Part IV Miscellaneous and Supplementary
Other miscellaneous provisions
56 Commercial activities of milk marketing boards: distribution of profits.
1
It shall be deemed to be an overriding requirement of a milk marketing scheme that any distribution in respect of profits attributable to any relevant commercial activities shall be made so as not to discriminate, as between persons who are registered as producers under the scheme—
a
by reference to the identity of the person to whom milk is sold, or
b
by reference to whether milk is sold in the form of milk or in the form of a product which is wholly or partly derived from milk or which includes milk as an ingredient.
2
The powers conferred by a milk marketing scheme on the board administering the scheme shall be deemed to include whatever powers are necessary for the purpose of giving effect to the requirement under subsection (1) above.
3
For the purposes of subsection (1) above, the following are relevant commercial activities, namely—
a
the separation of milk,
b
the heat treatment of milk,
c
the retail packaging of milk,
d
the manufacture of milk products, and
e
the provision of services for reward, otherwise than under the arrangements for the sale of milk to the board.
4
In that subsection, the reference to a milk marketing scheme is to a scheme having effect under—
a
the M1Agricultural Marketing Act 1958, or
b
the M2Agricultural Marketing (Northern Ireland) Order 1982,
for the marketing of milk.
5
This section shall apply in relation to any distribution the amount of which is declared on or after the passing of this Act, irrespective of when the profits concerned were made.