The Food Protection (Emergency Prohibitions) (Amnesic Shellfish Poisoning) (West Coast) (Scotland) Order 2004

JurisdictionScotland
Order made by the Scottish Ministers, laid before the Scottish Parliament under section 1(8) of the
Food and Environment Protection Act 1985 for approval by resolution of the Scottish Parliament
within twenty-eight days beginning with the day on which the Order was made, subject to
extension for periods of dissolution or recess for more than four days.
SCOTTISH STATUTORY INSTRUMENTS
2004 No. 21
PUBLIC HEALTH
CONTAMINATION OF FOOD
The Food Protection (Emergency Prohibitions) (Amnesic
Shellfish Poisoning) (West Coast) (Scotland) Order 2004
Made - - - - 27th January 2004
Coming into force in accordance with article 1(1)
Laid before the Scottish Parliament 29th January 2004
The Scottish Ministers, in exercise of the powers conferred by section 1(1) and (2) and
section 24(3) of the Food and Environment Protection Act 1985(a) 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) (Scotland) Order 2004 and shall come into force at 1600 hours
on 27th January 2004.
(2) In this Order–
(a) “scallops” means scallops of the class of Pecten maximus; and
(b) “relevant time” means 0001 hours on 27th January 2004.
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.
(a) 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); section 1(2)
defines “designating authority”; section 1 was further amended by the Scotland Act 1998 (Modification of Functions) Order
1999 (S.I. 1999/1756), Schedule, paragraph 10(2) and (3), the Food Standards Act 1999 (c.28), Schedule 5, paragraph 6 and
the Scotland Act 1998 (Consequential Modifications) Order 2000 (S.I. 2000/2040), Schedule, Part I, paragraph 12.

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