Order made by the Scottish Ministers, laid before the Scottish Parliament under section 1(8) of the Food and Environment Protection Act 1985, for approval by resolution of the Scottish Parliament within twenty-eight days beginning with the day on which the Order was made, subject to extension for periods of dissolution or recess for more than four days.
2004 No. 417
The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (Orkney) (No. 4) (Scotland) Order 2004
Made
Laid before the Scottish Parliament
Coming into force in accordance with article 1(1)
The Scottish Ministers, in exercise of the powers conferred by sections 1(1) and (2) and 24(3) of the Food and Environment Protection Act 19851 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 interpretation1
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (Orkney) (No. 4) (Scotland) Order 2004 and shall come into force at 1230 hours on 24th September 2004.
2
In this Order–
a
“scallops” means scallops of the species Pecten maximus; and
b
“relevant time” means 0001 hours on 24th September 2004.
Designated circumstances2
In the opinion of the Scottish Ministers, scallops in the areas 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 areas3
The areas described in the Schedule to this Order are hereby designated for the purposes of Part I of the Food and Environment Protection Act 1985.
Activity prohibited in the designated areas4
No person shall fish for or take any scallops in the designated areas.
Prohibited movement of scallops5
No person shall move any scallops out of the designated areas.
Restrictions6
No person shall–
a
use any scallops taken out of the designated areas 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 areas 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; or
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.
SCHEDULETHE DESIGNATED AREAS
Area 1
The area of sea below mean high water springs enclosed by a line starting at a point at 59°15'North latitude 3°30'West longitude; then east to a point at 59°15'North latitude 3°West longitude; then south to a point on the north coast of the island of Rousay at 59°10'44"North latitude 3°West longitude; then west, south and east along the shoreline of Saviskaill Bay, Saviskaill Head, Sacqouy Head and Scabra Head to a point at 59°07'37"North latitude 3°West longitude; then south to a point on the north coast of the island of Wyre at 59°07'09"North latitude 3°West longitude; then west, south and east to a point at 59°06'49"North latitude 3°West longitude; then south to a point on the east coast of Mainland Orkney at 59°00'17"North latitude 3°West longitude; then north, west and south along the shoreline of Ferry Point to a point at 59°North latitude 3°03'02"West longitude; then west to a point at 59°North latitude 3°05'23"West longitude; then west, north and east along the shoreline of the Bay of Firth, then east, north and south continuing along the shoreline of Costa Head, Point of Buckquoy, Birsay Bay, Marwick Head, Bay of Skaill, and Row Head to a point at 59°North latitude 3°22'West longitude; then west to a point at 59°North latitude 3°30'West longitude; then north to the point of beginning; under exception of the area of sea below mean high water springs enclosed by a line starting at a point at 59°00'56"North latitude 3°05'54"West longitude; then east and south to a point at 59°00'02"North latitude 3°02'57"West longitude; then west along the shoreline to a point at 59°North latitude 3°03'03"West longitude; then west to a point at 59°North latitude 3°05'23" West longitude; then west and north to the point of beginning.
Area 2
The area of sea below mean high water springs enclosed by a line starting on the Orkney mainland at a point at 59°00'17"North latitude 3°West longitude; then north to a point on the south coast of Wyre at 59°06'49"North latitude 3°West longitude; then east, north and west along the shoreline to a point on the north coast of Wyre at 59°07'09"North latitude 3°West longitude; then north to a point on the south coast of Rousay at 59°07'37"North latitude 3°West longitude; then east, north and west along the shoreline of Rousay to a point on the north shore at 59°10'44"North latitude 3°West longitude; then north to a point at 59°15'North latitude 3°West longitude; then east to a point on the west coast of Westray at 59°15'North latitude 2°52'05"West longitude; then south, east and north along the shoreline to a point on the east coast of Westray at 59°15'North latitude 2°51'26"West longitude; then east to a point at 59°15'North latitude 2°51'9'West longitude; then south, east and north to a point on the east coast of Westray at 59°15'North latitude 2°50'5'West latitude; then east to a point on the west coast of Eday at 59°15'North latitude 2°45'42"West longitude; then south, east and north along the shoreline to a point on the east coast of Eday at 59°15'North latitude 2°45'22"West longitude; then east to a point on the west coast of Sanday at 59°15'North latitude 2°38'14"West longitude; then south, east and north along the shore of Sanday to a point on the east coast of Sanday at 59°15'North latitude 2°30'West longitude; then south to a point at 59°North latitude 2°30'West longitude; then west to a point at the bay of Meil on the Orkney mainland at 59°North latitude 2°54'04"West longitude; then north, west and south along the shoreline to a point at 59°North latitude 2°56'05"West longitude, then west to a point at 59°North latitude 2°58'08"West longitude; then north along the shoreline to the point of beginning.
(This note is not part of the Order)