The Milk (Special Designations) (Scotland) Order 1988

PART II LICENCES TO USE SPECIAL DESIGNATIONS

Licences to use special designations

3.—(1) The special designations, the use of which may be authorised by a licence granted in accordance with the provisions of this Order, are “Pasteurised”, “Sterilised”, and “Ultra Heat Treated”.

(2) Subject to the provisions of this Order, a local authority shall on application being made to them in that behalf grant a licence to the applicant authorising him to use the special designation specified in the application; and such a licence shall be in the appropriate form specified in Schedule 8 or in a form substantially to the like effect.

(3) A licence shall authorise the use of a special designation only in relation to milk sold at or from the premises mentioned in the licence and, in the case of such milk sold by retail, only in relation to milk so sold within the area of the local authority granting the licence.

(4) The use of a special designation in relation to milk sold by retail shall be authorised only by a dealer’s licence.

Application for licence

4.—(1) An application for the grant of a licence (whether by way of renewal of an existing licence or otherwise) shall be made in the case of an application —

(a) for a pasteuriser’s licence, a steriliser’s licence or a licence to treat milk by the ultra high temperature method, to the local authority of the area in which are situated the premises where the milk in relation to which the applicant intends to use the special designation will be pasteurised, sterilised or treated by the ultra high temperature method, as the case may be;

(b) for a dealer’s licence, to the local authority of the area in which are situated the premises at or from which the milk in relation to which the applicant intends to use the special designation will be sold; and

(c) for a dealer’s supplementary licence, to the local authority of the area in which the milk in relation to which the applicant intends to use the special designation will be sold.

(2) Every application shall be in writing, shall specify the special designation which the applicant intends to use and, in the case of an application for a pasteuriser’s licence, a steriliser’s licence or a licence to treat milk by the ultra high temperature method, shall state whether the applicant intends to sell any of the milk by retail.

Dealer’s supplementary licence

5.  A dealer’s supplementary licence shall be granted by a local authority if they have satisfied themselves that the applicant has already been granted a dealer’s licence (in this article and in article 8 referred to as “the principal licence”) by the local authority in whose area are situated the premises from which he intends to sell milk and if those premises are the premises mentioned in the principal licence, and shall authorise only the use of the special designation the use of which is authorised by the principal licence.

Power to refuse licence

6.  A local authority or the Secretary of State on appeal may refuse to grant a licence (otherwise than by way of renewal of an existing licence as to which provision is made in Part IV of this Order) to an applicant —

(a) if they are not satisfied that his arrangements for the handling, treatment, storage and distribution of milk are such as would enable him to comply with all relevant provisions contained in any enactment relating to milk and dairies or any order (including this Order) or regulations or byelaws made thereunder; or

(b) if they are satisfied that the applicant, by reason of having been convicted of any offence under any enactment relating to milk and dairies or any order or regulations or byelaws made thereunder, is unsuitable to hold a licence.