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Statutory Instrument 1994 No. 2029

The Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No. 3) Order 1994

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1994 No. 2029

PUBLIC HEALTH, ENGLAND AND WALES

PUBLIC HEALTH, SCOTLAND

PUBLIC HEALTH, NORTHERN IRELAND
CONTAMINATION OF FOOD

The Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No. 3) Order 1994

Made29th July 1994
Laid before Parliament2nd August 1994
Coming into force in accordance with article 1(1)

    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. 3) Order 1994 and shall come into force at 20.00 hours on 29th July 1994.

        (2)  In this Order "cockles" means Cerastoderma,"mussels" means Mytilus Edulis,"razor clams" means Ensis s.p.p.and"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 29th July 1994.
    Designated circumstances
        2.    In the opinion of the Secretary of State, cockles, mussels, razor clams and 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 cockles, mussels, razor clams or scallops in the designated area.
    Prohibited movement of cockles, mussels, razor clams or scallops
        5.    No person shall move any cockles, mussels, razor clams or 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 cockles, mussels, razor clams or 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 cockles, mussels, razor clams or scallops which were in waters in the designated area after the relevant time,
       (c) supply, or have in possession for supply, any cockles, mussels, razor clams or 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

29th July 1994




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), 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".

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