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8. (1) No person may dispatch milk.
(2) The prohibition in paragraph (1) does not apply to milk produced from animals kept in the restricted area which has been subjected to at least a treatment in accordance with—
(b)Part B of Annex IX to Directive 2003/85/EC, if the milk is not intended for human consumption or is intended for feeding to animals of species susceptible to foot-and-mouth disease.
(3) The prohibition in paragraph (1) does not apply to milk prepared in an approved establishment situated in the restricted area under the following conditions—
(a)all milk used in the establishment has either—
(i)been treated in accordance with paragraph (2); or
(ii)has been obtained from animals reared and milked outside the restricted area;
(b)the establishment must be operated under strict veterinary control;
(c)the milk is clearly identified and transported and stored separately from milk and dairy products which are not eligible for dispatch; and
(d)transport of raw milk from holdings situated outside the restricted area to the establishment is carried out in vehicles which were cleansed and disinfected prior to operation and had no subsequent contact with holdings in the restricted area keeping animals of species susceptible to foot-and-mouth disease.
(4) Milk consigned to another member State must be accompanied by an official certificate which bears the following words—
“Milk conforming to Commission Decision 2007/554/EC of 9 August 2007 concerning certain protection measures against foot-and-mouth disease in the United Kingdom”.
(5) Paragraph (4) does not apply to milk which complies with the requirements of paragraph (2)(a) or (b) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 14, and has been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded.
(6) Paragraph (4) does not apply to milk which conforms with the requirements of paragraph (2)(a) or (b) and which has been heat treated in hermetically sealed containers so as to ensure that it is shelf stable provided that the commercial document accompanying the consignment states the heat treatment applied.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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