Food Protection (Emergency Prohibitions) (Diarrhetic Shellfish Poisoning) (East Coast) (Scotland) Order 2004 (S.S.I. No. 298 of 2004)

The Food Protection (Emergency Prohibitions) (Diarrhetic Shellfish Poisoning) (East Coast) (Scotland) Order 2004 file:///D/HTML/uk48870.htm[16.01.2025 11:45:22] Scottish Statutory Instrument 2004 No. 298 The Food Protection (Emergency Prohibitions) (Diarrhetic Shellfish Poisoning) (East Coast) (Scotland) Order 2004 © Crown Copyright 2004 Scottish Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament. The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users. 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Braille copies of this Scottish Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk. Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions. To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available. 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 or recess for more than four days. SCOTTISH STATUTORY INSTRUMENTS 2004 No. 298 PUBLIC HEALTH CONTAMINATION OF FOOD file:///bookstore.htm?AF=A10075&FO=38383&Action=AddItem&ProductID=0110691806 mailto:customer.services@tso.co.uk http://www.hmso.gov.uk/faqs.htm The Food Protection (Emergency Prohibitions) (Diarrhetic Shellfish Poisoning) (East Coast) (Scotland) Order 2004 file:///D/HTML/uk48870.htm[16.01.2025 11:45:22] The Food Protection (Emergency Prohibitions) (Diarrhetic Shellfish Poisoning) (East Coast) (Scotland) Order 2004 Made 18th June 2004 Laid before the Scottish Parliament 21st June 2004 Coming into force in accordance with article 1(1) The Scottish Ministers, in exercise of the powers conferred 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 and interpretation 1. - (1) This Order may be cited as the Food Protection (Emergency Prohibitions) (Diarrhetic Shellfish Poisoning) (East Coast) (Scotland) Order 2004 and shall come into force at 1600 hours on 18th June 2004. (2) In this Order (a) "scallops" means scallops of the class of Pecten maximus; and (b) "relevant time" means 0001 hours on 18th June 2004. Designated circumstances 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 diarrhetic 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 scallops in the designated area. Prohibited movement of scallops 5. No person shall move any scallops out of the designated area. Restrictions 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 Food Protection (Emergency Prohibitions) (Diarrhetic Shellfish Poisoning) (East Coast) (Scotland) Order 2004 file:///D/HTML/uk48870.htm[16.01.2025 11:45:22] 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; or (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. MALCOLM CHISHOLM A member of the Scottish Executive St Andrew's House, Edinburgh 18th June 2004 SCHEDULE Article 3 DESIGNATED AREA The area of sea below mean high water springs enclosed by a line starting at a point on the east coast of Scotland at 56°30'North latitude 2°42'18"West longitude; then east to 56°30'North latitude 2°30'West longitude; then south to 56°15'North latitude 2°30'West longitude; then west to a point on the east coast of the Scottish Mainland at 56°15'North latitude 2°38'19"West longitude; then north, east, and west along the shoreline of Saint Andrew's Bay, Tentsmuir Point, and the River Tay to 56°25'15"North latitude 3°West longitude; then north to a point on the north coast of the River Tay at 56°26'52"North latitude 3°West longitude; then east and north along the shoreline of the River Tay and Dundee to the point of beginning. EXPLANATORY NOTE (This note is not part of the Order) This Order, which forms part of Scots law only, 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 diarrhetic shellfish poisoning in human beings. The Order designates an area of sea off the east coast of Scotland within which the taking of scallops is prohibited (articles 3 and 4 and the Schedule). It prohibits the movement of scallops out of the area (article 5). Other restrictions are imposed in relation to the use of any scallops taken from the area (article 6). The Food Protection (Emergency Prohibitions) (Diarrhetic Shellfish Poisoning) (East Coast) (Scotland) Order 2004 file:///D/HTML/uk48870.htm[16.01.2025 11:45:22] Other Scottish Statutory Instruments | UK Statutory Instruments | Home | Her Majesty's Stationery Office We welcome your comments on this site © Crown copyright 2004 Prepared 30 June 2004 It is an offence 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 Act as inserted by paragraph 10(13) of the Schedule to the Scotland Act 1998 (Modification of Functions) Order 1999 (S.I. 1999/1756), to contravene any of the prohibitions contained in this Order anywhere in the United Kingdom or in United Kingdom waters. 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. Notes: [1] 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); section 1(2) defines "designating authority"; section 1 was further amended by the Scotland Act 1998 (Modification of Functions) Order 1999 (S.I. 1999/1756), Schedule, paragraph 10(2) and (3); the Foods Standards Act 1999 (c.28), Schedule 5, paragraph 6 and the Scotland Act 1998 (Consequential Modifications) Order 2000 (S.I. 2000/2040), Schedule, Part I, paragraph 12.back ISBN 0 11 069180 6 http://www.scotland-legislation.hmso.gov.uk/legislation/scotland/s-stat.htm http://www.legislation.hmso.gov.uk/stat.htm file:/// http://www.hmso.gov.uk/ http://www.hmso.gov.uk/contact/comments.htm