Statutory Instrument 1995 No. 1737

The Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No.6) Order 1995

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© Crown Copyright 1995

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Order made by the Secretary of State, laid before Parliament under section 1(8) of the Food and Environment Protection Act 1985, for approval by resolution of each House of Parliament within twenty-eight days beginning with the day on which the Order was made, subject to extension for periods of dissolution, prorogation or adjournment for more than four days.

1995 No. 1737

PUBLIC HEALTH, ENGLAND AND WALES

PUBLIC HEALTH, SCOTLAND

PUBLIC HEALTH, NORTHERN IRELAND
CONTAMINATION OF FOOD

The Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No.6) Order 1995

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^[1], 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 1995 and shall come into force at 20.00 hours on 6th July 1995.

    (2)  In this Order "scallops" means scallops of the class of Pecten Maximus and Queen Scallops of the class of Chlamys Opercularis, and "relevant time" means one minute past midnight on 6th July 1995.

Designated circumstances
    2.    In the opinion of the Secretary of State, scallops 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 scallops in the designated area.

Prohibited movement of scallops
    5.    No person shall move any scallops 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 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 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,
 (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.

A J Matheson

Assistant Secretary, Scottish Office
Pentland House, Edinburgh

6th July 1995

[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), 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". back

Explanatory Note