The Dairy Products (Hygiene) (Scotland) Regulations 1995

Consequential amendments

24.—(1) In the Ice Cream (Scotland) Regulations 1948(1), after regulation 1 (interpretation etc) there shall be inserted the following regulation:—

“Exemption

1A.— (1) Regulations 8, 9 and 10 of these Regulations shall not apply in relation to any ice-cream which is a milk-based product.

(2) In this regulation “milk-based product” has the same meaning as in the Dairy Products (Hygiene) (Scotland) Regulations 1995.”.

(2) In the Food Hygiene (Scotland) Regulations 1959(2), for sub-paragraph (c) of regulation 3(1) (interpretation of “food business”) there shall be substituted the following sub-paragraph:—

“(c) at or from any premises comprising a production holding or dairy establishment within the meaning of the Dairy Products (Hygiene) (Scotland) Regulations 1995 being premises from which no food other than cows' milk is sold;”.

(3) In the Drinking Milk (Scotland) Regulations 1976(3), after regulation 5 (alteration in the composition of drinking milk) there shall be inserted the following regulation:—

“Reserved names

5A.   No person shall use any name specified in Article 3(1) of Council Regulation (EEC) No.1411/71(4), as amended(5), except in accordance with paragraph (2) of that Article.”.

(4) In the Milk Labelling (Scotland) Regulations 1983(6), regulation 5(1) (name of the milk) shall be amended as follows:—

(a) in sub-paragraphs (a) and (c) in each case the words from “in accordance with” to the end of the paragraph shall be omitted, and

(b) after sub-paragraph (c) there shall be added the following sub-paragraph:—

“(d) in sub-paragraphs (a) and (c) above the words “Pasteurised”; “Ultra Heat Treated” (or “UHT”) and “Sterilised” in relation to milk have the same meaning as in the Dairy Products (Hygiene) (Scotland) Regulations 1995.”.

(5) The Milk and Dairies (Scotland) Regulations 1990(7) shall be amended as follows:—

(a) in regulation 2(1) (interpretation) the definitions of “bactericidal agent”, “dairy premises”, “milk carrier”, “milk processor”, “milk tanker” and “road” shall be omitted;

(b) in regulation 10(4) (precautions against spread of disease) the words “in whose name such premises are licensed under these Regulations” shall be omitted;

(c) in regulation 18 (employees) the words “and every milk carrier” shall be omitted;

(d) in regulation 19 (penalties) for the words “regulations 3(7), 9(1) and 10(1) or (3)” there shall be substituted the words “regulation 10(1) or (3)”.

(6) In the Food Premises (Registration) Regulations 1991(8), for sub-paragraph (a) of regulation 3(2) (exceptions) there shall be substituted the following sub-paragraph:—

“(a) as a production holding or as a dairy establishment in each case within the meaning, in relation to Scotland, of the Dairy Products (Hygiene) (Scotland) Regulations 1995;”.

(1)

S.I. 1948/960; amended by S.I. 1959/413, 1960,2108, 1963/1101, 1983/270, 1985/1068 and 1990/2625.

(2)

S.I. 1959/413, relevant amending instrument is S.I. 1990/2625.

(3)

S.I. 1976/1888, to which there are amendments not relevant to these Regulations.

(4)

OJ No.L148, 3.7.71, p.4 (OJ/SE 1971 Vol.II, p.412).

(5)

The relevant amending instrument is Council Regulation (EEC) No.566/76 (OJ No.L67, 15.3.76, p.23) as read with the corrigendum at OJ No.L107, 24.4.76, p.22.

(6)

1983/938, to which there are amendments not relevant to these Regulations.

(7)

S.I. 1990/2507 to which there are amendments not relevant to these Regulations.

(8)

1991/2825, to which there are amendments not relevant to these Regulations.