Milk (Special Designation) Regulations 1988
| Jurisdiction | UK Non-devolved |
| Citation | SI 1988/2204 |
| Year | 1988 |
1988 No. 2204
FOODMILK AND DAIRIES
The Milk (Special Designation) Regulations 1988
Made 15th December 1988
Laid before Parliament 19th December 1988
Coming into force 1st January 1989
The Minister of Agriculture, Fisheries and Food, the Secretary of State for Health and the Secretary of State for Wales, acting jointly, in exercise of the powers conferred by sections 38, 74(3) and 118 of the Food Act 19841and now vested in them2and of all other powers enabling them in that behalf, after consultation in accordance with section 118(6) of that Act with such organisations as appear to them to be representative of interests substantially affected by the Regulations and with the Council on Tribunals in accordance with section 10 of the Tribunals and Inquiries Act 19713, hereby make the following Regulations:–
PART I
title, commencement and interpretation
Title and commencement
1. These Regulations may be cited as the Milk (Special Designation) Regulations 1988, and shall come into force on 1st January 1989.
Interpretation
2.—(1) In these Regulations unless the context otherwise requires–
“accredited herd” means a herd which to the satisfaction of the Minister either–
(a) has been found to be free from brucellosis by means of a series of diagnostic tests carried out by him or on his behalf and has been, since the date of commencement of such tests, the subject of adequate precautions against the introduction or re-introduction and consequent spreading of brucellosis; or
(b) has been wholly constituted by the transfer of animals from other accredited herds in Great Britain or from such similar herds outside Great Britain as the Minister may either generally or in any special case allow, and has been, since being so constituted, the subject of such precautions as aforesaid;
“the Act” means the Food Act 1984;
“atmospheric shade box” means a well ventilated box or cupboard so situated on the outside of a wall on the north side of a building or in a comparable position that it is at all times in the shade, such box or cupboard being not less than 90 cm. above the ground at its lowest point and having inside it a maximum thermometer and a minimum thermometer of the meteorological type, accurate to within 0.5°C.;
“atmospheric shade temperature” means the temperature inside an atmospheric shade box;
“brucellosis” means the disease caused by brucella abortus;
“bulk milk” means milk which is not pre-packed;
“business” includes the business of a hospital, school or other institution whose selling of milk is incidental only to the rendering of the health, education or other services rendered by the institution;
“consumer” means any person to whom milk is supplied and who neither sells it nor uses it in the manufacture of milk products for sale;
“dealer’s licence” means a licence granted to any person to use the special designation “Pasteurised”, “Sterilised” or “Ultra Heat Treated” in relation to milk sold by him and “licensed dealer” means a person to whom a dealer’s licence has been granted;
“farm bottled milk” means untreated milk which has been produced from a herd owned or controlled by a licensed producer and bottled, or placed in cartons or other containers, at the place of production;
“herd” means the milch cows in respect of whose milk any licence is applied for or granted, as the case may be, and includes any other bovine animals for the time being kept in contact with such cows;
“licence” means a licence granted by or under these Regulations;
“licence held by a retailer for a specified area” means a licence authorising the use of a special designation held by a person carrying on a business which includes any sales which are sales for the purpose of which the use of a special designation is obligatory by virtue of Part II of the Act and are of milk in relation to which that licence authorises the use of a special designation;
“licensing authority” means, in relation to a grant of a licence, the authority having power to grant the licence by virtue of these Regulations, and, in relation to a licence which has been granted, the authority who would for the time being have power by virtue of these Regulations to grant a licence by way of renewal thereof if it had expired; and “licensing area” means the area of such licensing authority;
“milch cow” means a cow kept for milking purposes;
“milk” means cows' milk, but does not include cream, or separated, skimmed, dried, condensed or evaporated milk, or butter milk;
“the Minister” means the Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly;
“pre-packed” means packed or made up in advance in the bottle or other container in which it is to be supplied to the consumer;
