Citation, commencement and interpretation

1.-(1) This Order may be cited as the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No.4) Order 1995 and shall come into force at 20.00 hours on 26th June 1995.

(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, "razor clams" means Ensiss.p.p. and "relevant time" means one minute past midnight on 26th June 1995.

Designated circumstances

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

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 mussels, scallops or razor clams in the designated area.

Prohibited movement of mussels, scallops or razor clams

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

Restrictions throughout the United Kingdom

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

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

(c)supply, or have in possession for supply, any mussels, scallops or razor clams 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.

Article 3

SCHEDULETHE DESIGNATED AREA

That area of sea within a line drawn from a point at Dunnet Head on the north coast of Scotland at 58° 40.5'N latitude and 003° 22.5'W longitude in a north-easterly direction to Tor Ness on the Island of Hoy at 58° 46.5'N latitude and 003° 17.5'W longitude then east along the line of the mean high water springs to Cantick Head at 58° 47.25'N latitude and 003° 7.8'W longitude and then in a north-easterly direction to a point at Hoxa Head at 58° 49.0'N latitude and 003° 01.95'W longitude on the Island of South Ronaldsay, then along the line of the mean high water springs of the south-west, south and east coast of South Ronaldsay, across the Churchill Barrier No.4, along the east coast of the Island of Burray, across Churchill Barrier No.3, along the east coast of the Island of Glimps Holm, across Churchill Barrier No.2, along the east coast of the Island of Lambs Holm, across Churchill Barrier No.1 and then along the south-east and east and north coasts of the Mainland of Orkney to a point at Costa Head at 59° 09.25'N latitude and 003° 13.0'W longitude, then to a point at Sacquoy Head on the Island of Rousay at 59° 12'N latitude and 003° 04.5'W longitude, then to a point at Noup Head on the Island of Westray at 59° 20.0'N latitude and 003° 04.25'W longitude, then along the line of the mean high water springs on the southern shore of the island to a point at Weather Ness at 59° 14.75'N latitude and 002° 50.0'W longitude then to a point at Red Head on the Island of Eday at 59° 15.0'N latitude and 02° 45.5'W longitude then to a point at Whale Point on the Island of Sanday at 59° 17.55'N latitude and 002° 37.0'W longitude and then along the line of the mean high water springs on the west, south and east coasts of the island to a point at 59° 15.25'N latitude and 002° 30'W longitude, then in a southerly direction to a point at 59° 00'N latitude and 002° 30.0'W longitude, then in a westerly direction to a point at 59° 00'N latitude and 001° 00'W longitude, then in a southerly direction to a point at 58° 15'N latitude and 001° 00'W longitude and then in an easterly direction to a point on the Scottish Mainland at 58° 15.0'N latitude and 003° 24.4'W longitude, then along the eastern and northern coast of Scotland to the point of beginning at Dunnet Head.

Explanatory Note

(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 paralytic shellfish poisoning in human beings.

The Order designates an area of sea around the Orkney Islands within which taking mussels, scallops or razor clams is prohibited (articles 3 and 4 and the Schedule). It prohibits the movement of mussels, scallops or razor clams out of that area (article 5). Other restrictions are imposed throughout the United Kingdom in relation to the use of any mussels, scallops or razor clams taken from that area.

Under section 21 of the Food and Environment Protection Act 1985 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 1985 Act. Obstruction of enforcement officers is an offence under paragraph 10 of that Schedule.