The Scottish Milk Marketing Scheme (Consolidation) Approval Order 1989

Sale of Premium milk in retail containers otherwise than by retail or semi-retail

29.—(1) The following provisions of the Scheme shall not apply to Premium milk put into retail containers on his farm and sold by a registered producer otherwise than by retail or semi-retail as defined in subsection (3) of section 27:—

(a) subsection (1) of section 17,

(b) paragraphs (b), (c) and (d) of section 20,

(c) section 22, and

(d) subsections (9) and (14) of section 26.

• Provided, however, that the Board may, after consultation with such persons as they deem best qualified to express the views of the registered producers concerned, determine that the aforementioned provisions of the Scheme shall apply to such milk as aforesaid and that from such date and to such extent as is specified in the determination.

(2) Contributions to the Board

(a) Every registered producer of Premium milk shall pay to the Board a contribution of such amount as the Board may from time to time determine in respect of every litre of Premium milk of his own production put into retail containers on his farm, which he has sold as Premium milk otherwise than by retail or semi-retail. For the avoidance of doubt it is hereby declared that the Board may, in exercise of the power conferred upon them by this subsection, for any such contribution fixed by them in an accounting period determine during that period that a contribution of some other amount shall be payable. Such contribution shall be payable on such dates as may be fixed by the Board and shall be a debt due by the registered producer to the Board and recoverable by the Board accordingly. In determining the amount of any such contribution the Board shall have regard to the extent to which the prices determined by the Joint Committee for milk of the same description as that sold by the registered producer for the appropriate accounting period as estimated from time to time by the Board exceed the pool prices for that period as so estimated with intent that the average rate of contribution for the accounting period shall not be greater than the amount by which the simple average of such prices determined by the Joint Committee exceeds the simple average of such pool prices.

(b) In addition to the contribution determined by the Board under paragraph (a) hereof, the Board may require registered producers, in respect of every litre of Premium milk of their own production put into retail containers on their farms and sold by them as Premium milk otherwise then by retail or semi-retail, to make contributions of such amounts as the Board may from time to time determine, towards the expenses of the Joint Committee referred to in section 24 and towards the cost of advertising milk.

(c) In addition to the powers conferred on the Board under paragraphs (a) and (b) hereof, the Board shall have power to require registered producers who sell Premium milk of their own production to make contributions of such amounts as may be necessary for the operation of the Scheme towards the capital expenditure or other capital purposes of the Board. These contributions shall be payable in respect of every litre of Premium milk of their own production put into retail containers on their farms and sold by them as Premium milk otherwise than by retail or semi-retail during such period or periods and at such rates per litre as the Board may from time to time determine. Such contributions shall be payable on such dates as may be fixed by the Board and shall be a debt due by the registered producer to the Board and shall be recoverable by the Board accordingly. Any contributions so payable by any registered producer may be deducted by the Board from any moneys payable by the Board to that producer.