The Importation of Milk (Scotland) Regulations 1988

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires— “authorised officer” means any person authorised to act for the purposes of these Regulations by a local authority (subject to the approval for the time being of the Secretary of State) or any person authorised directly by the Secretary of State;

“bulk milk” means milk other than specified drinking milk or cream;

“consignment” means the total quantity of milk to which a single certificate (as described in regulation 4(d)) relates;

“Council Directive” means Council Directive 85/397/EEC((1)) on health and animal-health problems affecting intra-Community trade in heat-treated milk;

“cream” has the meaning given to it in the Cream (Heat Treatment) (Scotland) Regulations 1983((2));

“designated place” means any place designated by an authorised officer;

“drinking milk”, “semi-skimmed milk”, “skimmed milk” and “standardised whole milk” have the meanings respectively assigned to them by Council Regulation (EEC) No. 1411/71((3)) laying down additional rules on the common organisation of the market in milk and milk products for products falling within tariff heading No. 04.01;

“export” means remove to a place outside the United Kingdom;

“guideline figure” means the guideline figure as to fat content of standardised whole milk fixed by the Council of the European Economic Community in accordance with Article 3(7) of Council Regulation (EEC) No. 1411/71 in respect of the United Kingdom for each milk year;

“human consumption”, except for the purposes of regulation 3(2), includes the preparation of food for human consumption;

“importer”, in relation to imported milk, includes any person who, whether as owner, consignor, consignee, agent or broker, is in possession of such milk or in any way entitled to the custody or control of it, and “import” shall be construed accordingly;

“local authority” means an islands or district council;

“milk” means cows' milk and includes cream and separated milk, but not dried or condensed milk;

“milk-based drink” has the meaning given to it in the Milk-based Drinks (Scotland) Regulations 1983((4));

“milk year” means the year or other period for milk and milk products specified by the Council of the European Economic Community in Article 2 of Council Regulation (EEC) No. 804/68((5)) on the common organisation of the market in milk and milk products or otherwise((6));

“officer of Customs and Excise” includes any person acting under the authority of the Commissioners of Customs and Excise;

“place of entry” means a port, aerodrome or other place of entry;

“pre-packaged milk” means specified drinking milk and any other milk ready for delivery to the ultimate consumer;

“separated”, in relation to milk, includes skimmed;

“specified drinking milk” means the following categories of drinking milk:—

(a)

semi-skimmed milk;

(b)

skimmed milk;

(c)

standardised whole milk having a fat content of not less than the guideline figure fixed for the milk year during which such standardised whole milk is imported into Scotland;

“ultimate consumer” means any person who buys milk otherwise than for the purposes of resale or use in the manufacture of milk products for sale;

“working day” means a day which is not a public holiday, Saturday or Sunday.

(2) For the purposes of these Regulations (other than the definitions of specified drinking milk and bulk milk), milk-based drink, but no other food containing milk, shall be deemed to be milk.

(3) Any reference in these Regulations to a numbered regulation or Schedule shall, unless the reference is to a regulation of, or Schedule to, specified Regulations, be construed as a reference to the regulation or Schedule so numbered in these Regulations.

(1)

O.J. No. L226, 24.8.85, p.13.

(2)

S.I. 1983/1515, amended by S.I. 1985/1068 and 1222, and 1986/789

(3)

O.J. No. L148, 3.7.71, p.4 (O.J./S.E. 1971 (II) p.412); relevant amending instrument is Council Regulation (EEC) No. 566/76 (O.J. No. L67, 15.3.76, p.23; corrigendum at O.J. No. L107, 24.4.76, p.22).

(4)

S.I. 1983/1514, amended by S.I. 1985/1068 and 1986/790

(5)

O.J. No. L148, 28.6.68, p.13; Article 2 specifies that the milk year shall begin on 1st April and end on 31st March of the following year.

(6)

Council Regulation (EEC) No. 1060/88 (O.J. No. L104, 23.4.88, p.5) extending for the second time the 1987/88 marketing year in the milk and beef and veal sectors specifies that the 1988/89 milk year begins on 1st June 1988.