The Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No.6) Order 1993

Made: 18th June 1993

Laid before Parliament: 21st June 1993

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 area 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.6) Order 1993 and shall come into force at 1200 hours on 18th June 1993.

• (2) In this Order “razor clams” means Ensis s.p.p. and “relevant time” means one minute past midnight on 18th June 1993.

Designated circumstances

2

In the opinion of the Secretary of State, 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 razor clams in the designated area.

Prohibited movement of razor clams

5

No person shall move any 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 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 razor clams which were taken from waters in the designated area after the relevant time,

• (c) supply, or have in possession for supply, any 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.

SCHEDULE — The Designated Area

That area of the sea surrounding the Northern Isles of the Orkney Islands and below the line of the mean high water springs on these Islands bounded as follows: on the north by a straight line extending in an easterly direction from a point at 59°25'N latitude and 3° 20'W longitude to a point at 59° 25'N latitude and 2° 15'W longitude; then on the east by a straight line extending in a southerly direction from the last mentioned point to a point at 59° 00'N latitude and 2° 15'W longitude; then on the south by a straight line extending in a westerly direction from the last mentioned point to a point at 59° 00'N latitude and 2° 34.6'W longitude; then on the west by a straight line extending in a north westerly direction from the last mentioned point to Stream Taing 59° 04.13'N latitude and 2° 48.10'W longitude on the Island of Shapinsay then in a northerly direction following the line of mean high water springs on the eastern shore of that Island to Ness of Ork at 59° 5.25'N latitude and 2° 48.10'W longitude; then in a north westerly direction to the Point of Avelshay at 59° 8.20'N latitude and 2° 57.82'W longitude on the Island of Rousay; then extending generally in a northerly direction along the line of mean high water springs on the eastern shore and westerly on the northern shore of that Island to Farraclett Head at 59° 11.33'N latitude and 2deg; 58.00'W longitude; then in a north westerly direction to the point of beginning at 59° 25'N latitude and 3° 20'W longitude.

Signed

E.C. Davison — Assistant Secretary, Scottish Office — 18th June 1993

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 within which taking razor clams is prohibited (articles 3 and 4 and the Schedule). It prohibits the movement of razor clams out of that area (article 5). Other restrictions are imposed throughout the United Kingdom in relation to the use of any razor clams taken from that area. Emergency prohibitions have already been imposed on scallops (pectin maximus) Queen Scallops (chlamys opercularis) and mussels (mytilus edulis) from within that area by the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No.2) Order 1993 (S.I. 1993/1413).

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.

Footnotes

[^f00001]: 1985 c. 48; section 1(1) and (2) were amended by section 51(2)(a) and (b) 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”.