The Drinking Milk (Scotland) Regulations 2011

Citation, commencement and extent S

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 S

2.—(1) In these Regulations—

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

[F1 “the Annex” means Part IV of Annex VII to Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1307/2001 and (EC) No 1234/2007,]

[F2 “Article 78(2)” means Article 78(2) of the EU Regulation,]

[F3 “the EU Regulation” means Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1307/2001 and (EC) No 1234/2007, as amended from time to time,]

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

“food authority” has the same meaning as in section 5(2) M1 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 [F4 EU Regulation] [F5 or the Annex ] which are not defined in these Regulations have the same meaning in these Regulations as they have in the [F4 EU Regulation] [F5 or the Annex].

(3) References in these Regulations to [F6 Article 78(2)] and the Annex are references to [F6 Article 78(2)] and the Annex as amended from time to time.

Textual Amendments

F1 Words in reg. 2(1) substituted (28.2.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (S.S.I. 2018/391), regs. 1(1), 42(2)(a)(i)

F2 Words in reg. 2(1) substituted (28.2.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (S.S.I. 2018/391), regs. 1(1), 42(2)(a)(ii)

F3 Words in reg. 2(1) substituted (28.2.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (S.S.I. 2018/391), regs. 1(1), 42(2)(a)(iii)

F4 Words in reg. 2(2) substituted (28.2.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (S.S.I. 2018/391), regs. 1(1), 42(2)(b)

F5 Words in reg. 2(2) inserted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) Regulations 2013 (S.I. 2013/3235), regs. 1, 22(2)(b)

F6 Words in reg. 2(3) substituted (28.2.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (S.S.I. 2018/391), regs. 1(1), 42(2)(c)

Marginal Citations

M1 Section 5(2) was amended by section 180 of, and paragraph 163(1) and (2) of Schedule 13 to, the Local Government etc. (Scotland) Act 1994 (c.39).

Sale or delivery of milk and use of sales description S

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 [F7 Article 78(2)] or point II(1) and (2) of the Annex, as read with point III of the Annex.

Textual Amendments

F7 Words in reg. 3 substituted (28.2.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (S.S.I. 2018/391), regs. 1(1), 42(3)

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

F8 4.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Reg. 4 omitted (1.1.2014) by virtue of The Single Common Market Organisation (Consequential Amendments) Regulations 2013 (S.I. 2013/3235), regs. 1, 22(3)

Enforcement S

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 [F9 Article 78(2)] or the Annex.

Textual Amendments

F9 Words in reg. 5(3) substituted (28.2.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (S.S.I. 2018/391), regs. 1(1), 42(4)

Offences and penalties S

6.  Any person who fails to comply with regulation 3 F10 ... is—

(a) guilty of an offence; and

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

Textual Amendments

F10 Words in reg. 6 omitted (1.1.2014) by virtue of The Single Common Market Organisation (Consequential Amendments) Regulations 2013 (S.I. 2013/3235), regs. 1, 22(4)

Application of provisions of the 1990 Act S

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.) M2 ;

(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) M3 ;

(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) M4 ; 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).

Marginal Citations

M2 Section 2 was amended by section 40(1) of, and paragraphs 7 and 8 of Schedule 5 to, the Food Standards Act 1999 (c.28).

M3 Section 21 was amended by S.I. 2004/3279.

M4 Section 36A was inserted by section 40(1) of, and paragraphs 7 and 16 of Schedule 5 to, the Food Standards Act 1999 (c.28).

Amendments S

F11 8.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11 Reg. 8 revoked (13.12.2014) by The Food Information (Scotland) Regulations 2014 (S.S.I. 2014/312), reg. 1(2), sch. 4 Pt. 1

F12 9.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12 Reg. 9 revoked (28.2.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (S.S.I. 2018/391), regs. 1(1), 42(5)

Revocation S

10.  The Drinking Milk Regulations 1998 M5 and the entry relating to those Regulations in Schedule 8 to the Food Hygiene (Scotland) Regulations 2006 M6 are revoked.

Marginal Citations

M5 S.I. 1998/2424; amended insofar as it applies to Scotland by S.S.I. 2005/616 and 2006/3.

M6 S.S.I. 2006/3.

RICHARD LOCHHEAD

A member of the Scottish Executive

St Andrew's House,

Edinburgh