Scottish Statutory Instrument 1999 No. 7

The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (Scotland) Order 1999

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© Crown Copyright 1999

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Crown copyright 1999
with the permission of the Queen's Printer for Scotland

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The text of this Internet version of the Scottish Statutory Instrument has been prepared to reflect the text as it was Made. The authoritative version is the Queen's Printer for Scotland copy published by The Stationery Office Limited as the The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (Scotland) Order 1999, ISBN 0 11 059109 7, £1.50 sterling. For details of how to obtain an official copy see How to obtain The Stationery Office Limited titles.

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, interpretation and extent
1.  - (1) This Order may be cited as the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (Scotland) Order 1999 and shall come into force at 17.30 hours on 15th July 1999.

    (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 0.01am on 9 July 1999.

    (3) This Order extends to Scotland and the Scottish zone.

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-
 

(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 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,

(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 A member of the staff of the Scottish Ministers

Pentland House, Edinburgh
15th July 1999
 
 

The area of water below high water springs enclosed by a line starting from a point on the west shore of the Mull of Kintyre at 55°45'N 5°35'W; then west to a point on the east coast of Islay at 55°45'N 6°03'W; then north, west and south along the shore of Islay to a point on the west coast of Islay at 55°45'N 6°28.6'W; then west to 55°45'N 6°30'W; then north to 56°N 6°30'W; then west to 56°N 7°W; then north to 56°30'N 7°W; then west to 56°30'N 7°30'W; then north to Rubha Mor on the south coast of Barra at 56°57'N 7°26'W; then north along the east shore of Barra to a point on the shore at 57°03.5'N 7°26.5'W; then north and east to a point on the shore of South Uist at 57°06.2'N 7°20'W; then north along the east coasts and roadways linking South Uist, Benbecula, Grimsay and North Uist to a point on the north shore of North Uist at 57°35.8'N 7°06.4'W (Rubha nan Pleac); then north and east to Renish Point on Harris at 57°43.6'N 6°58'W; then north along the east shore of Harris and Lewis to a point on the north east coast of Lewis at 58°30'N 6°13.4'W; then east to a point on the mainland of Scotland at 58°30'N 5°07.2'W; then south along the western mainland shore of Scotland 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 amnesic shellfish poisoning in human beings.

The Order designates an area 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.

It is an offence throughout the United Kingdom and United Kingdom Waters to contravene any of the prohibitions 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).

Under section 21 of the Act 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 of indictment, an unlimited fine, or imprisonment for a term of not more than two years, or both.
 

[1] 1985 c.48; sections 1(1) and (2) were 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); the functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).back

[2] S.S.I. 1999/3.back