The Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) Order 1998

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) Order 1998 and shall come into force at 20.00 hours on 29th May 1998.

(2) In this Order “mussels” means mytilus edulis, “scallops” means scallops of the class of pecten maximus and queen scallops of the class of chlamys opercularis, “cockles” means cerastoderma edule, “razor clams” means ensis s.p.p. and “relevant time” means 00.01 hours on 30th May 1998.

Designated circumstances

2.  In the opinion of the Secretary of State, mussels, scallops, cockles and razor clams in the areas 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 areas

3.  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 areas

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

Prohibited movement of mussels, scallops, cockles or razor clams

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

Restrictions throughout the United Kingdom

6.  No person shall in the United Kingdom or in United Kingdom waters—

(a) use any mussels, scallops, cockles or razor clams 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 mussels, scallops, cockles or razor clams which were in waters in the designated areas after the relevant time,

(c) supply, or have in possession for supply, any mussels, scallops, cockles or razor clams 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 May 1998