Statutory Instrument 1994 No. 1446

The Milk and Dairies and Milk (Special Designation) (Charges) (Amendment) Regulations 1994

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© Crown Copyright 1994

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1994 No. 1446

FOOD

The Milk and Dairies and Milk (Special Designation) (Charges) (Amendment) Regulations 1994

The Minister of Agriculture, Fisheries and Food, the Secretary of State for Health and the Secretary of State for Wales, acting jointly, in relation to England and Wales in exercise of the powers conferred by sections 6(4) and 45 of the Food Safety Act 1990^[1], and of all other powers enabling them in that behalf, hereby make the following Regulations, after consultation in accordance with section 48 of the said Act with such organisations as appear to them to be representative of interests substantially affected by the Regulations:—

Title, commencement and extent
    1.—(1)  These Regulations may be cited as the Milk and Dairies and Milk (Special Designation) (Charges) (Amendment) Regulations 1994 and shall come into force on 24th June 1994.

    (2)  These Regulations extend to England and Wales.

Amendment of the Milk and Dairies and Milk (Special Designation) (Charges) Regulations 1990
    2.    The Milk and Dairies and Milk (Special Designation) (Charges) Regulations 1990^[2] ("the Milk Charges Regulations") shall be further amended in accordance with the following provisions of these Regulations.

Amendment of regulation 2
    3.    In regulation 2(1) of the Milk Charges Regulations the definition of "the Board" shall be deleted.

Amendment of regulation 3
    4.    Regulation 3 (liability to charges) of the Milk Charges Regulations shall be amended as follows:—
 (a) in paragraph (1) for the words "paragraphs (2) and (3) hereof" there shall be substituted the words "paragraph (2) below";
 (b) paragraph (2) shall be deleted;
 (c) for paragraph (3) there shall be substituted the following paragraph—
"  (2)  Notwithstanding paragraph (1) above, no charge shall be due in respect of—
(a) any dairy farm visit for the purpose of ascertaining whether there is a particular threat to public health, or for the purpose of taking measures to reduce such a threat,

(b) any sampling dairy farm visit in connection with an untreated milk producer's licence granted in accordance with the Milk (Special Designation) Regulations 1989 solely for the sale of milk under the conditions described in paragraph A4(1)(c) of Schedule 2 to those Regulations (farmhouse catering), or

(c) any sampling dairy farm visit in connection with a consent granted under regulation 2B of the Milk (Special Designation) Regulations 1989 to sell milk without the use of a special designation." .

Amendment of regulation 4
    5.    For regulation 4 (recovery of charges) there shall be substituted the following regulation:—
    "4.    The registered dairy farmer shall pay to the Minister on demand the charge payable under regulation 3." .

Replacement of Schedule
    6.    For the Schedule to the Milk Charges Regulations there shall be substituted the new Schedule set out in the Schedule to these Regulations.

In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on


Gillian Shephard

Minister of Agriculture, Fisheries and Food

26th May 1994.
Signed by authority of the Secretary of State for Health:

Cumberlege

Parliamentary Under-Secretary of State, Department of Health

27th May 1994
Signed by authority of the Secretary of State for Wales:

Wyn Roberts

Minister of State, Welsh Office

31st May 1994

[1] 1990 c. 16. "The Ministers" is defined in section 4(1) of the Act. back

[2] S.I. 1990/1584, amended by S.I. 1990/2486, 1991/2900, 1992/2763. back

Explanatory Note