Statutory Instrument 1991 No. 1235

The Food Protection (Emergency Prohibitions) (Paralytic ShellfishPoisoning) Order 1991

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1991 No. 1235

PUBLIC HEALTH, ENGLAND AND WALES

PUBLIC HEALTH, SCOTLAND

PUBLIC HEALTH, NORTHERN IRELAND
CONTAMINATION OF FOOD

The Food Protection (Emergency Prohibitions) (Paralytic ShellfishPoisoning) Order 1991

Made	22nd May 1991

Laid before Parliament

23rd May 1991

Coming into force

22nd May 1991

The Minister of Agriculture, Fisheries and Food, in exercise of thepowers 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 whichare likely to create a hazard to human health through human consumptionof food and that in consequence food which is derived or may be in thefuture derived from scallops in the area described in the followingOrder, is, or may be, or may become, unsuitable for human consumption,hereby makes the following Order:

Title, commencement and interpretation
    1.—(1)  This Order may be cited as the Food Protection (EmergencyProhibitions) (Paralytic Shellfish Poisoning) Order 1991 and shall comeinto force at 18.00 hours on 22nd May 1991.

    (2)  In this Order"scallop" means shellfish of the species pecten maximus or chlamys operculata, and"relevant time" means one minute past midnight on 22nd May 1991.

Designated circumstances
    2.    In the opinion of the Minister of Agriculture, Fisheries and Food,scallops in the area designated in article 3 below may be affected bythe toxin which causes Paralytic Shellfish Poisoning in human beings andare 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 herebydesignated for the purposes of Part I of the Food and EnvironmentProtection 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 relevanttime in the preparation or processing for supply of food and anythingfrom which food could be derived,
 (b) land any scallops taken from waters in the designated area after therelevant time,
 (c) supply, or have in possession for supply, any scallops, or anyproduct derived from scallops, from which food could be derived if suchscallops were taken from the designated area after the relevant time,
 (d) supply, or have in possession for supply, any food or anything fromwhich food could be derived in the preparation or processing of whichanything was used in contravention of paragraph (a) of this article,
 (e) feed to any creature a feeding stuff in the preparation orprocessing of which anything was used in contravention of paragraph (a)of this article.

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
22nd May 1991 at 17.20 hours.


Derek Andrews

Permanent Secretary, Ministry of Agriculture, Fisheries and Food

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Notes:

[1] 1985 c. 48; section 1 was amended by section 51 of theFood Safety Act 1990 (c. 16), and section 24(1) was amended by paragraph29 of Schedule 3 to that Act; section 1(2) defines"designating authority" and section 24(1) defines"the Ministers".

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