The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Regulations 2001

Export of milk products

7.—(1) No person shall export milk products.

(2) The prohibition in paragraph (1) shall not apply in relation to–

(a) milk products produced before 1st February 2001;

(b) milk products prepared from milk which complies with paragraphs (2) or (3) of regulation 6;

• milk products subjected to heat treatment at a temperature of at least 72°C for 15 seconds or an equivalent treatment; and

• milk products destined for export to a third country where import conditions permit such products to be subject to treatment other than laid down in these Regulations.

(3) The prohibitions in paragraph (1) shall not apply to milk products prepared in establishments under the following conditions:–

(a) all milk used in the establishment will either conform to the conditions of regulation 6(2) or be obtained from animals outside the United Kingdom;

(b) all milk products used in the final product will either conform to the conditions of paragraph (2)(a), (b) or (c) or be made from milk obtained from animals outside the United Kingdom;

(c) the establishment shall be under strict veterinary control; and

(d) the milk products must be clearly identified and transported and stored separately from milk and milk products which are not destined for export.

(4) Milk products consigned to another member State shall be accompanied by an official certificate prepared on behalf of the Scottish Ministers which bears the following words:–

• “Milk products conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom”.

(5) Paragraph (4) shall not apply to milk products which conform to the requirements of paragraph (2)(a), (b) or (c) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 12, and the milk products have 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) shall not apply to milk products which conform to the requirements of paragraph (2) and have been heat treated in hermetically sealed containers so as to ensure that they are shelf stable, if the milk products are accompanied by a commercial document stating the heat treatment applied.