The Milk (Special Designation) Regulations 1989

1. Introductory Text

2. PART I TITLE, COMMENCEMENT AND INTERPRETATION

   1. 1. Title and commencement

   2. 2. Interpretation

3. PART II GENERAL PROVISIONS AS TO LICENCES

   1. 3. Special designations

   2. 4. Application for licence

   3. 5. Refusal of licence

   4. 6. Conditions of licences

   5. 7. Form of licence

4. PART III GRANT OF PRODUCERS' LICENCE

   1. 8. Producers' licences

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

   1. 9. Refusal, suspension ad revocation of producers' licences

   2. 10. Procedure

   3. 11. Tribunals

6. PART V PROVISIONS RELATING TO THE GRANTING OF UNTREATED MILK DISTRIBUTORS' LICENCES

   1. 12. Untreated milk distributors' licences

   2. 13. Duration of untreated milk distributor’s licences

7. PART VI PROVISIONS RELATING TO THE GRANTING OF DEALERS' LICENCES

   1. 14. Dealers' licences

   2. 15. Duration of dealers' licences

8. PART VII REFUSAL, SUSPENSION AND REVOCATION OF UNTREATED MILK DISTRIBUTORS'LICENCESANDDEALERS'LICENCESAND APPEALS ARISING THEREFROM

   1. 16. Refusal, suspension and revocation of untreated milk distributors' licences and dealers'licences

   2. 17. Procedure

   3. 18. Tribunals

   4. 19. Interpretation of “licence”

9. PART VIII MISCELLANEOUS PROVISIONS INCLUDING REVOCATIONS

   1. 20. Internal trade

   2. 21. Enforcement

   3. 22. Revocation and savings

10. Signature

11. 1. SCHEDULE 1

       GENERAL CONDITIONSSUBJECT TO WHICH ALL LICENCES ARE GRANTED

       1. 1. The holder of the licence shall so maintain and operate...

       2. 2. The holder of the licence shall take such measures as...

       3. 3. Subject to the provisions of these Regulations, the holder of...

       4. 4. (1) The holder of the licence shall—

    2. SCHEDULE 2

       SPECIAL CONDITIONS SUBJECT TO WHICH LICENCES TO USE THE SPECIAL DESIGNATION “UNTREATED” ARE GRANTED

       1. 1. A. Conditions applicable to producers' licences

       2. 2. A record shall be kept of all animals segregated from...

       3. 3. The licensed producer shall not sell the milk otherwise than...

       4. 4. (1) The licensed producer shall not sell the milk otherwise...

       5. 5. Where the milk is consumed on the farm premises the...

       6. 6. (1) Milk which is sold otherwise than for consumption on...

       7. 1. B. Conditions applicable to untreated milk distributor’s licences

       8. 2. Every licensed untreated milk distributor shall sell the milk in...

       9. 3. The licensed untreated milk distributor shall not sell the milk...

       10. 4. The milk shall not be sold as, or as part...

       11. 1. C. Conditions applicable to producers' licences and untreated milk distributors' licences

       12. 2. The milk shall not at any stage have been treated...

       13. 3. The milk shall be produced, handled, treated, stored and distributed,...

       14. 4. When milk is sold in containers to consumers—

       15. 5. On a sale to the ultimate consumer (as defined in...

    3. SCHEDULE 3

       GENERAL CONDITIONS SUBJECT TO WHICH LICENCES TO USE SPECIAL DESIGNATIONS OTHER THAN “UNTREATED” ARE GRANTED

       1. 1. Every licensed dealer who receives raw milk from a producer...

       2. 2. Milk which has been heat treated in another Member State...

       3. 3. Milk which is transferred from one container to another prior...

       4. 4. Raw milk shall not be accepted for heat treatment unless—...

       5. 5. Raw milk which is not heat treated within 36 hours...

       6. 6. In any proceedings for a breach of paragraph 4 or...

       7. 7. The holder of the licence shall retain for a period...

    4. SCHEDULE 4

       SPECIAL CONDITIONS SUBJECT TO WHICH LICENCES TO USE SPECIAL DESIGNATIONS OTHER THAN “UNTREATED” ARE GRANTED

       1. PART I PASTEURISED

          1. 1. A. Conditions applicable when pasteurised milk is produced from raw milk or from bulk milk beat treated for transportation

          2. 2. The whole of the apparatus in which the milk is...

          3. 3. When the milk is heated by a continuous-flow method and...

          4. 4. (1) Such indicating and recording thermometers as the licensing authority...

          5. 5. (1) A sample of the milk taken in accordance with...

