Milk and Dairies (Scotland) Regulations 1990
| Jurisdiction | UK Non-devolved |
| Citation | SI 1990/2507 |
1990 No. 2507 (S. 209)
FOODMILK AND DAIRIES
The Milk and Dairies (Scotland) Regulations 1990
Made 7th December 1990
Laid before Parliament 11th December 1990
The Secretary of State, in exercise of the powers conferred on him by sections 4(1), 6(4), 16(1)(d) and (f), 19(1)(b), 26(1) and (2)(d), (e) and (f) and (3) and 48(1) of, and paragraphs 5(1) and (2) and 7(1) of Schedule 1 to, the Food Safety Act 19901and of all other powers enabling him in that behalf, it appearing to him to be necessary or expedient to do so for the purposes of securing that food complies with food safety requirements and having, in accordance with section 48(4) of the said Act, consulted with such organisations as appear to him to be representative of interests likely to be substantially affected by these Regulations, and after consultation with the Council on Tribunals in accordance with section 10 of the Tribunals and Inquiries Act 19712, hereby makes the following Regulations:
PART I
Citation, extent and commencement
1. These Regulations, which may be cited as the Milk and Dairies (Scotland) Regulations 1990, shall apply to Scotland only and shall come into force for the purposes of regulation 3(1) and (7) on 1st April 1991 and for all other purposes on 1st January 1991.
Interpretation and enforcement
2.—(1) In these Regulations unless the context otherwise requires–
“the Act” means the Food Safety Act 1990;
“bactericidal agent” means a chemical agent capable of killing bacteria but not necessarily bacterial spores;
“byre” means any part of dairy premises used for the housing and milking of cows;
“catering establishment” means a restaurant, canteen, club, public house, school, hospital or other establishment (including a vehicle or a fixed or mobile stall) where, in the course of a business, food is prepared for delivery to the ultimate consumer for immediate consumption;
“container” means a tank, vessel or similar receptacle for containing milk in bulk and includes any ancillary equipment, whether removable or not, necessary for its proper functioning;
“contamination” includes contamination by odour and “contaminated” shall be construed accordingly;
“cow housing” means any part of dairy premises in which cows are housed;
“cream” means that part of the milk rich in fat which has been separated by skimming or otherwise, including reconstituted cream, that is, a substance which, not being cream, resembles cream in appearance and contains no ingredient not derived from milk, except–
(a) water; or
(b) ingredients (not added fraudulently to increase bulk, weight or measure, or conceal inferior quality) which may lawfully be contained in a substance sold for human consumption as cream or butter;
“dairy” includes any farm, cow housing, byre, milking parlour, milking bail, milk room or other premises from which milk is produced or supplied for sale, or in which milk is kept or used for purposes of sale or for the purposes of manufacture into milk or milk products for sale, or in which containers or retail containers used for the sale of milk are kept, but does not include a shop from which milk is sold only in the properly closed and unopened retail containers in which it is delivered to the shop, or a shop, catering establishment or other place in which milk is sold for consumption on the premises only;
“dairy farm” means any dairy premises on which milk is produced from cows, but does not include any part of any such premises on which milk is manufactured into other products unless the milk produced on the premises forms a substantial part of the milk so manufactured;
“dairyman” means any person carrying on the business of a dairy;
“dairy premises” means any building or other premises required to be licensed under the provisions of these Regulations;
“food authority” means an islands or district council;
“human consumption” includes use in the preparation of food for human consumption;
“infectious disease” means any disease listed in Schedule 1 to the Public Health (Notification of Infectious Diseases) (Scotland) Regulations 19883;
“milk” means cows' milk intended for sale or sold for human consumption and includes cream, skimmed milk and separated milk;
“milk carrier” means any person engaged in the transport of milk for hire or reward;
“milk processor” means any dairyman who on dairy premises other than those on which it was produced subjects milk to heat treatment or uses it for the manufacture of milk or milk products;
“milk product” means any food intended for human consumption which consists mainly of milk or is derived from milk;
“milk room” means any part of dairy premises specifically used for the cooling, processing, handling and storage of milk or the manufacture of milk products;
“milk tanker” means a vehicle, including any unit of railway rolling stock, for conveying or consigning milk in bulk by road or rail to and from dairy premises and that by means of a single container incorporated in the vehicle or unit;
“milking bail” means a moveable structure specifically used for the milking of cows, but not their housing;
“milking parlour” means any part of dairy premises specifically used for the milking of cows, but not their housing, and includes the gathering area;
“retail container” means a container which has a capacity of not more than 5 litres;
“road” has the meaning assigned to it by section 151(1) of the Roads (Scotland) Act 19844;
“ultimate consumer” means any person who buys otherwise than–
(a) for the purpose of resale;
(b) for the purpose of a catering establishment; or
(c) for the purposes of a manufacturing business.
