Milk and Dairies (General) Regulations, 1959
| Jurisdiction | UK Non-devolved |
| Citation | SI 1959/277 |
| Year | 1959 |
1959 No. 277
MILK AND DAIRIES
The Milk and Dairies (General) Regulations, 195917thFebruary 1959
24thFebruary 1959
8thMarch 1959
ARRANGEMENT OF REGULATIONS
Part I. Citation, commencement, interpretation, Regulations 1 to 5
enforcement and revocation of regulations
Part II. Registration of dairy farms and of dairy Regulations 6, 7
farmers
Part III. Registration of dairies other than dairy Regulation 8
farms and of distributors.
Part IV. Inspection and health of cattle Regulations 9, 10.
Part V. General provisions relating to buildings and Regulations 11 to 14.
water supplies.
Part VI. Special provisions applicable to the production Regulations 15 to 17.
of milk and the treatment, handling
and storage of milk.
Part VII. Provisions with regard to infection of milk Regulations 18 to 20.
Part VIII. General provisions for protecting milk Regulations 21 to 25.
against contamination or infection.
Part IX. Provisions relating to the cleansing and Regulations 26, 27.
storage of vessels, utensils and appliances.
Part X. Conveyance and distribution of milk Regulation 28 to 33.
Part XI. Penalties Regulation 34.
Schedule, Part I. Constitution of tribunals.
Part II. Procedure.
The Minister of Agriculture, Fisheries and Food and the Minister of Health acting jointly, in exercise of the powers conferred upon them by sections twenty-nine, thirty, eighty-seven and one hundred and twenty-three of the Food and Drugs Act, 1955(a), and of all other powers them enabling in that behalf, hereby make the following regulations, after consultation with such organisations as appear to them to be representative of interests substantially affected by the regulations:—
PART I
CITATION, COMMENCEMENT, INTERPRETATION, ENFORCEMENT AND REVOCATION OF REGULATIONS
1. These regulations may be cited as the Milk and Dairies (General) Regulations, 1959, and shall come into operation on the 8th day of March, 1959.
2.—(1) In these regulations, unless the contrary intention appears—
"dairy" includes any farm, cowshed, milking house, milk store, milk shop, or other premises from which milk is supplied on or for sale, or in which milk is kept or used for the purpose of sale or of manufacture into butter, cheese, dried milk or condensed milk for sale, or in which vessels used for the sale of milk are kept, but does not include a shop from which milk is supplied only in the properly closed and unopened vessels in which it is delivered to the shop, or a shop or other place in which milk is sold for consumption on the premises only;
"dairyman" includes an occupier of a dairy, a cow-keeper, and a purveyor of milk;
"dairy farm" means any farm, cowshed or other premises being a dairy on which milk is produced from cows, but does not include any part of any such farm or premises on which milk is manufactured into other products unless the milk produced on the farm or premises forms a substantial part of the milk so manufactured;
"dairy farmer" means a dairyman who produces milk from cows;
"distributor" means a person trading as a dairyman elsewhere than at or from premises in relation to which he is registered as a dairy farmer under these regulations but does not include (i) the Milk Marketing Board except where they are trading at or from premises where milk is handled by them or (ii) any purveyor of cream in the hermetically sealed containers in which it is delivered to his premises provided that such a purveyor is not otherwise a purveyor of milk;
"local authority" has the meaning assigned to it by section 85 of the Food and Drugs Act, 1955;
"milk" means cow's milk intended for sale or sold for human consumption or intended for manufacture into products for sale for human consumption, and includes cream, skimmed milk and separated milk;
"milking house" means any building or part of a building or any shed in which cows are milked;
"milk product" means any food intended for human consumption which consists wholly or mainly of milk with or without colouring matter, flavouring or sweetening and includes butter, cheese, dried milk and condensed (including evaporated) milk;
(a) 4 & 5 Eliz. 2. c. 16.
"milk room" means any part of a dairy, not being a milking house or premises which constitute a dairy solely by the reason of the sale thereat of milk in open containers for consumption elsewhere or off the premises, in which milk is cooled, processed, handled or stored or manufactured into milk products;
"the Minister" means the Minister of Agriculture, Fisheries and Food;
"notifiable disease" means food poisoning, gastro-enteritis and, in relation to London, a disease notifiable under the Public Health (London) Act, 1936(a) and, in relation to any area outside London, a disease notifiable under the Public Health Act, 1936(b);
"registered premises" means any building or other premises required to be registered under the provisions of these regulations.
