5. In regulation 6 (approval and use of dairy establishments)—
(a)in paragraph (1)(b) there shall be substituted for the words “paragraph (3)(a) or (8)” the words “this regulation”;
(b)there shall be substituted for paragraph (8) the following paragraphs—
“(8) Notwithstanding that a dairy establishment which manufactures milk-based products does not comply with all or any of the requirements of Parts I and II of Schedule 2, the approving authority may approve that establishment as a dairy establishment if the criteria set out in paragraph (8A) are satisfied.
(8A) The criteria referred to in paragraph (8) are—
(a)in the case of an application by the occupier of the dairy establishment for an approval under this regulation, the occupier holds documents which can be used to determine the quantity of milk processed by the establishment during the previous year and can produce these documents for inspection by the approving authority;
(b)the dairy establishment processed during the previous year a quantity of milk of less than 2 million litres or the occupier of, or a person proposing to occupy, the dairy establishment gives an undertaking in writing to the approving authority that the quantity processed annually will not exceed that amount;
(c)the application for an approval under this regulation—
(i)states the name and address of the establishment,
(ii)states the quantity of milk processed by it during the year preceding that in which the application is made or contains an undertaking not to process a quantity in excess of 2 million litres annually,
(iii)states the nature of the documents which can be used to determine the quantity of milk processed by the establishment,
(iv)states the type and quantity of milk-based products manufactured by the establishment during the year preceding that in which the application is made,
(v)specifies those provisions of Parts I and II of Schedule 2 in respect of which exemption is sought, and
(vi)contains an undertaking to notify the approving authority immediately in writing where the establishment, having been approved in accordance with paragraph (8), processes a quantity of milk in excess of 2 million litres in any year; and
(d)the hygienic conditions of production in the dairy establishment will not be affected.
(8B) In the case of a dairy establishment approved in accordance with paragraph (8), it shall not be necessary for that establishment to comply with those requirements of Parts I and II of Schedule 2 in respect of which it has been exempted under that paragraph if and so long as—
(a)that establishment processes a quantity of milk not exceeding 2 million litres in any year,
(b)the occupier of the establishment produces to the approving authority for inspection, when reasonably requested to do so, documents which can be used to determine the quantity of milk processed by the establishment during the previous year, and
(c)conditions of production in the establishment are hygienic.
(8C) In paragraphs (8A) and (8B) “process” means use for the manufacture of milk-based products.”.