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.
2005 No. 455
The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 11) (Scotland) Order 2005
Made
Laid before the Scottish Parliament
Coming into force in accordance with article 1(1)
The Scottish Ministers, in exercise of the powers conferred by sections 1(1) and (2) and 24(3) of the Food and Environment Protection Act 19851 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 areas described in the following Order, is, or may be, or may become, unsuitable for human consumption, hereby make the following Order:
Citation, commencement and interpretation1
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 11) (Scotland) Order 2005 and shall come into force at 1630 hours on 15th September 2005.
2
In this Order–
a
“scallops” means scallops of the species Pecten maximus; and
b
“relevant time” means 0001 hours on 15th September 2005.
Designated circumstances2
In the opinion of the Scottish Ministers, scallops in the areas 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.
Designated areas3
The areas described in the Schedule to this Order are hereby designated for the purposes of Part I of the Food and Environment Protection Act 1985.
Activity prohibited in the designated areas4
No person shall fish for or take any scallops in the designated areas.
Prohibited movement of scallops5
No person shall move any scallops out of the designated areas.
Restrictions6
No person shall–
a
use any scallops taken out of the designated areas 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 areas after the relevant time;
c
supply, or have in possession for supply, any scallops which were in the designated areas 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.
SCHEDULETHE DESIGNATED AREAS
AREA 1
The area of sea below mean high water springs enclosed by a line starting at a point at (57.75°) 57°45'North latitude (−8°) 8°West longitude; then east to a point at (57.75°) 57°45'North latitude (−7.5°) 7°30'West longitude; then south to a point on the west coast of North Uist at (57.63903°) 57°38'21"North latitude (−7.5°) 7°30'West longitude; then west, south and east along the shoreline of North Uist to a point at (57.58303°) 57°34'60"North latitude (−7.5°) 7°30'West longitude; then south to a point at (57.5°) 57°30'North latitude (−7.5°) 7°30'West longitude; then west to a point at (57.5°) 57°30'North latitude (−8°) 8°West longitude; then north to the point of beginning.
AREA 2
The area of sea below mean high water springs enclosed by a line starting at a point at (57.5°) 57°30'North latitude (−8°) 8°West longitude; then east to a point at (57.5°) 57°30'North latitude (−7.5°) 7°30'West longitude; then south to a point at (57.25°) 57°15'North latitude (−7.5°) 7°30'West longitude; then west to a point at (57.25°) 57°15'North latitude (−8°) 8°West longitude; then north to the point of beginning.
(This note is not part of the Order)