The Food Hygiene Regulations (Northern Ireland) 2006

Regulation 29

SCHEDULE 6 N.I. RESTRICTIONS ON THE SALE OF RAW MILK INTENDED FOR DIRECT HUMAN CONSUMPTION

[F1 1.   Any person who sells raw milk intended for direct human consumption in contravention of— N.I.

(1) paragraph 5, or

(2) paragraph 7A (1) or (2), shall be guilty of an offence]

Textual Amendments

F1 Sch. 6 para. 1 substituted (13.12.2014) by The Food Hygiene (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/277), regs. 1, 2(4)(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 he shall be guilty of an offence. N.I.

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

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

Commencement Information

I1 Sch. 6 para. 2 in operation at 11.1.2006, see reg. 1

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

(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.

Commencement Information

I2 Sch. 6 para. 3 in operation at 11.1.2006, see reg. 1

4.  A distributor may only sell raw cows' milk intended for direct human consumption— N.I.

(a) which he has bought pursuant to paragraph 3(b)(iii);

(b) in the containers in which he 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 ultimate consumer.

Commencement Information

I3 Sch. 6 para. 4 in operation at 11.1.2006, see reg. 1

5.  The raw milk shall meet the following standards: N.I.

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

Commencement Information

I4 Sch. 6 para. 5 in operation at 11.1.2006, see reg. 1

6.  In the case where farm premises are being used for the sale of raw cows' milk intended for direct human consumption pursuant to paragraph 3(a), the Agency shall 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. N.I.

Commencement Information

I5 Sch. 6 para. 6 in operation at 11.1.2006, see reg. 1

7.  In any case where the Agency carries out sampling, analysis and examination of raw cows' milk in accordance with paragraph 6, there shall 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. N.I.

Commencement Information

I6 Sch. 6 para. 7 in operation at 11.1.2006, see reg. 1

[F2 7A.— (1) Except in cases to which paragraph (2) 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”. N.I.

(2) In the case of any raw milk intended for direct human consumption which is not prepacked and is sold at a catering establishment there must appear —

(a) on a label attached to the container in which the 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 para. 7A substituted (29.6.2019) by The Food Hygiene (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/110), regs. 1, 2(2)

8.  In this Schedule— N.I.

[F3 “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 final consumer and is ready for consumption without further preparation;]

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

“farm premises” 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;

[F4 “labelling”, 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” means any person carrying on the business of producing or handling raw cows' milk or his duly authorised representative;

[F5 “prepacked”, 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, and includes a food which is wholly enclosed in packaging before being offered for sale and which is intended to be cooked without opening the packaging and which is ready for sale to the final consumer or to a catering establishment;]

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

“shop premises” 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 (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/277), regs. 1, 2(4)(c)(i)

F4 Words in Sch. 6 para. 8 inserted (13.12.2014) by The Food Hygiene (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/277), regs. 1, 2(4)(c)(ii)

F5 Words in Sch. 6 para. 8 inserted (13.12.2014) by The Food Hygiene (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/277), regs. 1, 2(4)(c)(iii)

Commencement Information

I7 Sch. 6 para. 8 in operation at 11.1.2006, see reg. 1