The Drinking Milk (Scotland) Regulations 2011

Citation, commencement and extent

1.  These Regulations—

(a) may be cited as the Drinking Milk (Scotland) Regulations 2011;

(b) come into force on 1st April 2011; and

(c) extend to Scotland only.

Interpretation

2.—(1) In these Regulations—

“the 1990 Act” means the Food Safety Act 1990;

“the Annex” means Annex XIII to the Council Regulation;

“Article 114(2)” means Article 114(2) of the Council Regulation;

“the Council Regulation” means Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation);

“drinking milk” has the meaning given in point I(b) of the Annex;

“food authority” has the same meaning as in section 5(2)(1) of the 1990 Act;

“milk” has the meaning given in point I(a) of the Annex; and

“sell” includes possess for sale and offer, expose or advertise for sale.

(2) Other expressions used in these Regulations and in the Council Regulation which are not defined in these Regulations have the same meaning in these Regulations as they have in the Council Regulation.

(3) References in these Regulations to Article 114(2) and the Annex are references to Article 114(2) and the Annex as amended from time to time.

Sale or delivery of milk and use of sales description

3.  No person may—

(a) sell, or deliver, milk; or

(b) use, or omit to use, a sales description for any product,

in contravention of Article 114(2) or point II(1) and (2) of the Annex, as read with point III of the Annex.

Importation of products from outside the EU for sale as drinking milk

4.  No person may import into Scotland from outside the EU any product for sale as drinking milk in contravention of point IV of the Annex.

Enforcement

5.—(1) Each food authority must enforce and execute the provisions of these Regulations within its area.

(2) Each food authority must give such assistance and information to any other food authority in Great Britain as that other food authority may reasonably require for the purpose of carrying out its duties under these Regulations or an equivalent provision.

(3) In this regulation, “equivalent provision” means a provision in Regulations that extends to England or Wales for the purpose of implementing Article 114(2) or the Annex.

Offences and penalties

6.  Any person who fails to comply with regulation 3 or 4 is—

(a) guilty of an offence; and

(b) liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Application of provisions of the 1990 Act

7.—(1) The provisions of the 1990 Act set out in paragraph (3) apply for the purposes of these Regulations with the modifications specified in paragraph (4).

(2) Subject to paragraph (5), for the purposes of these Regulations, any reference in those provisions to the 1990 Act or to a Part or a section thereof must be construed as a reference to these Regulations.

(3) The provisions are—

(a) section 2 (extended meaning of “sale” etc.)(2);

(b) section 3 (presumptions that food intended for human consumption);

(c) section 20 (offences due to fault of another person);

(d) section 21 (defence of due diligence)(3);

(e) section 30(8) (relating to documentary evidence);

(f) section 32 (powers of entry);

(g) section 33 (obstruction etc. of officers);

(h) section 35(1), (2) and (3)(b) (punishment of offences) insofar as those subsections relate to offences under section 33(1) and (2);

(i) section 36 (offences by bodies corporate);

(j) section 36A (offences by Scottish partnerships)(4); and

(k) section 44 (protection of officers acting in good faith).

(4) In relation to section 32, the specified modifications are—

(a) in subsection (1)—

(i) the references to premises are to be construed as not including premises used only as a private dwelling-house; and

(ii) omit from “but admission” to “the occupier”;

(b) in subsection (1)(a), omit “, or of regulations or orders made under it”;

(c) in subsections (3), (4), (5), (7), (8) and (9), the references to “this section” are to be construed as references to that section as applied to these Regulations; and

(d) in subsection (6)(a), omit “or of regulations or orders made under it”.

(5) Paragraph (2) shall not apply to the references to a section of the 1990 Act which are modified by paragraph (4)(c).

Amendments

8.—(1) Regulation 2(1) of the Food Labelling Regulations 1996(5) (interpretation) is amended in accordance with paragraphs (2) and (3).

(2) After the definition of “confectionery product”, insert—

““Council Regulation 1234/2007” means Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)(6);”.

(3) In the definitions of “semi-skimmed milk”, “skimmed milk” and “whole milk”, for “Article 3(1) of Council Regulation (EC) No 2597/97”, substitute—

“point III(1) of Annex XIII to Council Regulation 1234/2007”.

9.  In regulation 2(1) of the Milk and Dairies (Scotland) Regulations 1990(7) (interpretation and enforcement), in the definition of “Milk”, for “Article 3(1)(b) of Council Regulation (EC) No 2597/97 laying down additional rules on the common organisation of the market in milk and milk products for drinking milk” substitute—

“point III(1)(b) of Annex XIII to Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)(8)”.

Revocation

10.  The Drinking Milk Regulations 1998(9) and the entry relating to those Regulations in Schedule 8 to the Food Hygiene (Scotland) Regulations 2006(10) are revoked.

RICHARD LOCHHEAD

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

9th February 2011