The Condensed Milk and Dried Milk (England) Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply to England, implement Council Directive 2001/114/EC relating to certain partly or wholly dehydrated preserved milk products intended for human consumption (OJ No. L15, 17.1.2002, p. 19). They revoke and replace the Condensed Milk and Dried Milk Regulations 1977, as amended, in relation to England.

The Regulations—

(a) prescribe definitions and reserved descriptions for condensed milk and dried milk products (regulation 2 and Schedules 1 and 2);

(b) provide for the Regulations to apply to milk and dried milk products intended for human consumption and ready for delivery to the ultimate consumer or to a catering establishment (regulation 3);

(c) restrict the use of reserved descriptions to the designated condensed and dried milk products to which they relate (regulation 4);

(d) prescribe labelling requirements for designated condensed and dried milk products (regulation 5);

(e) prescribe the manner of marking or labelling and apply specified provisions of the Food Labelling Regulations 1996 (regulation 6);

(f) specify a penalty, enforcement authorities and, in accordance with Articles 2 and 3 of Council Directive 89/397/EEC on the official control of foodstuffs (OJ No. L186, 30.6.89, p. 23), a defence in relation to exports (regulations 7 and 8);

(g) apply various provisions of the Food Safety Act 1990 (regulation 9);

(h) revoke the previous Regulations and make consequential amendments and transitional provision (regulations 10 and 11). An effect of the revocation made by regulation 10(1)(a), and the absence of the re-enactment of a similar provision, is that Part II of the Food Labelling Regulations 1996 will apply to the products to which these Regulations apply.

A Regulatory Impact Assessment has been prepared and placed in the Library of each House of Parliament, together with a Transposition Note setting out how the main elements of the European legislation referred to above are transposed in these Regulations. Copies may be obtained from the Food Labelling and Standards Division of the Food Standards Agency, Aviation House, 125 Kingsway, London WC2B 6NH.