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The Milk (Special Designations) (Scotland) Order 1988

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  1. Introductory Text

  2. PART I GENERAL

    1. 1.Citation and commencement

    2. 2.Interpretation

  3. PART II LICENCES TO USE SPECIAL DESIGNATIONS

    1. 3.Licences to use special designations

    2. 4.Application for licence

    3. 5.Dealer’s supplementary licence

    4. 6.Power to refuse licence

  4. PART III DURATION AND CONDITIONS OF LICENCES

    1. 7.Duration of licences

    2. 8.Duration of dealer’s supplementary licence

    3. 9.Conditions applying to licences

    4. 10.Special conditions applicable to certain licences

  5. PART IV REFUSAL, SUSPENSION AND REVOCATION OF LICENCES AND APPEALS ARISING THEREFROM

    1. 11.Power to revoke, suspend, or refuse to renew certain licences

    2. 12.Power to revoke, suspend, or refuse to renew licences held by retailers for specified areas

    3. 13.Defences against suspension, revocation, or refusal to renew licences

    4. 14.Procedure as to suspension, revocation and refusal of licence

    5. 15.Appeals

  6. PART V MISCELLANEOUS PROVISIONS

    1. 16.Provisions as to sampling and testing

    2. 17.Designated milk from England, Wales and Northern Ireland

    3. 18.Powers of local authorities as to supplementary licences

    4. 19.Transitional provisions

    5. 20.Revocations

  7. Signature

    1. SCHEDULE 1

      GENERAL CONDITIONS SUBJECT TO WHICH LICENCES ARE GRANTED

      1. 1.The arrangements for the handling, treatment, storage and distribution of...

      2. 2.The milk to which the licence relates shall be kept...

      3. 3.Any container into which the milk is put shall be...

      4. 4.Such parts of any plant or apparatus as come into...

      5. 5.Subject to the provisions of this Order, the holder of...

      6. 6.The holder of the licence shall keep in relation to...

      7. 7.Without prejudice to any provisions as to inspection or the...

      8. 8.(1) Every retail container shall, immediately after the milk has...

      9. 9.Every licence holder who receives raw milk or bulk milk...

      10. 11.Milk which is transferred from one container to another prior...

      11. 12.Raw milk shall not be accepted for heat treatment unless...

      12. 13.Raw milk which is not heat treated within 36 hours...

      13. 14.In any proceedings for a breach of paragraph 12 or...

      14. 15.The holder of the licence shall retain for a period...

    2. SCHEDULE 2

      SPECIAL CONDITIONS SUBJECT TO WHICH LICENCES AUTHORISING THE USE, OF THE SPECIAL DESIGNATION “PASTEURISED” ARE GRANTED

      1. Part I CONDITIONS APPLYING TO A PASTEURISER'S LICENCE

        1. A. Conditions applicable when pasteurised milk is produced from raw milk or from bulk milk which has been heat treated for transport

          1. 1.The milk shall be pasteurised, that is to say —...

          2. 2.(1) The temperature to which milk is treated in accordance...

          3. 3.Indicating and recording thermometers shall be marked in graduations not...

          4. 4.Milk shall only be pasteurised in premises named in the...

          5. 5.Immediately after the milk is cooled, the holder of the...

          6. 6.Where the milk has been put into retail containers, it...

          7. 7.(1) A sample of the milk taken in accordance with...

        2. B. Additional conditions applicable when pasteurised milk is produced from bulk milk which has been heat treated for transport

          1. 8.(1) Where any bulk milk which has, for the purposes...

      2. Part II CONDITIONS APPLYING TO A DEALER'S LICENCE AND A DEALER'S SUPPLEMENTARY LICENCE

        1. 1.Paragraphs 6 and 7(3) and (4) of Part I of...

        2. 2.The holder of the licence shall use the special designation...

        3. 3.Where the holder of a dealer’s licence or a dealer’s...

        4. 4.Every retail container shall be marked or labelled in accordance...

        5. 5.Where the holder of the licence takes milk from a...

    3. SCHEDULE 3

      SPECIAL CONDITIONS SUBJECT TO WHICH LICENCES AUTHORISING THE USE OF THE SPECIAL DESIGNATION “STERILISED” ARE GRANTED

      1. Part I CONDITIONS APPLYING TO A STERILISER'S LICENCE

        1. 1.The milk, having been filtered or clarified, and homogenised, shall...

        2. 2.(1) The milk shall be treated by heat as aforesaid...

        3. 3.The apparatus in which the milk is sterilised shall be...

        4. 4.Thermometers and pressure gauges shall be inserted in suitable places...

        5. 5.Milk shall only be sterilised in premises named in the...

        6. 6.The bottles shall remain sealed until delivery to the consumer....

        7. 7.(1) A sample of the milk taken in accordance with...

      2. Part II CONDITIONS APPLYING TO A DEALER'S LICENCE AND A DEALER'S SUPPLEMENTARY LICENCE

        1. 1.Paragraphs 6 and 7(2) of Part I of this Schedule...

