40Special designations: retail sales
(1)The use of a special designation is obligatory for the purpose of all sales of milk by retail for human consumption (other than catering sales) where the place of sale is in an area in which this subsection is in operation under the following provisions of this Part in that behalf, and subject to this Part.
(2)An area in which subsection (1) is in operation as there mentioned is in this Part, and In Schedule 4, referred to as " a specified area ".
(3)Notwithstanding that the place of sale is not in a specified area, the use of a special designation is obligatory also for the purpose of a sale of milk by retail for human consumption (other than a catering sale) if—
(a)the milk is delivered from an establishment, whether in or outside a specified area ; and
(b)there is carried on at that establishment a business of selling milk which includes any sales for the purpose of which the use of a special designation is obligatory under subsection (1).
(4)Subsections (1) and (3) do not apply to the selling of milk as mentioned in those subsections by a producer of milk from cows to persons—
(a)employed by him in or in connection with such production, or
(b)employed by him otherwise in agriculture,
if he does not engage in any other selling of milk as mentioned in those subsections.
(5)A person who sells milk without the use of a special designation under a sale for the purpose of which the use of a special designation is obligatory by virtue of this section is guilty of an offence.
(6)Section 47 applies for the interpretation of this section.