relation to the use of any green crabs or velvet crabs taken from that area.

Under section 21 of the Food and Environment Protection Act 1985 the penalty for contravening an emergency prohibition is-

(a)on summary conviction, a fine of an amount not exceeding the statutory maximum (at present £2,000);

(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 1985 Act. Obstruction of enforcement officers is an offence under paragraph 10 of that Schedule.