The Milk (Special Designation) Regulations 1988

PART Ititle, commencement and interpretation

1Title and commencement

2Interpretation

PART IIgeneral provisions as to licences

3Special designations

4Application for licence

5Refusal of licence

6Conditions of licences

7Form of licence

PART IIIgrant of producers' licences

8Producers' licences

PART IVrefusal, suspension and revocation of producers' licences and appeals arising therefrom

9Refusal, suspension and revocation of producers' licences

PART Vprovisions relating to the granting of untreated milk distributors' licences

12Untreated milk distributors' licences

13Duration of untreated milk distributors' licences

PART VIprovisions relating to the granting of dealers' licences

14Dealers' licences

15Duration of dealers' licences

PART VIIrefusal, suspension and revocation of untreated milk distributors' licences and dealers' licences and appeals arising therefrom

16Refusal, suspension and revocation of untreated milk distributors' licences and dealers' licences

19Interpretation of “licence”

PART VIIImiscellaneous provisions including revocations

20Internal trade

22Revocation and savings

SCHEDULE 1GENERAL CONDITIONS SUBJECT TO WHICH ALL LICENCES ARE GRANTED

1The holder of the licence shall so maintain and operate...

2The holder of the licence shall take such measures as...

3Subject to the provisions of these Regulations, the holder of...

4The holder of the licence shall– (a) keep accurate records...

SCHEDULE 2SPECIAL CONDITIONS SUBJECT TO WHICH LICENCES TO USE THE SPECIAL DESIGNATION “UNTREATED” ARE GRANTED

A.Conditions applicable to producers' licences

1Where an animal shows evidence of any disease which is...

2A record shall be kept of all animals segregated from...

3The licensed producer shall not sell the milk otherwise than...

4(1) The licensed producer shall not sell the milk otherwise...

5Where the milk is consumed on the farm premises the...

6(1) Milk which is sold otherwise than for consumption on...

B.Conditions applicable to untreated milk distributor’s licences

1Every licensed untreated milk distributor shall sell milk received only...

2Every licensed untreated milk distributor shall sell the milk in...

3The licensed untreated milk distributor shall not sell the milk...

4The milk shall not be sold as, or as part...

C.Conditions applicable to producers' licences and untreated milk distributors' licences

1The milk shall come from an accredited herd.

2The milk shall not at any stage have been treated...

3The milk shall be produced, handled, treated, stored and distributed,...

4When milk is sold in containers to consumers–

5On a sale to the ultimate consumer (as defined in...

SCHEDULE 3GENERAL CONDITIONS SUBJECT TO WHICH LICENCES TO USE SPECIAL DESIGNATIONS OTHER THAN “UNTREATED” ARE GRANTED

1Every licensed dealer who receives raw milk from a producer...

2Milk which has been heat treated in another Member State...

3Milk which is transferred from one container to another prior...

4Raw milk shall not be accepted for heat treatment unless–...

5Raw milk which is not heat treated within 36 hours...

6In any proceedings for a breach of paragraph 4 or...

7The holder of the licence shall retain for a period...

SCHEDULE 4SPECIAL CONDITIONS SUBJECT TO WHICH LICENCES TO USE SPECIAL DESIGNATIONS OTHER THAN “UNTREATED” ARE GRANTED

PART Ipasteurised

A.Conditions applicable when pasteurised milk is produced from raw milk or frombulk milk heat treated for transportation

1The milk shall be pasteurised, that is to say–

2The whole of the apparatus in which the milk is...

3When the milk is heated by a continuous-flow method and...

4(1) Such indicating and recording thermometers as the licensing authority...

5(1) A sample of the milk taken in accordance with...

6(1) Milk which is pasteurised in bottles shall be supplied...

7On a sale to the ultimate consumer (as defined in...

B.Additional conditions applicable when pasteurised milk is produced from milk which has been heat treated for transportation

1(1) Where any bulk milk which has, for the purposes...

PART IIsterilised

A.Conditions applicable when the milk is heated in bottles or by a continuous-flow method

1In this Part of this Schedule, “bottle” means any container...

2The milk shall be sterilised, that is to say, filtered...

3Such thermometers and pressure gauges as the licensing authority shall...

4(1) A sample of the milk taken in accordance with...

5Every bottle in which the milk is transported, exposed or...

