The Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No.5) Order 1995

Order made by the Secretary of State, laid before Parliament under section 1(8) of the Food and Environment Protection Act 1985, for approval by resolution of each House of Parliament within twenty-eight days beginning with the day on which the Order was made, subject to extension for periods of dissolution, prorogation or adjournment for more than four days.

Statutory Instruments

1995 No. 1714

PUBLIC HEALTH, ENGLAND AND WALES

PUBLIC HEALTH, SCOTLAND

PUBLIC HEALTH, NORTHERN IRELAND

CONTAMINATION OF FOOD

The Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No.5) Order 1995

Made

4th July 1995

Laid before Parliament

6th July 1995

Coming into force in accordance with article 1(1)

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.5) Order 1995 and shall come into force at 20.00 hours on 4th July 1995.

(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 one minute past midnight on 4th July 1995.

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 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 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 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.

A J Matheson

Assistant Secretary, Scottish Office

Pentland House,

Edinburgh

4th July 1995

Article 3

SCHEDULE The Designated Area

The area of sea in the Orkney Islands within the line drawn from a point at Noup Head on the Island of Westray at 59° 20.0'N latitude and 003° 04.25'W longitude in a north north-easterly direction to a point at 59° 30.0'N latitude and 003° 00.0'W longitude, then in an easterly direction to a point at 59° 30.0'N latitude and 001° 00.0'W longitude, then in a southerly direction to a point at 59° 00.0'N latitude and 001° 00.0'W longitude, then in a westerly direction to a point at 59° 00.0'N latitude and 002° 30.0' W longitude, then in a northerly direction to a point on the Island of Sanday at 59° 15.25'N latitude and 002° 30.0'W longitude (Rocks of Smeargeo) and then along the line of the mean high water springs along the north-east and northerly coasts of the island to Whale Point at 59° 17.55'N latitude and 002° 37.0'W longitude, then in a south-westerly direction to a point at Red Head on the Island of Eday at 59° 15.0'N latitude and 002° 45.5'W longitude, then in a westerly direction to a point at Weather Ness on the Island of Westray at 59° 14.75'N latitude and 002° 50.0'W longitude, then along the line of the mean high water springs on the north coast of the island to the point of beginning at Noup 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 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 throughout the United Kingdom in relation to the use of any scallops 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 £5,000);

(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.

(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”.