The Condensed Milk and Dried Milk (England) Regulations 2003 (revoked)

Interpretation E+W+S

2.  In these Regulations—

“the Act” means the Food Safety Act 1990;

“catering establishment” means a restaurant, canteen, club, public house, school, hospital or similar establishment (including a vehicle or a fixed or mobile stall) where, in the course of a business, food is prepared for delivery to the ultimate consumer and is ready for consumption without further preparation;

“designated product” means any food specified in column 2 of Schedule 1 (as read with the Notes relating to that Schedule);

“Directive 79/1067/EEC” means First Commission Directive 1979/1067/EEC(1) laying down Community methods of analysis for testing certain partly or wholly dehydrated preserved milk for human consumption;

“Directive 87/524/EEC” means First Commission Directive 1987/524/EEC(2) laying down Community methods of sampling for chemical analysis for the monitoring of preserved milk products;

“EEA Agreement” means the Agreement on the European Economic Area(3) signed at Oporto on 2nd May 1992 as adjusted by the Protocol(4) signed at Brussels on 17th March 1993;

“EEA State” means a State which is a Contracting Party to the EEA Agreement;

“food authority” does not include—

(a)

the council of a district in a non-metropolitan county except where the county functions have been transferred to that council pursuant to a structural change, or

(b)

the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple);

“the 1996 Regulations” means the Food Labelling Regulations 1996(5);

“partly dehydrated milk” means the liquid product, whether or not sweetened, obtained F1 ... by the partial removal of water from milk, from wholly or partly skimmed milk or from a mixture of those products and includes such a product to which cream or totally dehydrated milk has been added provided the addition of totally dehydrated milk does not exceed, in the finished product, 25% of total milk solids;

“preparation” includes manufacture and any form of processing or treatment and

“prepared” shall be construed accordingly;

“reserved description”, as respects any designated product, means any description specified in relation to that product in column 1 of Schedule 1 or any alternative description permitted by Schedule 2;

“sell” includes offer or expose for sale or have in possession for sale, and cognate expressions shall be construed accordingly;

“totally dehydrated milk” means the solid product, where the water content does not exceed 5% by weight of the finished product, obtained F1 ... by the removal of water from milk, from wholly or partly skimmed milk, from cream or from a mixture of those products;

“total milk solids” means all the constituents of milk other than water, including milk fat, the constituents other than milk fat being present in their natural proportions; and

“ultimate consumer” means any person who buys otherwise than—

(a)

for the purpose of resale,

(b)

for the purposes of a catering establishment, or

(c)

for the purposes of a manufacturing business.

Textual Amendments

F1 Word in reg. 2 omitted (22.2.2008) by virtue of The Condensed Milk and Dried Milk (England) (Amendment) Regulations 2008 (S.I. 2008/85), regs. 1, 3

(1)

OJ No. L327, 24.12.1979, p. 29.

(2)

OJ No. L306, 28.10.1987, p. 24.

(3)

OJ No. L1, 3.1.94, p. 1.

(4)

OJ No. L1, 3.1.94, p. 571.

(5)

S.I. 1996/1499; the relevant amending instrument is S.I. 1998/1398.