
2005 No. 208
PUBLIC HEALTHCONTAMINATION OF FOOD
The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 3) (Scotland) Order 2005
Made 5th April 2005
Laid before the Scottish Parliament 6th April 2005
Coming into force in accordance with article 1(1)
The Scottish Ministers, in exercise of the powers conferred by sections 1(1) and (2) and 24(3) of the Food and Environment Protection Act 1985  and of all other powers enabling them 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 make the following Order:
Citation, commencement and interpretation
1 

(1) This Order may be cited as the Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (No. 3) (Scotland) Order 2005 and shall come into force at 1645 hours on 5th April 2005.
(2) In this Order–
(a) “scallops” means scallops of the species Pecten maximus; and
(b) “relevant time” means 0001 hours on 5th April 2005.
Designated circumstances
2 
In the opinion of the Scottish Ministers, scallops in the area designated in article 3 below may be affected by the toxin which causes amnesic 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
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.
PAM WHITTLE
A member of the staff of the Scottish Ministers
St Andrew's House, Edinburgh
5th April 2005
SCHEDULE
THE DESIGNATED AREA
Article 3

The area of sea below mean high water springs enclosed by a line starting at a point at (56.5°) 56°30−North latitude (−7°) 7°West longitude; then east to a point on the west coast of Tiree at (56.5°) 56°30−North latitude (−6.9818°) 6°58−54'West longitude; then south, east, and north along the shoreline including Balephuil Bay and Hynish Bay to a point on the east coast of Tiree at (56.5°) 56°30−North latitude (−6.80494°) 6°48−18' West longitude; then east to a point at (56.5°) 56°30−North latitude ( −6.5°) 6°30−West longitude; then south to a point at (56.25°) 56°15−North latitude (−6.5°) 6°30−West longitude; then west to a point at (56.25°) 56°15−North latitude ( −7°) 7°West longitude; then north to the point of beginning.