Statutory Instrument 1998 No. 1582

The Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No.2) Order 1998

---

© Crown Copyright 1998

All Crown Copyrights are reserved. The following are concessions. Individuals are authorised to download this text to file or printer for their own individual use. Reproduction of the text for the purpose of developing and publishing value-added products is also allowed, without prior permission or charge, provided reproduction is accurate, not malicious and is accompanied by an acknowledgment of Crown copyright.

Any other proposed reproduction requires the consent of the Copyright Unit at Her Majesty's Stationery Office. For more details on the reproduction of Crown and Parliamentary copyright material, see the latest Her Majesty's Stationery Office Dear Publisher letter.

The text of this Internet version of the Statutory Instrument has been prepared to reflect the text as it was Made. The authoritative version is in printed form and is published by The Stationery Office Limited as the The Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No.2) Order 1998, ISBN 0 11 055802 2, £1.10 sterling. For details of how to obtain a printed copy see How to obtain The Stationery Office Limited titles.

The Secretary of State, in exercise of the powers conferred on him by section 1(1) and (2) and section 24(1) and (3) of the Food and Environment Protection Act 1985[1], and of all other powers enabling him 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 makes the following Order:

Citation, commencement and interpretation
1.  - (1) This Order may be cited as the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No.2) Order 1998 and shall come into force at 22.00 hours on 29th June 1998.

    (2) In this Order "scallops" means scallops of the class of pecten maximus and queen scallops of the class of chlamys opercularis, and "relevant time" means 00.01 hours on 30th June 1998.

Designated circumstances
2. In the opinion of the Secretary of State, scallops 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 of 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 throughout the United Kingdom
6. No person shall in the United Kingdom or in United Kingdom waters-
 

(a) use any scallops 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 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 areas 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,

(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.
 

J R Wildgoose
Assistant Secretary, Scottish Office

Pentland House, Edinburgh
29th June 1998
 
 

That area of sea to the east of the Orkney Islands bounded by a line extending from a point at 59°30'N 2°30'W then due east to a point at 59°30'N 1°30'W then due south to a point at 59°N 1°30'W then due west to a point at 59°N 2°30'W then due north to the start point.
 

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 of sea within which taking scallops is prohibited (articles 3 and 4 and the Schedule). It prohibits the movement of such shellfish out of that area (article 5). Other restrictions are imposed throughout the United Kingdom in relation to the use of any such shellfish taken from that area (article 6).

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 £5,000);

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

[1] 1985 c.48; section 1(1) and (2) were amended by section 51(2)(a) and (b) of the Food Safety Act 1990 (c.16), and section 24(1) was amended by paragraph 29 of Schedule 3 to that Act; section 1(2) defines "designating authority" and section 24(1) defines "the Ministers".back