(2) Any reference in these Regulations to a numbered regulation shall, unless the context otherwise requires, be construed as a reference to the regulation bearing that number in these Regulations.
(3) Each food authority shall be the enforcement authority for the purposes of section 6(1) of the Act and shall execute and enforce these Regulations in its area.
PART II
LICENSING OF DAIRIES AND DAIRYMEN
Licensing of dairies and dairymen
3.—(1) No person shall carry on the business of a dairy in any premises unless he and any such premises are licensed under these Regulations.
(2) The food authority may grant or renew such a licence but, subject to paragraph (4) below, shall not do so until an authorised officer of such authority has inspected the premises named in the application and has made a report on the premises and such licence shall be in the form set out in Schedule 1 to these Regulations.
(3) Any person proposing to carry on the business of a dairy in any premises shall, not less than one month before he commences such business, make application in writing to the food authority for a licence to do so.
(4) Before granting or renewing a licence in pursuance of these Regulations, the food authority shall not require an inspection in terms of paragraph (2) above to be made where the person carrying on the business of a dairy in such premises holds a certificate of registration under section 7 of the Milk and Dairies (Scotland) Act 19145.
(5) Before deciding on any application, the food authority shall consider–
(a)
(a) the report on the premises made under paragraph (2) above; and
(b)
(b) any representation made to them, either in writing or at a meeting of the food authority, by any person or by any other food authority to whose area milk from the premises will be sent or is to be sent for sale.
(6) The food authority shall intimate to the applicant their decision on the application within one month from the receipt thereof and, in the case of refusal, their reasons for so refusing.
(7) It shall be an offence for any person to use any premises for the purposes of the business of a dairy unless he holds a licence under this regulation.
(8) The food authority may revoke a licence if they are satisfied that the dairyman or any of his employees are in breach of any of the provisions of Parts III to VII of these Regulations.
(9) Each food authority shall keep and maintain a record of all dairies in their area licensed under this regulation.
Inspection of dairies
4.—(1) An authorised officer of a food authority shall inspect from time to time and at least once every two years every dairy in the area of that food authority to ascertain whether such dairy is complying with these Regulations and may examine any cattle therein.
(2) When an authorised officer of a food authority is of the opinion that any milk consigned from the area of another food authority is contaminated or impure, or when he has reasonable ground for believing that any milk so consigned is likely to cause any infectious disease or other illness, he may inspect the dairy from which such milk has been consigned and examine any cattle therein, and the person having charge of that dairy and his employees shall give all reasonable facilities and assistance to such officer for such inspection and examination.
PART III
GENERAL PROVISIONS RELATING TO BUILDINGS
Construction, layout and equipment of dairies
5.—(1) The dairyman shall ensure that a dairy is–
(a)
(a) so situated and constructed as to avoid the risk of contamination of the milk;
(b)
(b) kept clean and in good repair;
(c)
(c) provided with ventilation arrangements in such a way as to ensure that the air therein is kept in a fresh condition and to prevent as far as practicable undue condensation or accumulation of steam or vapours;
(d)
(d) provided with sufficient lighting to enable any process connected with milk to be properly carried out;
(e)
(e) provided with walls which shall be smooth and constructed of such material as will prevent, so far as reasonably practicable, any matter being...
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