(2) The Interpretation Act, 1889(c), applies to the interpretation of these regulations as it applies to the interpretation of an Act of Parliament.
3. It shall be the duty of every local authority within their area to carry into execution and enforce the provisions of—
(a) regulations 18, 19 and 20 of these regulations; and
(b) the remainder of these regulations except in so far as they relate to dairy farms or to the registration of persons carrying on or proposing to carry on the trade of dairy farmer.
4. Every dairy farmer and distributor shall take all practicable steps to make the provisions of these regulations known to every person in or about any registered premises in his occupation so far as such provisions impose any duties or restrictions on such person and so far as they relate to the processes carried out by such person.
5.—(1) The Milk and Dairies Regulations, 1949(d), and the Milk and Dairies (Amendment) Regulations, 1954(e), are hereby revoked but without prejudice to any proceedings in respect of any contravention thereof.
(2) Paragraph 3 and paragraph 4 (except the proviso thereto) of the Twelfth Schedule to the Food and Drugs Act, 1955 (which contain transitional provisions) shall apply for the purposes of these regulations as if there were substituted for the references therein to that Act, to any corresponding enactment in that Act and to any enactment repealed by that Act respectively references to these regulations, to any corresponding regulation in these regulations and to any regulation revoked by these regulations.
PART II
REGISTRATION OF DAIRY FARMS AND OF DAIRY FARMERS
6.—(1) The Minister shall keep a register of persons carrying on the trade of dairy farmer, and of dairy farms.
(2) Any person who wishes to be registered as a dairy farmer or to register any premises as a dairy farm shall make application in writing to the Minister.
(3) Subject to the provisions of regulation 7 hereof, the Minister, on an application in writing by any person carrying on or proposing to carry on the trade of dairy farmer or to use any farm or other premises as a dairy farm, shall register such person and such premises.
(a) 26 Geo. 5 & 1 Edw. 8. c. 50.
(b) 26 Geo. 5 & 1 Edw. 8. c. 49.
(c) 52 & 53 Vict. c. 63.
(d) S.I. 1949/1588 (1949 I, p. 1698).
(e) S.I. 1954/1268 (1954 I, p. 914).
(4) No person shall carry on the trade of dairy farmer or use any premises as a dairy farm unless he and any such premises are registered in pursuance of these regulations.
(5) Any such registration in force immediately before the commencement of these regulations pursuant to the Milk and Dairies Regulations, 1949 to 1954, shall continue in force and have effect as if effected under this regulation.
(6) The name of any registered person ceasing to carry on the trade of dairy farmer and the description of any registered premises which cease to be used for the purpose of a dairy farm shall be removed from the register.
7.—(1) The Minister may refuse to register a person carrying on or proposing to carry on the trade of dairy farmer or a dairy farm, if in his opinion having regard to conditions existing at the premises to be registered, these regulations cannot be complied with and the registration should be refused, and may cancel the registration of a dairy farmer or dairy farm, if in his opinion these regulations are not being complied with and the registration should be cancelled.
(2) Notice shall be given by the Minister to the person affected of any intention to refuse or cancel the registration, stating the grounds on which it is alleged that the regulations cannot be or are not being complied with, as the case may be, and the rights of that person of making objections and representations in accordance with these regulations.
(3) (a) At any time within 28 days from the receipt of a notice of intention to refuse a registration the person affected may make objections in writing to the Minister, in respect of all or any of the grounds stated in the notice, that the regulations can be complied with.
(b) At any time within 21 days from the receipt of a notice of intention to cancel a registration the person affected may make objections as aforesaid that the regulations are being complied with.
(4) Any such objection shall be referred by the Minister to a tribunal constituted in accordance with the provisions contained in Part I of the Schedule to these regulations.
(5) The provisions of Part II of the Schedule shall have effect with respect to the procedure of the tribunal, the determinations of the tribunal and the reporting of such determinations to the Minister.
(6) The determinations of the tribunal shall be communicated by the Minister to the person objecting and the determinations of the tribunal as stated in their report to the Minister shall, for the purpose of the proposal to refuse or cancel registration, be conclusive evidence of the facts found thereby.
(7) Either in addition to or instead of making objections on receipt of a notice of intention to refuse or cancel a registration, the...
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