The Milk (Special Designation) Regulations 1988

Regulation 6(2)(a), (3)(a) and (4)(a)

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

1.  Every licensed dealer who receives raw milk from a producer or bulk milk which has, for the purposes of transportation, been heat treated shall as soon as practicable submit it to heat treatment in accordance with these Regulations or despatch it in milk tankers or other suitable containers, whether by sale or otherwise, to an establishment for heat treatment.

2.  Milk which has been heat treated in another Member State of the European Economic Community shall not be accepted for further heat treatment unless it is accompanied by a certificate prescribed by the Importation of Milk Regulations 1988(1).

3.  Milk which is transferred from one container to another prior to heat treatment shall be so treated as soon as practicable after the first container has been opened.

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

(a) over the preceding two months not less than two samples have been taken each month of the producer’s raw milk, the samples have been submitted to a plate count test the results of which have been recorded and the geometric average of those results is not more than 100,000 per ml; or

(b) the licensed dealer has purchased the milk as bulk milk which complies with the requirements of sub-paragraph (a) above and with a written warranty to that effect.

5.  Raw milk which is not heat treated within 36 hours of its admission to the heat treatment establishment shall not be subjected to heat treatment unless–

(a) the holder of the licence has in the handling and storage of the milk taken steps to ensure that a sample of that milk taken and submitted to a plate count test achieves a result of not more than 200,000 per ml; and

(b) a sample is taken of that milk, the sample is submitted to a plate count test and the result is recorded.

6.  In any proceedings for a breach of paragraph 4 or 5 above, evidence of a sample taken in accordance with Part I of Schedule 5 or of a plate count test carried out as prescribed in Part IV of that Schedule shall be preferred to evidence of a sample taken or of a plate count test carried out, respectively, by any other method.

7.  The holder of the licence shall retain for a period of not less than three months–

(a) from the date of further heat treatment any certificate referred to in paragraph 2 above;

(b) any warranty referred to in paragraph 4(b) above;

(c) the records made in compliance with paragraphs 4(a) and 5(b) above.

(1)

S.I. 1988/1803.