1992 No. 3136 (S.255)
The Milk and Dairies (Standardisation and Importation) (Scotland) Regulations 1992
Made
Laid before Parliament
Coming into force
The Secretary of State, in exercise of the powers conferred on him by sections 4(1), 16(1)(e) and (f) and (3), 17(1), 18(2)(a) and (b), 19(1)(b), and 48(1) of and paragraph 4(b) of Schedule 1 to, the Food Safety Act 19901 and in exercise of the powers conferred on him by section 2(2) of the European Communities Act 19722 as being one of the Ministers designated3 for the purposes of that section in relation to the common agricultural policy of the European Economic Community, and of all other powers enabling him in that behalf after consultation in accordance with section 48(4) of the Food Safety Act 1990 with such organisations as appear to him to be representative of interests likely to be substantially affected by the Regulations, hereby makes the following Regulations:—
Citation and commencement1
These Regulations may be cited as the Milk and Dairies (Standardisation and Importation) (Scotland) Regulations 1992, and shall come into force on 1st January 1993.
Amendment of the Milk Bottles (Labelling and Cap Colour) (Scotland) Order 19762
1
The Milk Bottles (Labelling and Cap Colour) (Scotland) Order 19764 shall have effect subject to the following amendment.
2
For the definition of “milk” in article 2(1) there shall be substituted the following definition:—
“milk” means cow’s milk intended for sale or sold for human consumption but does not include cream, standardised whole milk, skimmed, semi-skimmed, separated, dried, condensed or evaporated milk, or buttermilk and “standardised whole milk” has the meaning assigned to it by Council Regulation (EEC) No.1411/71, as amended5;
Amendment of the Drinking Milk (Scotland) Regulations 19763
1
The Drinking Milk (Scotland) Regulations 1976(6) shall have effect subject to the following amendments.
2
In regulation 2(1) the definitions of “guideline figure”, “milk purveyor”, “milk year”, “sell by retail” and “sell wholesale” shall be deleted.
3
In regulation 4(b) the words “produced in the United Kingdom” shall be deleted.
4
In regulation 4(c) the remainder of the sub-paragraph after the words “standardized whole milk” shall be deleted.
5
In regulation 5(1) after the words “laid down for” there shall be inserted the words “standardised whole milk or”.
6
For regulation 6 there shall be substituted the following regulation:—
“No person shall sell, or offer or expose for sale any drinking milk the labelling of which contravenes Article 3(2) of Council Regulation (EEC) No 1411/71, as amended.”.
7
Regulation 7 shall be deleted.
Amendment of the Milk Labelling (Scotland) Regulations 19834
1
The Milk Labelling (Scotland) Regulations 1983(7) shall have effect subject to the following amendments.
2
In regulation 5(1)—
a
in sub-paragraph (a)—
i
the words “standardised and” shall be inserted before the words “non-standardised” ; and
ii
at the end there shall be added the following words:—
with or without the inclusion of the word “whole” immediately before the word “milk” in any case,
b
for sub-paragraph (b) there shall be substituted the following sub-paragraph:—
b
in relation to standardised and non-standardised whole milk, the name shall in addition comply with the labelling requirements of Article 3(2) of Council Regulation (EEC) No. 1411/71, as amended;
Amendment of the Importation of Milk (Scotland) Regulations 19885
1
The Importation of Milk (Scotland) Regulations 1988(8) shall have effect subject to the following amendments.
2
In regulation 2(1)—
a
in the definition commencing with the words “drinking milk”, for the words “and “standardised whole milk”” there shall be substituted the words ““standardised whole milk” and “non-standardised whole milk”” and after the figures “No. 1411/71” there shall be inserted the words “as amended”;
b
the definitions of “designated place” , “export”, “guideline figure”, “milk year”, “officer of Customs and Excise”, “place of entry”, “separated” and “working day” shall be deleted;
c
in the definition of “specified drinking milk”, in sub-paragraph (c) all the words after “standardised whole milk” shall be deleted and after that sub-paragraph there shall be added the following sub-paragraph “(d) non-standardised whole milk”; and
d
there shall be inserted in the appropriate places the following definitions:—
“Raw milk” means milk which has not been heat-treated beyond 40°C or undergone any treatment that has an equivalent effect and “raw” in relation to cream shall be construed accordingly;
“Thermised milk” means raw milk which has been heat-treated for at least 15 seconds at a temperature between 57°C and 68°C such that after treatment the milk shows a positive reaction to the phosphatase test.
3
In regulation 4—
a
in paragraph (a) after the words “specified drinking milk,”, there shall be inserted the words “raw milk, thermised milk,”;
b
in paragraph (b), before the words “has been pasteurised” there shall be inserted the words “subject to the exception of raw milk, thermised milk or raw cream.”; and
c
paragraph (f) shall be deleted.
4
Regulations 5, 6, 8, 9, 10(3) and Schedule 2 shall be deleted.
5
In Schedule 3(a)paragraph 2(a) shall be deleted; and
Amendment of the Milk (Special Designations) (Scotland) Order 19886
1
The Milk (Special Designations) (Scotland) Order 198811 shall have effect subject to the following amendment.
2
For the definition of “milk” in article 2(1) there shall be substituted the following definition:—
“Milk” means cow’s milk, and includes standardised whole milk and non-standardised whole milk, but does not include cream or separated, skimmed, dried, condensed or evaporated milk or butter milk. “Standardised whole milk” and “non-standardised whole milk” have the meanings respectively assigned to them by Council Regulation (EEC) 1411/71, as amended;
Amendment of the Milk and Dairies (Scotland) Regulations 19907
1
The Milk and Dairies (Scotland) Regulations 1990(12) shall have effect subject to the following amendment.
2
For the definition of “milk” in regulation 2(1) there shall be substituted the following definition:—
“Milk” means cow’s milk intended for sale or sold for human consumption and includes standardised whole milk and non-standardised whole milk, cream, skimmed milk and separated milk. “Standardised whole milk” and “non-standardised whole milk” have the meanings assigned to them by Council Regulation (EEC) 1411/71, as amended.
(This note is not part of the Regulations)