The Condensed Milk and Dried Milk (Scotland) Regulations 2003

Regulation 2

SCHEDULE 1 S PARTLY OR WHOLLY DEHYDRATED PRESERVED MILK PRODUCTS AND THEIR RESERVED DESCRIPTIONS

Column 1	Reserved Descriptions
Column 2	Designated Products
Partly dehydrated milk 1.  – Types of unsweetened condensed milk
(a) Condensed high-fat milk	Partly dehydrated milk containing, by weight, not less than 15% fat and not less than 26.5% total milk solids.
(b) Condensed milk	Partly dehydrated milk containing, by weight, not less than 7.5% fat and not less than 25% total milk solids.
(c) Condensed, partly skimmed milk	Partly dehydrated milk containing, by weight, not less than 1% and less than 7.5% [F1 fat] and not less than 20% total milk solids.
(d) Condensed skimmed milk	Partly dehydrated milk containing, by weight, not more than 1% fat and not less than 20% total milk solids.
– Types of sweetened condensed milk
(e) Sweetened condensed milk	Partly dehydrated milk with an admixture of sucrose (semi-white sugar, white sugar or extra-white sugar) and containing, by weight, not less than 8% fat and not less than 28% total milk solids.
(f) Sweetened condensed, partly skimmed milk	Partly dehydrated milk with an admixture of sucrose (semi-white sugar, white sugar or extra-white sugar) and containing, by weight, not less than 1% and less than 8% fat and not less than 24% total milk solids.
(g) Sweetened condensed skimmed milk	Partly dehydrated milk with an admixture of sucrose (semi-white sugar, white sugar or extra-white sugar) and containing, by weight, not more than 1% fat and not less than 24% total milk solids.
Totally dehydrated milk 2.
(a) Dried high-fat milk or high-fat milk powder	Totally dehydrated milk containing, by weight, not less than 42% fat.
(b) Dried whole milk or whole milk powder	Totally dehydrated milk containing, by weight, not less than 26% and less than 42% fat.
(c) Dried partly skimmed milk or partly skimmed-milk powder	Totally dehydrated milk with a fat content of more than 1.5% and less than 26% by weight.
(d) Dried skimmed milk or skimmed-milk powder	Totally dehydrated milk containing, by weight, not more than 1.5% fat.

Textual Amendments

F1 Word in sch. 1 inserted (14.11.2003) by The Condensed Milk and Dried Milk (Scotland) Amendment Regulations 2003 (S.S.I. 2003/492), regs. 1(1), 2(2)(a)

Notes: S

[F2 1.   Without prejudice to the compositional requirements set out in the table above, the protein content of milk may be adjusted to a minimum content of 34% by weight (expressed on fat-free dry matter) by the addition and/or withdrawal of milk constituents in such a way as not to alter the ratio of whey protein to casein in the milk being adjusted.]

Textual Amendments

F2 Sch. 1 Note 1 substituted (22.2.2008) by The Condensed Milk and Dried Milk (Scotland) Amendment Regulations 2008 (S.S.I. 2008/12), regs. 1(1), 4(a)

[F3 2.   Authorised additions and raw materials: S

[F4 (a) Any designated product may contain—

(i) any substance permitted pursuant to Regulation (EC) No. 1333/2008 of the European Parliament and of the Council on food additives, and

(ii) vitamins and minerals in accordance with the requirements or Regulation (EC) No. 1925/2006 of the European Parliament and of the Council on the addition of vitamins and minerals and of certain other substances to   foods.]

(b) Authorised raw materials for protein adjustment purposes referred to in Note 1 are as follows:

(i) Milk retentate, which is the product obtained by concentrating milk protein by ultra filtration of milk, partly skimmed milk or skimmed milk;

(ii) Milk permeate, which is the product obtained by removing milk proteins and milk fat from milk, partly skimmed milk or skimmed milk by ultra filtration; and

(iii) Lactose, which is a natural constituent of milk normally obtained from whey with an anhydrous lactose content of not less than 99.0% m/m on a dry basis. It may be anhydrous or contain one molecule of water of crystallisation or be a mixture of both forms.]

Textual Amendments

F3 Sch. 1 Note 2 substituted (22.2.2008) by The Condensed Milk and Dried Milk (Scotland) Amendment Regulations 2008 (S.S.I. 2008/12), regs. 1(1), 4(b)

F4 Sch. 1 Note 2 para (a) substituted (20.1.2010) by virtue of The Food Additives (Scotland) Regulations 2009 (S.S.I. 2009/436), regs. 1(1), 18(3)

3.  An additional quantity of lactose, not greater than 0.03% by weight of the finished product, may be added in the manufacture of any designated product specified in paragraph 1(e) to (g). S

4.   [F5 Without prejudice to Regulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin] [F6 , as last amended by Commission Regulation (EU) 2017/1981 amending Annex III to Regulation (EC) No 853/2004 of the European Parliament and of the Council as regards temperature conditions during transport of meat,] F7 ... the preservation of the designated products shall be achieved–

(a) by heat treatment for the products referred to in paragraph 1(a) to (d) of this Schedule;

(b) by the addition of sucrose for the products referred to in paragraph 1(e) to (g) of this Schedule;

(c) by dehydration for the products referred to in paragraph 2 of this Schedule.

Textual Amendments

F5 Words in sch. 1 Note 4 inserted (22.2.2008) by The Condensed Milk and Dried Milk (Scotland) Amendment Regulations 2008 (S.S.I. 2008/12), regs. 1(1), 4(c)

F6 Words in sch. 1 Note 4 inserted (28.3.2019) by The Food Standards and Hygiene (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/33), regs. 1(1), 6(5)

F7 Words in sch. 1 Note 4 omitted (11.1.2006) by virtue of The Food Hygiene (Scotland) Regulations 2006 (S.S.I. 2006/3), reg. 1(1), sch. 7 para. 43 (with reg. 35)

5.  The levels of dry matter, moisture content, fat, sucrose, lactic acid and lactates and phosphatase activity in the designated products shall be determined in accordance with the methods set out in Directive 79/1067/EEC. S

Regulation 2

SCHEDULE 2 S ALTERNATIVES TO THE RESERVED DESCRIPTIONS SPECIFIED IN SCHEDULE 1

1.  The term “evaporated milk” may be used instead of the term “condensed milk” in the case of partly dehydrated milk containing, by weight, at least 9% fat and 31% total milk solids. S

2.  The term “evaporated semi-skimmed milk” may be used instead of the term “condensed partly skimmed milk” in the case of partly dehydrated milk containing, by weight, between 4% and 4.5% fat and not less than 24% total milk solids. S

3.  The term “semi-skimmed milk powder” or “dried semi-skimmed milk” may be used instead of the term “dried partly skimmed milk” or “partly skimmed-milk powder” in the case of totally dehydrated milk with a fat content of between 14% and 16%. S