The Food Protection (Emergency Prohibitions) (Oil and Chemical Pollution of Fish and Plants) (Partial Revocation No. 2) Order 1997

Link to law: http://www.legislation.gov.uk/uksi/1997/1481/made/data.htm?wrap=true
Published: 1997-06-09

Statutory Instruments
1997 No. 1481

PUBLIC HEALTH, ENGLAND AND WALES
PUBLIC HEALTH, SCOTLAND
PUBLIC HEALTH, NORTHERN IRELAND
CONTAMINATION OF FOOD
The Food Protection (Emergency Prohibitions) (Oil and Chemical Pollution of Fish and Plants) (Partial Revocation No. 2) Order 1997

Made
9th June 1997

Laid before Parliament
11th June 1997

Coming into force
10th June 1997

Whereas the Secretary of State was of the opinion, as mentioned in section 1(1)(a) of the Food and Environment Protection Act 1985(1), that there existed or might have existed circumstances which were likely to create a hazard to human health through human consumption of food;
And whereas the Secretary of State was of the opinion, as mentioned in section 1(1)(b) of the said Act, that in consequence food which was derived or might have been in the future derived from fish and plants in the area described in the Schedule to the Food Protection (Emergency Prohibitions) (Oil and Chemical Pollution of Fish and Plants) Order 1996(2) was, or might have been, or might have become unsuitable for human consumption;
And whereas the Secretary of State is now of the opinion that food which is derived from edible plants or edible seaweed in the said area is no longer unsuitable for human consumption in consequence of the said circumstances;
And whereas the Secretary of State is now of the opinion that food which is derived from fish in that part of the said area described in Part I of the Schedule to this Order is no longer unsuitable for human consumption in consequence of the said circumstances;

Now, therefore, the Secretary of State in exercise of the powers conferred on him by section 1(1) and section 24(3) of the said Act, and of all other powers enabling him in that behalf hereby makes the following Order:—

Title, commencement and interpretation

1.—(1) This Order may be cited as the Food Protection (Emergency Prohibitions) (Oil and Chemical Pollution of Fish and Plants) (Partial Revocation No. 2) Order 1997 and shall come into force on 10th June 1997.

(2) In this Order—

“edible plants” means wild plants of the species Salicornia;

“edible seaweed” means wild seaweed of the species Porphyra, Rhodimenia or Chondrus;

“intertidal zone” means an area of sea between the mean high water spring tide line and the level of the lowest astronomic tide.

Partial Revocation

2.—(1) The Food Protection (Emergency Prohibitions) (Oil and Chemical Pollution of Fish and Plants) Order 1996 is hereby revoked—

(a)insofar as it applies in relation to edible plants and edible seaweed;

(b)with respect to the part of the area designated by that Order which is described in Part I of the Schedule to this Order.

(2) In consequence of the revocation of part of the designated area effected by paragraph (1) above that Order shall be amended by substituting for the area described in the Schedule the area described in Part II of the Schedule to this Order.

