PART IXMISCELLANEOUS AND SUPPLEMENTARY

Consequential amendments24

1

In the Ice Cream (Scotland) Regulations 194815, after regulation 1 (interpretation etc) there shall be inserted the following regulation:—

Exemption1A

1

Regulations 8, 9 and 10 of these Regulations shall not apply in relation to any ice-cream which is a milk-based product.

2

In this regulation “milk-based product” has the same meaning as in the Dairy Products (Hygiene) (Scotland) Regulations 1995.

2

In the Food Hygiene (Scotland) Regulations 195916, for sub-paragraph (c) of regulation 3(1) (interpretation of “food business”) there shall be substituted the following sub-paragraph:—

c

at or from any premises comprising a production holding or dairy establishment within the meaning of the Dairy Products (Hygiene) (Scotland) Regulations 1995 being premises from which no food other than cows' milk is sold;

3

In the Drinking Milk (Scotland) Regulations 197617, after regulation 5 (alteration in the composition of drinking milk) there shall be inserted the following regulation:—

Reserved names5A

No person shall use any name specified in Article 3(1) of Council Regulation (EEC) No.1411/7118, as amended19, except in accordance with paragraph (2) of that Article.

4

In the Milk Labelling (Scotland) Regulations 198320, regulation 5(1) (name of the milk) shall be amended as follows:—

a

in sub-paragraphs (a) and (c) in each case the words from “in accordance with” to the end of the paragraph shall be omitted, and

b

after sub-paragraph (c) there shall be added the following sub-paragraph:—

d

in sub-paragraphs (a) and (c) above the words “Pasteurised”; “Ultra Heat Treated” (or “UHT”) and “Sterilised” in relation to milk have the same meaning as in the Dairy Products (Hygiene) (Scotland) Regulations 1995.

5

The Milk and Dairies (Scotland) Regulations 199021 shall be amended as follows:—

a

in regulation 2(1) (interpretation) the definitions of “bactericidal agent”, “dairy premises”, “milk carrier”, “milk processor”, “milk tanker” and “road” shall be omitted;

b

in regulation 10(4) (precautions against spread of disease) the words “in whose name such premises are licensed under these Regulations” shall be omitted;

c

in regulation 18 (employees) the words “and every milk carrier” shall be omitted;

d

in regulation 19 (penalties) for the words “regulations 3(7), 9(1) and 10(1) or (3)” there shall be substituted the words “regulation 10(1) or (3)”.

6

In the Food Premises (Registration) Regulations 199122, for sub-paragraph (a) of regulation 3(2) (exceptions) there shall be substituted the following sub-paragraph:—

a

as a production holding or as a dairy establishment in each case within the meaning, in relation to Scotland, of the Dairy Products (Hygiene) (Scotland) Regulations 1995;