The Food Hygiene (Wales) Regulations 2006

Regulation 32

SCHEDULE 6 E+W RESTRICTIONS ON THE SALE OF RAW MILK INTENDED FOR DIRECT HUMAN CONSUMPTION

1.  Any person who sells raw milk intended for direct human consumption in contravention of paragraph 5 will be guilty of an offence. E+W

[F1 1A.   Any person who sells raw milk in contravention of paragraph 7A commits an offence.] E+W

Textual Amendments

F1 Sch. 6 paras. 1A, 1B inserted (13.12.2014) by The Food Hygiene (Wales) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/3080), regs. 1(2), 2(3)(a)

[F1 1B.   Any person who sells raw milk in contravention of paragraph 7B commits an offence.] E+W

Textual Amendments

F1 Sch. 6 paras. 1A, 1B inserted (13.12.2014) by The Food Hygiene (Wales) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/3080), regs. 1(2), 2(3)(a)

2.—(1) If any person other than the occupier of a production holding or a distributor sells raw cows' milk intended for direct human consumption that person will be guilty of an offence. E+W

(2) If the occupier of a production holding sells raw cows' milk intended for direct human consumption in contravention of paragraph 3 he or she will be guilty of an offence.

(3) If a distributor sells raw cows' milk intended for direct human consumption in contravention of paragraph 4 he or she will be guilty of an offence.

3.  The occupier of a production holding may only sell raw cows' milk intended for direct human consumption— E+W

(a) at or from the farm premises where the animals from which the milk has been obtained are maintained; and

(b) to—

(i) the final consumer for consumption other than at those farm premises,

(ii) a temporary guest or visitor to those farm premises as or as part of a meal or refreshment, or

(iii) a distributor.

4.  A distributor may only sell raw cows' milk intended for direct human consumption— E+W

(a) which he or she has bought pursuant to sub-paragraph (b)(iii) of paragraph 3;

(b) in the containers in which he or she receives the milk, with the fastenings of the containers unbroken;

(c) from a vehicle which is lawfully used as a shop premises; and

(d) direct to the final consumer.

5.  The raw milk must meet the following standards: E+W

Plate count at 30°C (cfu per ml)	�?� 20,000
Coliforms (cfu per ml)	< 100

6.  In the case where farm premises are being used for the sale of raw cows' milk intended for direct human consumption pursuant to sub-paragraph (a) of paragraph 3, the Agency must carry out such sampling, analysis and examination of the milk as it considers necessary to ensure that it meets the standards specified in paragraph 5. E+W

7.  In any case where the Agency carries out sampling, analysis and examination of raw cows' milk in accordance with paragraph 6, there will be due to the Agency from the occupier of the production holding who is selling the milk a fee of £63, which is payable by the occupier to the Agency on demand. E+W

[F2 7A.   Except in cases to which paragraph 7B applies, the container in which any raw milk is sold must be marked or labelled with the words “This milk has not been heat-treated and may therefore contain organisms harmful to health. The Food Standards Agency strongly advises that it should not be consumed by children, pregnant women, older people or those who are unwell or have chronic illness.”.] E+W

Textual Amendments

F2 Sch. 6 paras. 7A-7E inserted (13.12.2014) by The Food Hygiene (Wales) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/3080), regs. 1(2), 2(3)(b)

[F2 7B.   In the case of any raw milk which is not prepacked and is sold at a catering establishment there must appear— E+W

(a) on a label attached to the container in which that milk is sold, or

(b) on a ticket or notice that is readily discernible by an intending purchaser at the place where the purchaser chooses that milk,

the words “Milk supplied in this establishment has not been heat-treated and may therefore contain organisms harmful to health. The Food Standards Agency strongly advises that it should not be consumed by children, pregnant women, older people or those who are unwell or have chronic illness.”.]

Textual Amendments

F2 Sch. 6 paras. 7A-7E inserted (13.12.2014) by The Food Hygiene (Wales) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/3080), regs. 1(2), 2(3)(b)

[F2 7C.   In addition to the English text that must be included by virtue of paragraph 7A, the mark or label may include the Welsh text “Nid yw’r llaeth hwn wedi ei drin â gwres a gall felly gynnwys organeddau sy’n niweidiol i iechyd. Mae’r Asiantaeth Safonau Bwyd yn cynghori’n gryf na ddylai gael ei yfed gan blant, merched beichiog, pobl hŷn neu’r rhai sy’n sâl neu â salwch cronig.”.] E+W

Textual Amendments

F2 Sch. 6 paras. 7A-7E inserted (13.12.2014) by The Food Hygiene (Wales) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/3080), regs. 1(2), 2(3)(b)

[F2 7D.   In addition to the English text that must be included by virtue of paragraph 7B, the label, ticket or notice may include the Welsh text “Nid yw’r llaeth a ddarperir yn y sefydliad hwn wedi ei drin â gwres a gall felly gynnwys organeddau sy’n niweidiol i iechyd. Mae’r Asiantaeth Safonau Bwyd yn cynghori’n gryf na ddylai gael ei yfed gan blant, merched beichiog, pobl hŷn neu’r rhai sy’n sâl neu â salwch cronig.”.] E+W

Textual Amendments

F2 Sch. 6 paras. 7A-7E inserted (13.12.2014) by The Food Hygiene (Wales) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/3080), regs. 1(2), 2(3)(b)

[F2 7E.   Nothing in this Schedule prevents the following being marked or labelled, as appropriate, with text corresponding to that which is required by virtue of paragraphs 7A and 7B in any other language in addition to Welsh and English— E+W

(a) the container in which raw milk is sold;

(b) in the case of raw milk which is not prepacked and is sold at a catering establishment—

(i) a label attached to the container in which that milk is sold,

(ii) a ticket or notice that is readily discernible by an intending purchaser at the place where the purchaser chooses that milk.]

Textual Amendments

F2 Sch. 6 paras. 7A-7E inserted (13.12.2014) by The Food Hygiene (Wales) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/3080), regs. 1(2), 2(3)(b)

8.  In this Schedule— E+W

[F3 “catering establishment” (“sefydliad arlwyo”) 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 final consumer and is ready for consumption without further preparation;]

“distributor” (“dosbarthwr”) means a person who sells raw cows' milk that has been produced on a production holding of which he or she is not the occupier;

“farm premises” (“mangre fferm”) means a farm occupied by the occupier of a production holding as a single farm and includes the production holding and any other building situated on that farm and occupied by the same occupier;

[F3 “labelling” (“labelu”), in relation to a food, includes any words, particulars, trade mark, brand name, pictorial matter or symbol relating to the food and appearing on the packaging of the food or on any document, notice, label, ring or collar accompanying the food;]

“occupier” (“meddiannydd”) means any person carrying on the business of producing or handling raw cows' milk or the occupier's duly authorised representative;

[F3 “prepacked” (“wedi ei ragbecynnu”), in relation to a food, means put into packaging before being offered for sale in such a way that the food, whether wholly or only partly enclosed, cannot be altered without opening or changing the packaging and is ready for sale to the final consumer or to a catering establishment;]

“production holding” (“daliad cynhyrchu”) means premises at which milk-producing cows are kept; and

“shop premises” (“mangre siop”) means premises from which any food is sold to the final consumer.

Textual Amendments

F3 Words in Sch. 6 para. 8 inserted (13.12.2014) by The Food Hygiene (Wales) (Amendment) (No. 2) Regulations 2014 (S.I. 2014/3080), regs. 1(2), 2(3)(c)