Citation, commencement and interpretation1.

(1)

This Order may be cited as the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) Order 1994 and shall come into force at 1400 hours on 20th July 1994.

(2)

In this Order “razor clams” means Ensis s.p.p., “scallops” means scallops of the class of Pecten Maximusand Queen Scallops of the class of Chlamys Opercularis, “mussels” means Mytilus Edulisand “relevant time” means one minute past midnight on 20th July 1994.

Designated circumstances2.

In the opinion of the Secretary of State, razor clams, scallops and mussels 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 area3.

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 area4.

No person shall fish for or take any razor clams, scallops or mussels in the designated area.

Prohibited movement of razor clams, scallops or mussels5.

No person shall move any razor clams, scallops or mussels out of the designated area.

Restrictions throughout the United Kingdom6.

No person shall in the United Kingdom or in United Kingdom waters–

(a)

use any razor clams, scallops or mussels 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 razor clams, scallops or mussels which were in waters in the designated area after the relevant time,

(c)

supply, or have in possession for supply, any razor clams, scallops or mussels 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