Regulation 4
1. Subject to the following provisions of this Schedule, every container in which milk which has been pasteurised, sterilised or treated by the ultra high temperature method is sold shall be marked or labelled with—
(a)the name of the semi-skimmed milk or skimmed milk;
(b)an indication of minimum durability;
(c)the name or business name and an address or registered office of the milk processor or packer, or of a seller established within the European Economic Community; and
(d)particulars of the place of origin or provenance of the semi-skimmed milk or skimmed milk if failure to give such particulars might mislead a purchaser to a material degree as to the true origin or provenance of the semi-skimmed milk or skimmed milk;
unless the semi-skimmed milk or skimmed milk is intended for export to any place outside the United Kingdom.
2.—(1) The name of the semi-skimmed milk or skimmed milk shall be “Milk” qualified by—
(a)the expression “Semi-skimmed” or “Skimmed”, as is appropriate, and
(b)the expression “Pasteurised”, “Sterilised”, or “Ultra Heat Treated” or “UHT”, as is appropriate.
(2) The name may be further qualified by other words which make it more precise, and any such other words may (but need not) appear between the various parts of the name prescribed in sub-paragraph (1) of this paragraph.
3.—(1) Subject to the following sub-paragraphs of this paragraph, the minimum durability of semi-skimmed milk or skimmed milk shall be indicated by—
(a)the words “best before” followed by the date up to and including which the semi-skimmed milk or skimmed milk can reasonably be expected to retain its specific properties if properly stored, and
(b)any storage conditions which need to be observed if the semi-skimmed milk or skimmed milk is to retain its specific properties until that date.
(2) The date in the indication of minimum durability shall be expressed in terms of a day, month and year, in that order, except that—
(a)in the case of semi-skimmed milk or skimmed milk which can reasonably be expected to retain its specific properties for three months or less, it may be expressed in terms of a day and month only, and
(b)in the case of semi-skimmed milk or skimmed milk which can reasonably be expected to retain its specific properties for more than three months, it may be expressed in terms of a month and year only, if the words “best before” are replaced by the words “best before end”.
(3) The date up to and including which semi-skimmed milk or skimmed milk can reasonably be expected to retain its specific properties if properly stored may appear on the labelling of the semi-skimmed milk or skimmed milk separately from the words “best before” or “best before end”, as the case may be, provided that those words are followed by a reference to the place where the date appears.
(4) In the case of semi-skimmed milk or skimmed milk which is intended for consumption within six weeks of being packed, the minimum durability of the semi-skimmed milk or skimmed milk may be indicated by—
(a)the words “sell by”—
(i)followed (subject to sub-paragraph (5) of this paragraph) by the latest recommended date of sale of the semi-skimmed milk or skimmed milk, expressed in terms of a day and month, and
(ii)immediately preceded or immediately followed by an indication of the period from the date of purchase for which the semi-skimmed milk or skimmed milk can reasonably be expected to retain its specific properties if properly stored, and
(b)any storage conditions which need to be observed if the semi-skimmed milk or skimmed milk is to retain its specific properties for the period referred to in paragraph (a)(ii) of this sub-paragraph.
(5) Where the minimum durability of semi—skimmed milk or skimmed milk is indicated in the manner permitted by sub-paragraph (4) of this paragraph, the latest recommended date of sale may appear on the labelling of the semi-skimmed milk or skimmed milk separately from the words “sell by”, provided that those words are followed by a reference to the place where the date appears.
4.—(1) Where a container of semi-skimmed milk or skimmed milk is required to be marked or labelled with an indication of minimum durability, that indication shall appear in the same field of vision as the particulars specified in paragraph 1(a) of this Schedule.
(2) Where a container of semi-skimmed milk or skimmed milk is required by the Weights and Measures Act 1985(1) or by any statutory instrument made thereunder to be marked or labelled with an indication of net quantity, that indication shall appear in the same field of vision as the particulars specified in paragraph 1(a) of this Schedule and, if the container is also required to be marked or labelled with an indication of minimum durability, in the same field of vision as the indication of minimum durability.
5.—(1) The particulars with which the containers of semi-skimmed milk or skimmed milk are required to be marked or labelled in accordance with this Schedule shall be easy to understand, clearly legible and indelible and the said particulars shall be marked in a conspicuous place in such a way as to be easily visible.
(2) The said particulars shall not in any way be hidden, obscured or interrupted by any other written or pictorial matter.
(3) Where the container is a bottle, the said particulars may appear on the bottle cap.
6.—(1) Bottles intended for re-use need not be marked or labelled with any of the particulars specified in paragraph 1 of this Schedule except the particulars specified in paragraph 1(a) and (d).
(2) Any container of semi-skimmed milk or skimmed milk whose largest surface has an area of less than ten square centimetres need not be marked or labelled with any of the particulars specified in paragraph 1 of this Schedule except the particulars specified in paragraph 1(a), (b) and (d).
(3) The container of any semi-skimmed milk or skimmed milk which—
(a)is sold at a catering establishment for immediate consumption there, and
(b)is sold as one individual portion, and
(c)is intended as an accompaniment to another food,
need not be marked or labelled with any of the particulars specified in paragraph 1 of this Schedule except the particulars specified in paragraph 1(a) and (d).
(4) The container of any semi-skimmed milk or skimmed milk which is pre-packed for direct sale need not be marked or labelled with any of the particulars specified in paragraph 1 of this Schedule except the particulars specified in paragraph 1(a) and (d).
7. In this Schedule—
“catering establishment” means a restaurant, canteen, club, public house, school, hospital or other establishment (including a vehicle or a fixed or mobile stall) where, in the course of a business, food is prepared for delivery to the ultimate consumer for immediate consumption;
“pre-packed for direct sale”, in relation to semi-skimmed milk or skimmed milk, means put into containers on the premises where the semi-skimmed milk or skimmed milk is produced by the person owning or having control of the herd from which the semi-skimmed milk or skimmed milk is produced for sale by him on those premises or from a vehicle used by him;
“ultimate consumer” means any person who buys otherwise than—
for the purpose of resale;
for the purposes of a catering establishment; or
for the purposes of a manufacturing business.