BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?

No donation is too small. If every visitor before 31 December gives just £5, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!



BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Statutory Instruments of the Scottish Parliament


You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (East Coast) (Scotland) Order 2004 No. 435
URL: http://www.bailii.org/scot/legis/num_reg/2004/20040435.html

[New search] [Help]



2004 No. 435

PUBLIC HEALTH

CONTAMINATION OF FOOD

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (East Coast) (Scotland) Order 2004

  Made 4th October 2004 
  Laid before the Scottish Parliament 6th October 2004 
  Coming into force in accordance with article 1(1)

The Scottish Ministers, in exercise of the powers conferred 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 Shellfish Poisoning) (East Coast) (Scotland) Order 2004 and shall come into force at 1730 hours on 4th October 2004.

    (2) In this Order-

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-


J T BROWN
A member of the staff of the Scottish Ministers

St Andrew's House, Edinburgh
4th October 2004



SCHEDULE
Article 3


THE DESIGNATED AREA


The area of sea below mean high water springs enclosed by a line starting at a point on the Scottish mainland at 58°15'North latitude 3°24'30"West longitude; then east to a point at 58°15'North latitude 3°00'West longitude; then north to a point at 58°30'North latitude 3°00'West longitude; then west to a point on the Scottish mainland at 58°30'North latitude 3°07'30"West longitude; then south and west along the mainland coastline 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 toxin which causes amnesic shellfish poisoning in human beings.

The Order designates an area within which taking scallops in 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-

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.


Notes:

[1] 1985 c.48; section 1(1) and (2) was amended by section 51(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 the Scotland Act 1998 (Modification of Functions) Order 1999 (S.I. 1999/1756), Schedule, paragraph 10, the Food Standards Act 1999 (c.28), Schedule 5, paragraph 6 and the Scotland Act 1998 (Consequential Modifications) Order 2000 (S.I. 2000/2040), Schedule, Part I, paragraph 12.back



ISBN 0 11069278 0


  © Crown copyright 2004

Prepared 15 October 2004


BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/scot/legis/num_reg/2004/20040435.html