The Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No.4) Order 1991

Made: 5th July 1991

Laid before Parliament: 8th July 1991

Coming into force in accordance with article 1(1)

The Secretary of State, in exercise of the powers conferred on him by section 1(1) and (2) and section 24(1) and (3) of the Food and Environment Protection Act 1985[^f00001], and of all other powers enabling him 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 areas described in the following Order, is, or may be, or may become, unsuitable for human consumption, hereby makes the following Order:

Citation, commencement and interpretation

1

• (1) This Order may be cited as the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No.4) Order 1991 and shall come into force at 16.00 hours on 5th July 1991.

• (2) In this Order “bivalve mollusc” means bivalve molluscs of the class of lamellabranchia, and “relevant time” means one minute past midnight on 5th July 1991.

Designated circumstances

2

In the opinion of the Secretary of State, bivalve molluscs 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 areas

4

No person shall fish for or take any bivalve molluscs in the designated area.

Prohibited movement of bivalve molluscs

5

No person shall move any bivalve molluscs 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 bivalve molluscs 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 bivalve molluscs which were in waters in the designated area after the relevant time,

• (c) supply, or have in possession for supply, any bivalve molluscs 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 sub-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 sub-paragraph (a) of this article.

SCHEDULE — THE DESIGNATED AREA

That area of the sea including part of the Inner Sound lying to the east of the Islands of Rona and Raasay in Skye and Lochalsh District below mean high water springs and bounded by a straight line extending from a point on the line of the mean high water springs at Red Point at 57deg; 38.4'N latitude and 5° 49.1'W longitude in Ross and Cromarty District in a south westerly direction to a point on the line of the mean high water springs at the northern point of the Island of Rona at 57° 34.88'N latitude and 5° 57.5'W longitude then in a southerly direction along the line of the mean high water springs along the eastern shore of the Island of Rona to Garbh Eilean then by a straight line extending in a southerly direction to Rubha Ard Ghlaisen on the Island of Raasay and then along the line of the mean high water springs along the eastern shore of the Island of Raasay to Rubha na Leac at 57° 22.25'N latitude and 5° 59.55'W longitude then by a straight line extending in a north easterly direction to a point of the line of the mean high water springs at Rubha na Guailne at 57° 26.5'N latitude and 5° 51'W longitude on the Applecross Peninsula then in a northerly direction along the line of the mean high water springs along the western shore of the Applecross Peninsula to Rubha na Fearn and then in a south easterly and easterly direction along the line of the mean high water springs along the southern shore of Loch Torridon, along the western, southern and eastern shore of Loch Shieldaig and along the southern and eastern shores of Upper Loch Torridon, and then in a westerly and north westerly direction along the line of the mean high water springs along the northern shores of Upper Loch Torridon, Loch Diabaig and Loch Torridon to the point of beginning at Red Point.

Signed

P.S. Collings — Assistant Secretary, Scottish Office — 5th July 1991

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 two areas within which fishing for or taking bivalve molluscs is prohibited (articles 3 and 4 and the Schedule). It prohibits the movement of bivalve molluscs out of that area (article 5). Other restrictions are imposed throughout the United Kingdom in relation to the use of any bivalve molluscs taken from those areas.

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 £2,000);

• (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.

Footnotes

[^f00001]: 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 that Act; section 1(2) defines “designating authority” and section 24(1) defines “the Ministers”.