Explanatory note
(This note is not part of the Order)
This Order contains Emergency Prohibitions restricting various activities in order to prevent human consumption of food rendered unsuitable for that purpose by virtue of shellfish having been affected by the toxin which causes paralytic shellfish poisoning in human beings.
The Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No.12) Order 1991 imposed a prohibition on the fishing for or taking of (article 4), the movement of (article 5), and the landings of or use in the production of food (article 6) of green crabs and velvet crabs within the area of the sea surrounding all the Orkney Islands designated in the Schedule to that Order. These prohibitions were removed from green crabs and velvet crabs taken from within Scapa Flow and the area of the sea surrounding the Islands lying to the south of the Mainland such as Hoy, Graemsay, South Walls, Swona, Flotta, South Ronaldsay and Burray by the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No.12 Partial Revocation) Order 1991. It is necessary to reimpose the prohibitions within Scapa Flow and on the Islands mentioned. This Order redesignates the area and reenacts the emergency prohibitions which now apply to the area described in the Schedule to this Order. This Order revokes the Food Protection (Emergency Prohibition) (Paralytic Shellfish Poisoning) (No.12) Order 1991.
Under Section 21 of the Food and Environment Protection Act 1985 the penalty for contravening an emergency prohibition is:
on summary conviction, a fine of an ammount not exceeding statutory maximum (at present £2000);
on conviction on indictment, an unlimited fine, or imprisonment for a term of not more than 2 years or both.
Powers of enforcement in relation to emergency prohibitions are conferred by section 4 of, and Schedule 2 to the 1985 Act. Obstruction of enforcement officers is an offence under paragraph 10 of that Schedule.