2.—(1) In this Order unless the context otherwise requires —
“the Act of 1949” means the Milk (Special Designations) Act 1949;
“approved bactericidal agent” means a chemical agent approved by the Secretary of State;
“bulk container” means any container, other than a retail container;
“bulk milk” means milk which is not pre-packed;
“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” means a person who carries on a business which consists of or comprises the selling of milk but does not include —
a holder of a pasteuriser’s licence who sells the milk pasteurised by him by wholesale only, and only at or from the premises where the milk is pasteurised, and who sells no other milk;
a holder of a steriliser’s licence who sells the milk sterilised by him by wholesale only, and only at or from the premises where the milk is sterilised, and who sells no other milk;
a holder of a licence to treat milk by the ultra high temperature method who sells the milk so treated by him by wholesale only, and only at or from the premises where the milk is so treated, and who sells no other milk;
“dealer’s licence” means a licence authorising a dealer to use a special designation in relation to milk sold by him;
“dealer’s supplementary licence” means a licence granted to a dealer authorising the use by him of a special designation in relation to milk sold by him by retail in the area of a local authority other than the authority in whose area the premises from which the milk is sold are situated;
“existing licence” means a licence which is in force when the holder thereof applies for a licence by way of renewal thereof;
“licence” means a licence granted in accordance with the provisions of this Order;
“licence held by a retailer for a specified area” has the meaning assigned to it by section 8(2) of the Act of 1949;
“licence to treat milk by the ultra high temperature method” means a licence authorising the holder thereof to use the special designation “Ultra Heat Treated” in relation to milk treated by the ultra high temperature method by him in accordance with the provisions of Schedule 4 and sold by him by wholesale at or from the premises where it is so treated;
“local authority” means an islands or district council;
“milk” means cows' milk, but does not include cream or separated, skimmed, dried, condensed or evaporated milk or buttermilk;
“pasteuriser’s licence” means a licence authorising the holder thereof to use the special designation “Pasteurised” in relation to milk pasteurised by him in accordance with the provisions of Schedule 2 and sold by him by wholesale at or from the premises where it is pasteurised;
“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;
“proper officer” shall be construed in accordance with section 235(3) of the Local Government (Scotland) Act 1973(1);
“raw milk” means milk which has not been treated by heat;
“retail container” means a bottle or other container which has a capacity of not more than 5 litres;
“retailer for a specified area” means the holder of a licence to which section 8 of the Act of 1949 applies;
“sell” includes offer or agree to sell or expose for sale; and “sale” shall be construed accordingly;
“selling milk by retail” has the meaning assigned to it by section 1(4) of the Act of 1949; and “milk sold by retail” shall be construed accordingly;
“selling milk by wholesale” means selling milk otherwise than by retail; and “milk sold by wholesale” shall be construed accordingly;
“specified area” means an area in which sub-section (1) of section 1 of the Act of 1949 is in operation;
“steriliser’s licence” means a licence authorising the holder thereof to use the special designation “Sterilised” in relation to milk sterilised by him in accordance with the provisions of Schedule 3 and sold by him by wholesale at or from the premises where it is sterilised.
(2) For the purposes of this Order, a person shall be deemed not to be selling milk otherwise than by wholesale if the only persons to whom he sells milk by retail are persons employed by him in, or in connection with, the production of such milk or employed by him otherwise in agriculture.
(3) Any reference in this Order to a numbered article or Schedule shall, unless the context otherwise requires, be construed as a reference to the article or Schedule so numbered in this Order.