6On a sale to the ultimate consumer (as defined in...

B.Additional conditions applicable when the milk is heated by a continuous-flow method

1Immediately after heating as aforesaid by a continuous-flow method the...

2The records of such recording thermometers as the licensing authority...

3Any apparatus in which the milk is to be heated...

4Every container in which the milk heated as aforesaid by...

PART IIIultra heat treated

A.Conditions applicable whether or not the treatment of the milk includes the direct application of steam

1The milk shall be treated by the ultra high temperature...

2Any apparatus in which the milk is to be heated...

3(1) Such indicating and recording thermometers as the licensing authority...

4A sample of the milk taken in accordance with Part...

5(1) Milk which is treated by the ultra high temperature...

6On a sale to the ultimate consumer (as defined in...

B.Additional conditions applicable when the treatment of the milk includes the direct application of steam

1In the following paragraphs of this Part of this Schedule–...

2Any treatment of milk by the ultra high temperature method...

3(1) Any equipment for treating milk as aforesaid shall be...

4The holder of the licence shall forthwith notify the licensing...

5(1) For each occasion on which such equipment is in...

6Any treatment of milk as aforesaid or calibration of control...

7In connection with the treatment of milk as aforesaid, apparatus...

8The equipment for treating the milk shall be so constructed...

9The treatment shall be so carried out as to secure...

10The water used for generating the steam which is to...

PART Idetailed conditions as to sampling

1Taking of sample

2When the milk is in containers with a capacity not...

3When the milk (other than milk which has been treated...

4Identification of sample

5Transport of sample

6A sample of milk, other than sterilised milk or milk...

PART IIthe methylene blue test for untreated milk and pasteurised milk

1Treatment of sample

2Reagent – Methylene Blue

4Method of carrying out the test

PART IIIthe coliform test for pasteurised milk

1Method of carrying out the test

2The “Colony count technique” specified in paragraph 8 of the...

3For the purposes of inoculation of Petri dishes 3 ml....

4Any sample on which the test is not begun within...

PART IVthe plate count test for raw milk, bulk milk heat treated for transportation, pasteurised milk, sterilised milk and milk treated by the ultra high temperature method

1The sample shall be tested by the method prescribed in...

2Any sample– (a) of raw milk, milk heat treated for...

PART Vthe phosphatase test for pasteurised milk

1Examination of sample

5Care of apparatus

6Method of carrying out the test

PART VIthe turbidity test for sterilised milk

1Examination of sample

4Method of carrying out the test

SCHEDULE 6DETAILED CONDITIONS AS TO LABELLING

1General labelling requirement

2Name of the milk

3Indication of minimum durability

4Field of vision

5Manner of marking or labelling

SCHEDULE 7FORMS OF LICENCES

SCHEDULE 8TRIBUNALS

PART Iconstitution

1A tribunal shall consist of a chairman and two other...

2(1) Where the issue referred to the tribunal is in...

3(1) A chairman shall hold office for three years, and...

4In this Part of this Schedule– “the Minister” means–

PART IIprocedure

1Where in accordance with these Regulations any issue as to...

2The chairman on being informed of the reference to the...

3(1) The person or council affected shall have the right...

4(1) At the hearing of the reference the tribunal shall...

5The tribunal may, if they wish, visit and inspect any...

6(1) It shall be the duty of the tribunal on...

7The tribunal may take notice of the circumstances existing at...

8The tribunal may adjourn the hearing from time to time...

9In the event of a difference of opinion amongst the...

10The hearing shall be open to the public.

11Save as in this Schedule expressly provided, the tribunal shall...

1988 No. 2204

FOODMILK AND DAIRIES

The Milk (Special Designation) Regulations 1988

Made15th December 1988

Laid before Parliament19th December 1988

Coming into force1st January 1989

The Minister of Agriculture, Fisheries and Food, the Secretary of State for Health and the Secretary of State for Wales, acting jointly, in exercise of the powers conferred by sections 38, 74(3) and 118 of the Food Act 19841 and now vested in them2 and of all other powers enabling them in that behalf, after consultation in accordance with section 118(6) of that Act with such organisations as appear to them to be representative of interests substantially affected by the Regulations and with the Council on Tribunals in accordance with section 10 of the Tribunals and Inquiries Act 19713, hereby make the following Regulations:–