Signed by authority of the Secretary of State for Wales

Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
9th June 1997

Article 2
SCHEDULE

PART IPART OF THE DESIGNATED AREA NO LONGER DESIGNATED

That area of the sea around Wales below mean high water springs enclosed by a straight line extending due west from the mainland of Wales at St David’s Head 51° 54.3' N latitude and 05° 18.8' W longitude to a point at sea 51° 54.3' N latitude and 05° 28.5' W longitude; then in a south westerly direction to a point at sea 51° 52.0' N latitude and 05° 30.8' W longitude; then in a southerly direction to a point at sea 51° 43.8' N latitude and 05° 28.9' W longitude; then in a south by easterly direction to a point at sea 51° 37.3' N latitude and 05° 24.2' W longitude; then in a south easterly direction to a point at sea 51° 30.0' N latitude and 04° 55.4' W longitude; then in an east south easterly direction to a point at sea 51° 26.3' N latitude and 04° 12.7' W longitude; then due north to Port Eynon Point at 51° 32.2' N latitude and 04° 12.7' W longitude; then along the coast line in a generally northerly direction to Hills Tor in the County of Swansea at 51° 37.4' N latitude and 04° 16.2' W longitude; continuing along a straight line to Burry Port Harbour Light in the County of Carmarthenshire at 51° 40.5' N latitude and 04° 15.0' W longitude, then following the coast generally north westerly to Twyn Point in the County of Carmarthenshire at 51° 43.90' N latitude and 04° 22.08' W longitude; then along a line between Twyn Point and the Danger Zone Platform, designating the western edge of the Pembrey firing range, at 51° 43.96' N latitude and 04° 23.33' W longitude; then generally north westerly to Ginst Point in the County of Carmarthenshire at 51° 44.66' N latitude and 04° 24.98' W longitude; then following the coast line, in a general westerly direction to Studdock Point at 51° 40.03' N latitude and 05° 07.2' W longitude; then along a line between Studdock Point and St Ann’s Head at 51° 40.8' N latitude and 05° 10.02' W longitude; then along the coast from St Ann’s Head to St David’s Head.
The area described above does not include any part of the area designated by the Food Protection (Emergency Prohibitions) (Oil and Chemical Pollution of Fish and Plants) Order 1996 which is in an intertidal zone along the coast of Wales between Port Eynon Point at 51° 32.2' N latitude and 04° 12.7' W longitude and Studdock Point at 51° 40.03' N latitude and 05° 07.2' W longitude, or which comprises the intertidal zone around Caldey Island.


PART IITHE AREA REMAINING DESIGNATED

The intertidal zone along part of the South West Coast of Wales from Port Eynon Point on the Gower Peninsula at 51° 32.2' N latitude and 04° 12.7' W longitude to Hills Tor in the County of Swansea at 51° 37.4' N latitude and 04° 16.2' W longitude; then the intertidal zone seaward of a line between Hills Tor and the Burry Port Harbour Light at 51° 40.5' N latitude and 04° 15.0' W longitude; then the intertidal zone from Burry Port Harbour Light to Tywyn Point in the County of Carmarthenshire at 51° 43.90' N latitude and 04° 22.08' W longitude, then the intertidal zone seaward of a line between Twyn Point and Ginst Point in the County of Carmarthenshire at 51° 44.66' N latitude and 04° 24.98' W longitude, passing through the Danger Zone Platform designating the western edge of the Pembrey Firing Range at 51° 43.96' N latitude and 04° 23.33' W longitude; then the intertidal zone from the said Ginst Point to Studdock Point at 51° 40.03' N latitude and 05° 07.2' W longitude (including the intertidal zone around Caldey Island); then the area of sea below mean high water springs comprising the estuary known as Milford Haven which lies to the east of a line between Studdock Point and St Ann’s Head at 51° 40.8' N latitude and 05° 10.02' W longitude.
Explanatory Note

(This note is not part of the Order)
This Order partially revokes the Food Protection (Emergency Prohibitions) (Oil and Chemical Pollution of Fish and Plants) Order 1996 (“the principal Order”) which contained emergency prohibitions on various activities in order to prevent human consumption of food rendered unsuitable for that purpose by virtue of edible plants, edible seaweed and fish having been affected by oil and other chemical pollutants.
This partial revocation provides that the emergency prohibitions contained in the principal Order shall not apply in relation to edible plants and edible seaweed (article 2). It also provides that the said emergency prohibitions shall not apply to the part of the area designated by the principal Order which is not in an intertidal zone, as defined, between Port Eynon Point and St Ann’s Head (including the intertidal zone around Caldey Island) or which is not in Milford Haven (article 2 and the Schedule).
Maps showing the area which remains designated and the area derestricted by this Order are available for inspection during normal office hours at the offices of the Ministry of Agriculture Fisheries and Food at 5, Hamilton Terrace, Milford Haven, Pembrokeshire SA73 2AL and at the offices of the Welsh Office Agriculture Department at Cathays Park, Cardiff CF1 3NQ.


(1)
1985 c. 48; section 1 was amended by section 51 of the Food Safety Act 1990 (c. 16) and section 24(1) was amended by paragraph 29 of Schedule 3 to Act; section 1(2) defines “designating authority” and section 24(1) defines “the Ministers”.

(2)
S.I. 1996/448, which was partially revoked by S.I. 1996/1213, S.I. 1996/1319, S.I. 1996/1712, S.I. 1996/1957, S.I. 1996/2355, S.I. 1996/2649 and S.I. 1997/239.
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