8.—(1) No person shall dispatch milk.
(2) The prohibition in paragraph (1) does not apply to milk which has been subjected to at least a treatment in accordance with–
(a)Part A of Annex IX to Council Directive 2003/85/EC on Community measures for the control of foot-and-mouth disease(1) (milk intended for human consumption); or
(b)Part B of Annex IX to Directive 2003/85/EC, if the milk is not intended for human consumption or is intended for feeding to animals of species susceptible to foot-and-mouth disease.
(3) The prohibition in paragraph (1) does not apply to milk prepared in an establishment in the restricted area if–
(a)all milk used in the establishment has been treated in accordance with paragraph (2), or has been obtained from animals reared and milked outside the restricted area;
(b)the establishment is operated under strict veterinary control;
(c)the milk is clearly identified and transported and stored separately from milk and dairy products which are not eligible for dispatch; and
(d)raw milk from outside the restricted area is carried to the establishment in vehicles which–
(i)are cleansed and disinfected prior to carriage; and
(ii)have no contact with any holding in the restricted on which animals of species susceptible to foot-and-mouth disease are kept.
(4) Milk consigned to another member State shall be accompanied by an official certificate which bears the following words–
“Milk conforming to Commission Decision 2007/552/EC of 6th August 2007 concerning interim protection measures with regard to foot-and-mouth disease in the United Kingdom”.
(5) Paragraph (4) of this regulation shall not apply to milk which complies with the requirements of paragraph 2(a) or (b) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 14, and has been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded.
(6) Paragraph (4) does not apply to milk which conforms with the requirements of paragraph (2)(a) or (b) and which has been treated in hermetically sealed containers so as to ensure that it is shelf stable if the heat treatment applied is stated in the commercial document accompanying the consignment.
O.J. No. L 306, 22.11.2003, p.1 as last amended by Directive 2006/104/EC.