Statutory Instrument 1988 No. 2206

The Milk and Dairies (Semi-skimmed and Skimmed Milk) (Heat Treatment and Labelling) Regulations 1988

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© Crown Copyright 1988

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1988 No. 2206

FOOD
MILK AND DAIRIES

The Milk and Dairies (Semi-skimmed and Skimmed Milk) (Heat Treatment and Labelling) Regulations 1988

The Minister of Agriculture, Fisheries and Food, the Secretary of State for Health and the Secretary of State for Wales, acting jointly, in exercise of the powers conferred by sections 33, 74(3) and 118 of the Food Act 1984^[1] and now vested in them^[2] and all other powers enabling them in that behalf, after consultation in accordance with section 118(6) of that Act with such organisations as appear to them to be representative of interests substantially affected by the Regulations, hereby make the following Regulations:—

Title and commencement
    1.    These Regulations may be cited as the Milk and Dairies (Semi-skimmed and Skimmed Milk) (Heat Treatment and Labelling) Regulations 1988 and shall come into force on 1st January 1989.

Interpretation
    2.—(1)  In these Regulations unless the context otherwise requires—
"the Act" means the Food Act 1984;
"atmospheric shade box" means a well ventilated box or cupboard so situated on the outside of a wall on the north side of a building or in a comparable position that it is at all times in the shade, such box or cupboard being not less than three feet above the ground at its lowest point and having inside it a maximum thermometer and a minimum thermometer of the meteorological type, accurate to within 0.5 <18>C.;
"atmospheric shade temperature" means the temperature inside an atmospheric shade box;
"bulk milk" means milk which is not packed or made up in advance in the bottle or other container in which it is to be supplied to the consumer;
"consumer" means any person to whom milk is supplied and who neither sells it nor uses it in the manufacture of milk products for sale;
"local authority" has the meaning assigned to it by section 72 of the Act;
"milk" means cows' milk intended for sale or sold for human consumption, but does not include such milk intended for manufacture into products for sale for human consumption;
"milk processor" means any milk pasteuriser, milk steriliser or person treating milk by the ultra high temperature method;
"milk purveyor" includes any person who sells milk, whether wholesale or by retail;
"the Minister" means the Minister of Agriculture, Fisheries and Food, and the Secretary of State, acting jointly;
"presentation", in relation to semi-skimmed milk or skimmed milk, includes the appearance or packaging of the semi-skimmed milk or skimmed milk, the way in which the semi-skimmed milk or skimmed milk is arranged when it is exposed for sale and the setting in which the semi-skimmed milk or skimmed milk is displayed with a view to sale, but does not include any form of labelling or advertising;
"sample" means a sample taken by a person duly authorised in that behalf by a local authority;
"sell" includes offer or agree to sell or expose for sale; and "sold" shall be construed accordingly;
"semi-skimmed milk" means milk the fat content of which has been brought to at least 1.50 per cent. and at the most 1.80 per cent. calculated by weight;
"skimmed milk" means milk the fat content of which has been brought to not more than 0.30 per cent. calculated by weight.


    (2)  Any reference in these Regulations to a numbered regulation or to a Schedule shall, unless the reference is to a regulation of, or a Schedule to, specified Regulations, be construed as a reference to the regulation or Schedule so numbered in these Regulations.

Heat treatment of semi-skimmed milk and skimmed milk
    3.—(1)  Subject to paragraphs (3) and (4) of this regulation, no person shall sell any semi-skimmed milk or skimmed milk unless the requirements specified in paragraph (2) of this regulation are satisfied.

    (2)  The requirements to be satisfied are—
 (a) the general requirements of Schedule 1 in connection with the heat treatment of semi-skimmed milk and skimmed milk,
 (b) such of the special requirements as are applicable of Part I, II or III of Schedule 2 in relation to and in connection with such heat treatment by pasteurisation, sterilisation or the ultra high temperature method respectively,
 (c) the requirements as to sampling of Part I of Schedule 3 and such of the requirements as to testing as are applicable of Parts II, III, IV, V and VI of that Schedule.