“presentation”, in relation to milk, includes the appearance or packaging of the milk, the way in which the milk is arranged when it is exposed for sale and the setting in which the milk is displayed with a view to sale, but does not include any form of labelling or advertising;
“producer’s licence” means a licence granted to any person owning or having control of a herd to use the special designation “Untreated” in relation to milk produced from that herd and sold by him at or from the premises where the herd is maintained; and “licensed producer” means any person to whom such a licence has been granted;
“raw milk” means milk which has not been treated by heat;
“sample” means a sample taken by a person duly authorised in that behalf by the licensing authority or the Minister;
“sell” includes offer or agree to sell or expose for sale; and “sale” shall be construed accordingly;
“selling” means selling in the course of a business, and includes, in relation to milk, supplying it under arrangements for free supply or in the course of any business otherwise than under such arrangements; and references to sales and contracts of sale shall be construed accordingly;
“selling milk by retail” means selling it–
(a) to any person other than a milk dealer (that is to say, a person who carries on a business which consists in or comprises the selling of milk that has been pasteurised, sterilised or ultra heat treated), an untreated milk distributor (that is to say, a person who carries on a business which consists in or comprises the selling of untreated milk) or a manufacturer of milk products (that is to say, a person who carries on a business which consists in or comprises the making of things made from milk or of which milk is an ingredient); or
(b) to such a dealer, untreated milk distributor, or manufacturer otherwise than for the purpose of his business as such;
“selling milk by wholesale” means selling milk otherwise than by retail;
“specified area” means an area in which section 40 of the Act is in operation;
“untreated milk distributor’s licence” means a licence granted to any person to use the special designation “Untreated” in relation to farm bottled milk sold by him, not being milk sold, or appropriate to be sold, by him in accordance with the terms of a producer’s licence; and “licensed untreated milk distributor” means a person to whom an untreated milk distributor’s licence has been granted.
(2) Any reference in these Regulations to a numbered regulation or to a Schedule shall, unless the reference is to a regulation of, or a Schedule to, specified Regulations, be construed as a reference to the regulation or Schedule so numbered in these Regulations.
PART II
general provisions as to licences
Special designations
3. The special designations which may be used in accordance with these Regulations in relation to milk are “Untreated”, “Pasteurised”, “Sterilised”, and “Ultra Heat Treated”.
Application for licence
4. Subject to the provisions of these Regulations, any person who intends to use in relation to milk a special designation authorised by these Regulations shall, unless he already holds an appropriate licence currently in force, apply in writing in accordance with the provisions of these Regulations to the licensing authority for a licence to use such special designation.
Refusal of licence
5. Subject to the provisions of these Regulations, the licensing authority may refuse to grant a licence (whether in renewal of an existing licence or not) if they are not satisfied that the applicant’s arrangements and processes for the production, handling, treatment, storage and distribution of milk, as the case may be, are such as to comply with all relevant provisions contained in any Milk and Dairies Regulations and Milk (Special Designation) Regulations, including these Regulations.
Conditions of licences
6.—(1) Every licence to use the special designation “Untreated” shall be subject to such of the following conditions as are applicable:–
(a)
(a) the general conditions set out in Schedule 1;
(b)
(b) the special conditions set out in Schedule 2;
(c)
(c) the detailed conditions as to sampling set out in Part I of Schedule 5, and as to testing set out in Part II of that Schedule;
(d)
(d) the detailed conditions as to labelling set out in Schedule 6.
(2) Every licence to use the special designation “Pasteurised” shall be subject to such of the following conditions as are applicable:–
(a)
(a) the general conditions set out in Schedules 1 and 3;
(b)
(b) the special conditions set out in Part I of Schedule 4;
(c)
(c) the detailed conditions as to sampling set out in Part I of Schedule 5, and as to testing set out in Parts II, III, IV and V of that Schedule;
(d)
(d) the detailed conditions as to labelling set out in Schedule 6.
(3) Every licence to use the special designation “Sterilised” shall be subject to such of the following conditions as are applicable:–
(a)
(a) the general conditions set out in Schedules 1 and 3;
(b)
(b) the special...
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