        2. 2.The holder of the licence shall use the special designation...

    4. SCHEDULE 4

      SPECIAL CONDITIONS SUBJECT TO WHICH LICENCES AUTHORISING THE USE OF THE SPECIAL DESIGNATION “ULTRA HEAT TREATED” ARE GRANTED

      1. Part I CONDITIONS APPLYING TO A LICENCE TO TREAT MILK BY THE ULTRA HIGH TEMPERATURE METHOD

        1. 1.The milk shall be treated by the ultra high temperature...

        2. 2.Any apparatus in which the milk is to be heated...

        3. 3.(1) Such indicating and recording thermometers as the local authority...

        4. 4.Milk shall only be treated by the ultra high temperature...

        5. 5.(1) Milk which is treated by the ultra high temperature...

        6. 6.(1) A sample of the milk taken in accordance with...

        7. B. Additional conditions applicable when the treatment includes the direct application of steam

          1. 7.In the following paragraphs of this Schedule — “input temperature”...

          2. 8.Any treatment of milk by the ultra high temperature method...

          3. 9.(1) Any equipment for treating milk as aforesaid shall be...

          4. 10.The holder of the licence shall forthwith notify the local...

          5. 11.(1) For each occasion on which such equipment is in...

          6. 12.Any treatment of milk as aforesaid or calibration of control...

          7. 13.In connection with treatment of milk as aforesaid, apparatus shall...

          8. 14.The treatment shall be so carried out as to secure...

          9. 15.The water used for generating the steam which is to...

          10. 16.The equipment for treating the milk shall be so constructed...

      2. Part II CONDITIONS APPLYING TO A DEALER'S LICENCE AND A DEALER'S SUPPLEMENTARY LICENCE

        1. 1.Paragraphs 5 and 6(2) of Part I of this Schedule...

        2. 2.The holder of the licence shall use the special designation...

    5. SCHEDULE 5

      PROVISIONS AS TO THE TAKING, IDENTIFICATION AND TRANSPORTATION OF SAMPLES

      1. 1.Sampling shall be carried out in the following manner:—

      2. 2.Save in a case to which the next succeeding paragraph...

      3. 3.Where a sample of milk, in relation to which the...

      4. 4.(1) Immediately after it has been marked or labelled, the...

    6. SCHEDULE 6

      TESTING OF SAMPLES

      1. Part I THE PLATE COUNT TEST FOR RAW MILK, BULK MILK HEAT TREATED FOR TRANSPORTATION, PASTEURISED MILK, STERILISED MILK AND ULTRA HEAT TREATED MILK

        1. 1.General

        2. 2.Treatment of sample before testing

        3. 3.Culture medium

        4. 4.Dilutions

        5. 5.Technique of tests

        6. 6.Examination of cultures

        7. 7.General precautions

      2. Part II THE COLIFORM TEST FOR PASTEURISED MILK

        1. 1.General

        2. 2.Treatment of sample before testing

        3. 3.Culture medium

        4. 4.Dilutions

        5. 5.Technique of tests

        6. 6.Examination of cultures

        7. 7.Interpretation

        8. 8.General precautions

      3. Part III THE PHOSPHATASE TEST FOR PASTEURISED MILK

        1. 1.Treatment of sample before testing

        2. 2.Precautions

        3. 3.Reagents

        4. 4.Apparatus

        5. 5.Care of apparatus

        6. 6.Method of carrying out the test

      4. Part IV THE TURBIDITY TEST FOR STERILISED MILK

        1. 1.Treatment of sample before testing

        2. 2.Reagent

        3. 3.Apparatus

        4. 4.Method of carrying out the test

        5. 5.Control tubes

    7. SCHEDULE 7

      TRIBUNAL

      1. 1.Constitution of tribunal

      2. 2.(1) The Chairman shall hold office for three years unless...

      3. 3.Procedure

      4. 4.The Chairman, on being informed of the reference to the...

      5. 5.(1) The retailer shall have the right to be heard...

      6. 6.(1) At the hearing of the reference the tribunal shall...

      7. 7.The tribunal may visit and inspect any premises to which...

      8. 8.In respect of any reference, the tribunal shall report to...

      9. 9.The tribunal may take notice of the circumstances existing at...

      10. 1O.The tribunal may adjourn the hearing if for any reason...

      11. 11.In the event of a difference of opinion amongst the...

      12. 12.The report of the tribunal shall be submitted in writing...

      13. 13.The hearing shall be open to the public.

      14. 14.Subject to the provisions of this Schedule, the tribunal shall...

    8. SCHEDULE 8

      FORMS OF LICENCES

    9. SCHEDULE 9

      PERMITTED BOILER FEED WATER TREATMENT COMPOUNDS

    10. SCHEDULE 10

      REVOCATIONS

  8. Explanatory Note

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