    (3)  Where semi-skimmed milk or skimmed milk is brought from Scotland or Northern Ireland into England and Wales, the requirements of Schedule 1 and any Part of Schedule 2 in relation to that milk shall, so far as they would relate to anything to be done before that milk enters England and Wales, be deemed to be satisfied if the corresponding requirements of legislation having effect for the time being in Scotland or Northern Ireland (as the case may be) in relation to the heat treatment of that milk are satisfied.

    (4)  Paragraph (2)(b) and (c) of this regulation shall not apply to the sale of semi-skimmed milk or skimmed milk to a milk processor for heat treatment in accordance with these Regulations.

Labelling and presentation
    4.—(1)  No person shall sell any semi-skimmed milk or skimmed milk, which has been subjected to heat treatment by pasteurisation, sterilisation or treatment by the ultra high temperature method, in a container unless that container is labelled in accordance with the requirements of Schedule 4.

    (2)  No person shall sell to the ultimate consumer (as defined in Schedule 4) any semi-skimmed milk or skimmed milk whose presentation is such that a purchaser is likely to be misled to a material degree as to the nature, substance or quality of the semi-skimmed milk or skimmed milk.

Penalties and enforcement
    5.—(1)  If any person contravenes or fails to comply with any of the foregoing provisions of these Regulations he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £2,000.

    (2)  Each local authority shall enforce and execute such provisions in their area.

    (3)  Every local authority shall give such assistance and information to any other local authority as that other local authority may reasonably require for the purpose of carrying out their duties under these Regulations.

Application of various provisions of the Act
    6.    The following provisions of the Act shall apply for the purposes of these Regulations as if references therein to proceedings, or a prosecution, under or taken or brought under the Act included references to proceedings, or a prosecution, as the case may be, taken or brought for an offence under these Regulations:—
 (a) section 95(5) (which relates to prosecutions);
 (b) section 97(1), (2) and (3) (which relates to evidence of analysis);
 (c) section 100 (which relates to a contravention due to some person other than the person charged);
 (d) section 102(2)(a) and (b) (which relates to the conditions under which a warranty may be pleaded as a defence);
 (e) section 103 (which relates to offences in relation to warranties and certificates of analysis).

Importation of Milk Regulations 1988
    7.    Save as provided by the Importation of Milk Regulations 1988^[3], these Regulations do not apply to imported semi-skimmed milk or skimmed milk which is drinking milk within the meaning of Council Regulation (EEC) No. 1411/71^[4] laying down additional rules on the common market organization in milk and milk products for drinking milk.

Revocation
    8.    The Milk and Dairies (Semi-skimmed and Skimmed Milk) (Heat Treatment and Labelling) Regulations 1986^[5] and the Milk and Dairies (Semi-skimmed and Skimmed Milk) (Heat Treatment and Labelling) (Amendment) Regulations 1988^[6] are revoked.

In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
13th December 1988.


Trumpington

Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food


Kenneth Clarke

Secretary of State for Health

15th December 1988

Peter Walker

Secretary of State for Wales

15th December 1988

[1] 1984 c. 30; section 132(1) contains a definition of "the Ministers" relevant to the exercise of the statutory powers under which these Regulations are made. back

[2] In the case of the Secretary of State for Health, by virtue of S.I. 1988/1843. back

[3] S.I. 1988/1803. back

[4] OJ No. L148, 3.7.71, p. 4 (OJ/SE 1971 (II) p. 42. Corrigendum at OJ No. L199, 19.7.73, p. 38); the relevant amending instruments are Council Regulation (EEC) No. 566/76 (OJ No. L67, 15.3.76, p. 23. Corrigendum at OJ No. L107, 24.4.76, p. 22); Commission Regulation (EEC) No. 222/88 (OJ No. L28, 1.2.88, p. 1). back

[5] S.I. 1986/722. back

[6] S.I. 1988/1804. back

Explanatory Note