The Milk (Special Designations) (Scotland) Order 1988

Article 9

SCHEDULE 4 SPECIAL CONDITIONS SUBJECT TO WHICH LICENCES AUTHORISING THE USE OF THE SPECIAL DESIGNATION “ULTRA HEAT TREATED” ARE GRANTED

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

A. Conditions applicable whether or not the treatment includes the direct application of scheme

1.  The milk shall be treated by the ultra high temperature method, that is to say retained at a temperature of not less than 135degC. for not less than one second.

2.  Any apparatus in which the milk is to be heated to and maintained at a temperature of not less than 135degC. shall be provided with a device which will automatically divert the flow of any milk which is not raised to the authorised temperature and automatically record each operation of the device.

3.—(1) Such indicating and recording thermometers as the local authority shall reasonably consider necessary shall be installed in suitable places in the apparatus in which the milk is treated by the ultra high temperature method so as to indicate the temperatures to which the milk is heated.

(2) The records of recording thermometers shall be marked with graduations adequately spaced to give clear readings, and they shall be dated and shall be preserved for a period of not less than three months.

4.  Milk shall only be treated by the ultra high temperature method in premises named in the licence.

5.—(1) Milk which is treated by the ultra high temperature method shall immediately after such treatment be put into the sterile containers in which it is to be supplied to the consumer. Such containers shall be filled and sealed at the premises at which the treatment has been carried out with such aseptic precautions as will ensure the protection of the milk from risk of contamination and shall remain sealed until delivery to the consumer.

(2) Every container in which milk treated by the ultra high temperature method is transported, exposed or offered for sale shall be so closed and securely fastened, either with a cap overlapping the lip of the container or in some other suitable manner approved by the local authority, that the container is airtight.

(3) Every retail container shall be marked or labelled in accordance with the Milk Labelling (Scotland) Regulations 1983.

6.—(1) A sample of the milk taken in accordance with Schedule 5 at the heat treatment establishment after treatment by the ultra high temperature method shall satisfy the plate count test prescribed in Part I of Schedule 6. The sample shall be deemed to satisfy the test if the plate count is not greater than 100 per ml.

(2) A sample of milk taken in accordance with Schedule 5 after treatment by the ultra high temperature method and after it leaves the heat treatment establishment but before delivery to the consumer shall satisfy the plate count test prescribed in Part I of Schedule 6. The sample shall be deemed to satisfy the plate count test if the plate count is not greater than 1,000 per ml.

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

7.  In the following paragraphs of this Schedule —

“input temperature” means the temperature of the milk immediately before the application of the steam;

“operational change” means any change in the site, layout or construction of equipment for treating milk by the ultra high temperature method by the direct application of steam, or any change in the steam supply or in the particular temperature used for treating the milk as aforesaid;

“output temperature” means the temperature of the vapour or of the milk in either case at the point of leaving the evaporative cooling expansion vessel.

8.  Any treatment of milk by the ultra high temperature method by the direct application of steam shall be so carried out that both the percentage of the milk consisting of milk fat and the percentage of the milk consisting of milk solids other than milk fat are the same after the treatment as before it.

9.—(1) Any equipment for treating milk as aforesaid shall be provided with control apparatus which, when calibrated as required by sub-paragraph (2) of this paragraph, will ensure compliance with the last preceding paragraph providing no operational change is made or takes place.

(2) Before the equipment is used for treating milk as aforesaid either initially or after any operational change is made or takes place, the control apparatus shall be calibrated in relation to the particular temperature to be used for treating milk as aforesaid so as to determine the control temperatures (being the input temperature, the output temperature and the difference between them which, if respectively maintained, will ensure compliance with the last preceding paragraph providing no operational change is made or takes place).

(3) A note of the control temperatures currently applying and of the particular temperature used for treating milk as aforesaid when those control temperatures were determined shall be kept with such equipment and be available at all reasonable times for inspection by any person duly authorised in that behalf.

10.  The holder of the licence shall forthwith notify the local authority of any operational change which is made or takes place.

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

(a) the input temperature and the output temperature shall be indicated by indicating thermometers; and

(b) either both of these temperatures or one of them and the difference between them shall be continuously recorded on charts marked with graduations at intervals of 0.5degC. adequately spaced to give clear readings.

(2) The records on such charts shall be dated and shall be preserved for a period of not less than three months.

12.  Any treatment of milk as aforesaid or calibration of control apparatus in compliance with paragraph 9(2) of this Part of this Schedule shall be carried out only with dry saturated steam.

13.  In connection with treatment of milk as aforesaid, apparatus shall be provided which automatically and continuously ensures that water is separated from the steam and does not enter the milk heating equipment.

14.  The treatment shall be so carried out as to secure that no foreign matter other than steam enters the milk and that there is no adulteration of the milk at the commencement or termination of the treatment or at any time when the treatment is interrupted.

15.  The water used for generating the steam which is to be applied to the milk —

(a) shall be wholesome; and

(b) may be treated with any water treatment compound necessary to make it wholesome and with any boiler feed water treatment compound specified in Schedule 9, but otherwise shall not be treated with any water treatment compound.

16.  The equipment for treating the milk shall be so constructed that the steam can be sampled immediately before it is applied to the milk and the holder of the licence shall permit any person duly authorised by the local authority so to sample the steam.

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

1.  Paragraphs 5 and 6(2) of Part I of this Schedule shall apply to a dealer’s licence and a dealer’s supplementary licence as they apply to a licence to treat milk by the ultra high temperature method.

2.  The holder of the licence shall use the special designation “Ultra Heat Treated” only in relation to milk in relation to which the said special designation was used in connection with its sale or delivery to him or in relation to which he is authorised by a licence to treat milk by the ultra high temperature method to use the said special designation.