Milk (Great Britain) Order 1980

JurisdictionUK Non-devolved
CitationSI 1980/48

1980 No. 48

FOOD AND DRUGS

The Milk (Great Britain) Order 1980

17thJanuary 1980

24thJanuary 1980

1stFebruary 1980

The Minister of Agriculture, Fisheries and Food and the Secretary of State, acting jointly in exercise of the powers conferred on them by sections 6 and 7 of the Emergency Laws (Re-enactments and Repeals) Act 1964(a) and of all other powers enabling them in that behalf, hereby make the following order:—

Citation, commencement and extent

1.—(1) This order may be cited as the Milk (Great Britain) Order 1980, and shall come into operation on 1st February 1980.

(2) This order shall not extend to Northern Ireland.

Interpretation

2. In this order unless the context otherwise requires—

"catering business" means the business or undertaking of an inn, public-house, hotel, restaurant, café, tea shop, buffet, coffee-stall or any place of refreshment open to the public, or of a club, boarding house, apartment house, refreshment contractor, staff dining room or canteen, or of any school feeding centre, school premises or other educational establishment where milk is provided for pupils; and "caterer" shall be construed accordingly;

"Channel Islands milk" means—

(a) as respects England and Wales, milk which is produced from cows of the Channel Islands breeds and which is labelled "Channel Islands milk", "Jersey milk" or "Guernsey milk" when sold in a container;

(b) as respects Scotland, milk which is lawfully sold as Channel Islands milk pursuant to the Milk and Dairies (Channel Islands and South Devon Milk) (Scotland) Regulations 1967(b);

"dairy" means the premises where the milk is to be subjected to heat treatment;

(a) 1964 c. 60; section 6 is continued in force by the Milk (Extension of Period of Control of Maximum Prices) Orders 1969, 1974 and 1979-S.I. 1969/1058, 1974/2139 and 1979/1602.

(b) S.I. 1967/81.

"heat treatment" means any heat treatment of milk whereby the milk becomes Homogenised milk or of milk in respect of which the special designations "Pasteurised milk", "Sterilised milk" or "Ultra Heat Treated milk" may be used;

"Homogenised milk" means milk which (i) has been subjected to heat treatment, (ii) has been so processed as to break up the globules of butterfat and cause them to remain uniformly distributed throughout the milk instead of rising to the surface and (iii) when sold in a container is labelled "Homogenised milk";

"human consumption" does not include use in the preparation of food for sale for human consumption;

"milk" means liquid cows' milk but does not include separated milk, skimmed milk, condensed milk or evaporated milk;

"the Ministers" means the Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly;

"normal delivery terms" means terms incorporated in a contract, made for a period of at least twelve months, notwithstanding any provision regarding premature termination, and under which terms the milk is delivered daily by the seller or his agent to the purchaser's dairy in bulk tankers and without undue variations of quantity from day to day;

"Pasteurised milk" means milk in respect of which the special designation "Pasteurised" is lawfully used, in relation to England and Wales, pursuant to the Milk (Special Designation) Regulations 1977(a) and, in relation to Scotland, pursuant to the Milk (Special Designations) (Scotland) Order 1965(b);

"Premium Milk" means milk in respect of which the special designation "Premium" is lawfully used pursuant to the Milk (Special Designations) (Scotland) Order 1965;

"price" means the actual price paid for the milk after taking into consideration any discounts or allowances or rebates made in relation to that...

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