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, prorogation or adjournment for more than four days.
Scottish Statutory Instruments
1999 No. 110
CONTAMINATION OF FOOD
The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (East Coast) (No. 3) (Scotland) Order 1999
11th October 1999
Laid before the Scottish Parliament
14th October 1999
Coming into force in accordance with article 1(1)
The Scottish Ministers, in exercise of the powers conferred on them by section 1(1) and (2) and section 24(3) of the Food and Environment Protection Act 1985(1), 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, interpretation and extent
1.—(1) This Order may be cited as the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (East Coast) (No. 3) (Scotland) Order 1999 and shall come into force at 13.00 hours on 11th October 1999.
(2) In this Order “scallops” means scallops of the class ofpecten maximus and Queen scallops of the class ofchlamys operacularis and “relevant time” means 00.01 on 11th October 1999.
(3) This Order extends to Scotland and the Scottish zone.
2. In the opinion of the Scottish Ministers, scallops in the area 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.
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.
6. No person shall–
(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.
7. The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (East Coast) (No. 2) (Scotland) Order 1999(2) is hereby revoked.
J R WILDGOOSE
A member of the staff of the Scottish Ministers
11th October 1999
SCHEDULE 1THE DESIGNATED AREA
The area of sea below high water springs enclosed by a line starting at a point close to Portgordon on the Scottish mainland at 57° 40.1'N 3° 00'W; then west and north along the shore of the Moray Firth to Duncansby Head at 58° 38.7'N 3° 01.5'W; then north to Brough Ness on the island of South Ronaldsay at 58° 43.7'N 2° 57.5'W; then east and north along the east coast of South Ronaldsay to Rose Ness at 58° 52.4'N 2° 49.8'W; then east to a point at 58° 52.4'N 2° 30'W; then south to a point at 58° 45'N 2° 30'W; then east to 58° 45'N 2° 00'W; then south to 58° 00'N 2° 00'W; then west to 58° 00'N 3° 00'W; then south to the start point.
(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 amnesic 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 in relation to the use of any scallops taken from that area.
The Order continues in force the prohibitions contained in the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (East Coast) (No. 2) (Scotland) Order 1999 (S.S.I. 1999/72) (“the revoked Order”), which is revoked (article 7). The Order adds a further area of sea to that already designated in the revoked Order.
It is an offence throughout the United Kingdom and United Kingdom waters to contravene any of the prohibitions by virtue of section 1(6) of the Food and Environment Protection Act 1985 (“the Act”) as read with Schedule 1, paragraph 4 to the Food and Environment Protection Act as inserted by paragraph 10(13) of the Schedule to the Scotland Act 1998 (Modification of Functions) Order 1999 (S.I. 1999/1756).
Under section 21 of the Act 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 Act. Obstruction of enforcement officers is an offence under paragraph 10 of that Schedule
1985 c. 48; section 1(1) and (2) was amended by section 51(2)(a) and (b) of the Food Safety Act 1990 (c. 16); section 1(2) defines “designating authority”; section 1(2) was further amended by the Scotland Act 1998 (Modification of Functions) Order 1999 (S.I. 1999/1756); the functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).