The Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) Order 1998

• Citation: S.I. 1998/1342
• Sections: 8

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) Order 1998 and shall come into force at 20.00 hours on 29th May 1998.

(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 , “cockles” means cerastoderma edule , “razor clams” means ensis s.p.p. and “relevant time” means 00.01 hours on 30th May 1998.

Section 2 Designated circumstances

In the opinion of the Secretary of State, mussels, scallops, cockles and razor clams in the areas 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.

Section 3 Designated areas

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.

Section 4 Activity prohibited in the designated areas

No person shall fish for or take any mussels, scallops, cockles or razor clams in the designated areas.

Section 5 Prohibited movement of mussels, scallops, cockles or razor clams

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

Section 6 Restrictions throughout the United Kingdom

No person shall in the United Kingdom or in United Kingdom waters—

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

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

(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.

Section 1

The area of sea around the Orkney Islands below mean high water springs enclosed by a line extending from a point at Pierowall on the island of Westray at 59° 19'N 2° 59'W then due east to a point at 59° 19'N 2° 30'W then due south to a point on the island of Sanday at 59° 17'N 2° 30'W then west, south and east along the shoreline of Sanday to a point on the island at 59° 15.5'N 2° 30'W then due south to a point at 59° 00'N 2° 30'W then due west to a point at 59° 00'N 2° 43'W then due south to Mull Head on the mainland at 58° 58'N 2° 43'W then west and north along the shore of the mainland at Costa Head at 59° 09.5'N 3° 13'W then north and east to Noup Head on Westray at 59° 20'N 3° 04'W then east, north and west along the shoreline of Westray to the start point at Pierowall at 59° 19'N 2° 59'W.

Section 2

The area of sea around the islands of Orkney below mean high water springs enclosed by a line extending from Tor Ness on the island of Hoy at 58° 47'N 3° 17.5'W then due south to a point at 58° 45'N 3° 17.5'W then due east to Barth Head on South Ronaldsay at 58° 45'N 2° 59'W then north and west along the shoreline of South Ronaldsay and the mainland to Breck Ness on the mainland at 58° 58'N 3° 21'W then south and west to the Kame of Hoy on Hoy at 58° 55.5'N 3° 24'W then east, south and west along the shoreline of Hoy to the start point at Tor Ness at 58° 47'N 3° 17.5'W.