          6. 6. (1) Milk which is pasteurised in bottles shall be supplied...

          7. 7. On a sale to the ultimate consumer (as defined in...

          8. 1. B. Additional conditions applicable when pasteurised milk is produced from bulk milk which has been heat treated for transportation

       2. PART II STERILISED

          1. 1. A. Conditions applicable when the milk is heated in bottles or by a continuous-flow method

          2. 2. The milk shall be sterilised, that is to say, filtered...

          3. 3. Such thermometers and pressure gauges as the licensing authority shall...

          4. 4. (1) A sample of the milk taken in accordance with...

          5. 5. Every bottle in which the milk is transported, exposed or...

          6. 6. On a sale to the ultimate consumer (as defined in...

          7. 1. B. Additional conditions applicable when the milk is heated by a continuous-flow method

          8. 2. The records of such recording thermometers as the licensing authority...

          9. 3. Any apparatus in which the milk is to be heated...

          10. 4. Every container in which the milk heated as aforesaid by...

       3. PART III ULTRA HEAT TREATED

          1. 1. A. Conditions applicable whether or not the treatment of the milk includes the direct application of steam

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

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

          4. 4. A sample of the milk taken in accordance with Part...

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

          6. 6. On a sale to the ultimate consumer (as defined in...

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

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

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

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

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

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

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

          14. 8. The equipment for treating the milk shall be so constructed...

          15. 9. The treatment shall be so carried out as to secure...

          16. 10. The water used for generating the steam which is to...

    5. SCHEDULE 5

       1. PART I DETAILED CONDITIONS AS TO SAMPLING

          1. 1. Taking of sample

          2. 2. When the milk is in containers with a capacity not...

          3. 3. When the milk (other than milk which has been treated...

          4. 4. Identification of sample

          5. 5. Transport of sample

          6. 6. A sample of milk, other than sterilised milk or milk...

       2. PART II THE COLIFORM TEST FOR UNTREATED MILK AND PASTEURISED MILK

          1. 1. Method of carrying out the test

          2. 2. The “Colony count technique” specified in paragraph 8 of the...

          3. 3. For the purpose of inoculation of Petri dishes 3 ml....

          4. 4. Any sample on which the test is not begun within...

       3. PART III THE PLATE COUNT TEST FOR RAW MILK, BULK MILK HEAT TREATED FOR TRANSPORTATION, UNTREATED MILK, PASTEURISED MILK, STERILISED MILK AND MILK TREATED BY THE ULTRA HIGH TEMPERATURE METHOD

          1. 1. The sample shall be tested by the method prescribed in...

          2. 2. Any sample— (a) of raw milk, milk heat treated for...

          3. 3. The plated sample shall— (a) in the case of pasteurised...

       4. PART IV THE PHOSPHATASE TEST FOR PASTEURISED MILK

          1. 1. Examination of sample

          2. 2. Precautions

          3. 3. Reagents

          4. 4. Apparatus

          5. 5. Care of apparatus

          6. 6. Method of carrying out the test

       5. PART V THE TURBIDITY TEST FOR STERILISING MILK

          1. 1. Examination of sample

          2. 2. Reagent

          3. 3. Apparatus

          4. 4. Method of dying out the test

    6. SCHEDULE 6

       DETAILED CONDITIONS AS TO LABELLING

       1. 1. General labelling requirement

       2. 2. Name of milk

       3. 3. Indication of minimum durability

       4. 4. Field of vision

       5. 5. Manner of marking or labelling

       6. 6. Exemptions

       7. 7. Definitions

    7. SCHEDULE 7

       FORMS OF LICENCES

    8. SCHEDULE 8

       TRIBUNALS

       1. PART I CONSTITUTION

          1. 1. A tribunal shall consist of a chairman and two other...

          2. 2. (1) Where the issue referred to the tribunal is in...

          3. 3. (1) A chairman shall hold office for three years, and...

          4. 4. In this Part of this Schedule— “the Minister” means— where...

       2. PART II PROCEDURE

          1. 1. Where in accordance with these Regulations any issue as to...

          2. 2. The chairman on being informed of the reference to the...

          3. 3. (1) The person or council affected shall have the right...

          4. 4. (1) At the hearing of the reference the tribunal shall...

          5. 5. The tribunal may, if they wish, visit and inspect any...

          6. 6. (1) It shall be the duty of the tribunal on...

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

          8. 8. The tribunal may adjourn the hearing from time to time...

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

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

          11. 11. Save as in this Schedule expressly provided, the tribunal shall...

12. Explanatory Note