Milk Prices (England and Wales and Northern Ireland) Order 1981

JurisdictionUK Non-devolved
CitationSI 1981/1854
Year1981

1981 No. 1854

FOOD AND DRUGS

The Milk Prices (England and Wales and Northern Ireland) Order 1981

29thDecember 1981

30thDecember 1981

1stJanuary 1982

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 Prices (England and Wales and Northern Ireland) Order 1981 and shall come into operation on 1st January 1982.

(2) This order shall apply in England and Wales and Northern Ireland only.

Interpretation

2. In this order unless the context otherwise requires—

"catering business" means the business or undertaking of an inn, public house, hotel, restaurant, cafe, 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 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;

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

"the Department" means the Department of Agriculture for Northern Ireland;

"heat treatment" means—

(a) as respects England and Wales, any heat treatment of milk whereby the milk becomes homogenised milk or of milk in respect of which the special designation "Pasteurised", "Sterilised" or "Ultra Heat Treated" may be used;

(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, 1979/1602).

(b) as respects Northern Ireland, any heat treatment of milk whereby the milk becomes pasteurised milk;

"homogenised milk" means milk which (i) has been subjected to heat treatment, (ii) has been so processed as to break up the globules of butter-fat 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 Minister" means the Minister of Agriculture, Fisheries and Food;

"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—

(a) as respects England and Wales, milk in respect of which the special designation "Pasteurised" is lawfully used pursuant to the Milk (Special Designation) Regulations 1977(a);

(b) as respects Northern Ireland, milk in respect of which the designation "pasteurised milk" is lawfully used...

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