
1 

(1) This Order may be cited as the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (Orkney) (Scotland) Order 2004 and shall come into force at 1600 hours on 17th May 2004.
(2) In this Order–
(a) “scallops” means scallops of the species of Pecten maximus; and
(b) “relevant time” means 0001 hours on 17th May 2004.
2 
In the opinion of the Scottish Ministers, scallops in the area designated in article 3 below may be affected by the toxins which cause amnesic shellfish poisoning in human beings and are likely to create a hazard to human health if they are consumed.
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.
4 
No person shall fish for or take any scallops in the designated area.
5 
No person shall move any scallops out of the designated area.
6 
No person shall–
(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; or
(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.
MALCOLM CHISHOLM
A member of the Scottish Executive
St Andrew’s House, Edinburgh
17th May 2004
SCHEDULE
Article 3

The area of sea below mean high water springs enclosed by a line beginning on the mainland of Orkney at 58°53'44"North latitude 2°53'50"West longitude; then west, north and south along the shoreline to a point on the mainland of Orkney at 58°57'06"North latitude 3°00'00"West longitude; then south to a point on South Ronaldsay at 58°49'52"North latitude 3°00'00"West longitude; then east along the shore line to a point at 58°50'25"North latitude 2°54'19"West longitude at Churchill Barrier No. 4; then northeast along the western side of Churchill Barrier No. 4; then west, east and north along the shoreline to Churchill Barrier No. 3 on the north shore of the island of Burray; then north along the west side of Churchill Barrier No. 3; then continuing round the western shoreline of the island of Glimps Holm, the western side of Churchill Barrier No. 2, the western shoreline of the island of Lamb Holm and the western side of Churchill Barrier No. 1 to the point of beginning.
