The Importation of Milk (Scotland) Regulations 1988

Regulation 4(b)

SCHEDULE 1 HEAT-TREATMENT REQUIREMENTS

1.—(1) Specified drinking milk or bulk milk is pasteurised by being heated to a temperature of not less than 71.7C and retained at that temperature for not less than 15 seconds, or to such other temperature for such other period as has equivalent effect, cooled immediately thereafter to a temperature of not more than 6C and retained at that temperature until the milk leaves the heat-treatment establishment.

(2) Cream or milk-based drink is pasteurised by being heated to a temperature of not less than 72C and retained at that temperature for not less than 15 seconds, or to such other temperature for such other period as has equivalent effect.

2.  Specified drinking milk, cream, milk-based drink or bulk milk is sterilised by being heated in a hermetically sealed container to a temperature of not less than 108C and retained at that temperature for not less than 45 minutes, or to such other temperature for such other period as has equivalent effect, and cooled as soon as practicable thereafter.

3.—(1) Specified drinking milk or bulk milk is heat-treated by the ultra high temperature method to a temperature of not less than 135C by the application of a continuous flow of heat during one unbroken period of not less than 1 second and by being packaged aseptically in opaque containers.

(2) Cream or milk-based drink is heat-treated by the ultra high temperature method by being heated to a temperature of not less than 140C by the application of a continuous flow of heat during one unbroken period of not less than 2 seconds, or to such other temperature for such other period as has equivalent effect, and packaged aseptically in opaque containers.

Regulations 6 and 9

SCHEDULE 2 IMPORTATION PROCEDURE

1.  Except as specified in this Schedule—

(a) an importer shall ensure that, as soon as possible after importation and such examination as may be carried out by an officer of Customs and Excise, imported milk is taken to a designated place;

(b) no person (other than an authorised officer or a person authorised in writing by an authorised officer) shall remove imported milk from a designated place.

2.—(1) After the arrival of a consignment of imported milk at a designated place an authorised officer shall carry out a primary examination (that is to say an examination of any document accompanying the consignment of imported milk and, at the option of the authorised officer, such examination of that consignment as may be carried out without opening any closed container).

(2) If upon that primary examination the authorised officer decides that—

(a) any of the consignment of imported milk has been imported in breach of these Regulations; or

(b) in the case of cream or milk-based drink, human health would be protected if that consignment were not unconditionally authorised to be removed; he shall give notice to the importer in writing that the consignment shall not be removed from the designated place for any purpose other than its disposal or destruction in accordance with sub-paragraph (3) or (4) of this paragraph.

(3) In the case of specified drinking milk or bulk milk, having regard to considerations of human health, where the authorised officer is of the opinion that—

(a) it is not necessary to destroy the consignment, he shall require the importer at the importer’s expense and at his option either to return the consignment to the consignor or to use it for a purpose other than human consumption or to destroy it;

(b) it is necessary to destroy the consignment, he shall require the importer, at the importer’s expense, to destroy the consignment.

(4) In the case of cream or milk-based drink, the authorised officer shall require the importer at the importer’s expense to export the consignment or to use it for a purpose other than human consumption or to destroy it.

(5) If upon that primary examination the authorised officer does not come to a decision described in sub-paragraph (2) of this paragraph, he may either-

(a) unconditionally authorise the importer in writing to remove the consignment; or

(b) subject to sub-paragraph (6) of this paragraph, arrange for the carrying out of further examination of the consignment in accordance with paragraph 3 of this Schedule.

(6) In the case of specified drinking milk or bulk milk, the authorised officer may act under sub-paragraph (5)(b) of this paragraph only where it appears to him that one of the following provisions applies, that is to say:-

(a) Article 5(4) of the Council Directive (which permits intensified checks, in specified circumstances, relating to the non-observance in a milk-treatment establishment of the provisions of the Council Directive);

(b) Article 7(2) of the Council Directive (which permits checks where irregularities are suspected).

3.—(1) For the purpose of further examination under this paragraph an authorised officer may, to such extent as is reasonable and within such time as is reasonable—

(a) remove any imported milk from a designated place;

(b) open any container of imported milk;

(c) take samples of imported milk;

(d) test samples of imported milk;

(e) analyse samples of imported milk; and

(f) arrange, by agreement with any other person, for samples of imported milk to be tested and analysed by that other person.

(2) If upon further examination the authorised officer decides that—

(a) any of the consignment of imported milk has been imported in breach of these Regulations; or

(b) in the case of cream or milk-based drink, human health would be protected if the consignment were not unconditionally authorised to be removed; he shall give notice to the importer in writing that the consignment must not be removed from the designated place for any purpose other than its disposal or destruction in accordance with sub-paragraph (3) or (4) of this paragraph.

(3) In the case of specified drinking milk or bulk milk, having regard to considerations of human health, where the authorised officer is of the opinion that—

(a) it is not necessary to destroy the consignment, he shall require the importer at the importer’s expense and at his option either to return the consignment to the consignor or to use it for a purpose other than human consumption or to destroy it;

(b) it is necessary to destroy the consignment, he shall require the importer, at the importer’s expense, to destroy the consignment.

(4) In the case of cream or milk-based drink, the authorised officer shall require the importer at the importer’s expense to export the consignment or to use it for a purpose other than human consumption or to destroy it.

(5) If upon further examination the authorised officer does not come to a decision described in sub-paragraph (2) of this paragraph, he shall unconditionally authorise the importer in writing to remove the consignment.

(6) An authorised officer may unconditionally authorise an importer in writing to remove a consignment notwithstanding that further examination of that consignment has not been completed.

(7) Where further examination of a consignment is being carried out, an authorised officer shall authorise the importer to remove from the designated place such milk as the importer may reasonably require for the purpose of sampling in relation to possible proceedings under these Regulations.

4.—(1) Where notice is given to an importer under paragraph 2(2) or 3(2) of this Schedule, such notice shall—

(a) specify the grounds on which it is based;

(b) where the imported milk is specified drinking milk or bulk milk imported on or after 1st January 1989, inform the importer of his right to obtain the opinion of an expert by serving a counter-notice in accordance with sub-paragraph (4) of this paragraph;

(c) inform the importer that the consignment may be disposed of or destroyed by the authorised officer so that it cannot be used for human consumption, unless—

(i) within the time specified in sub-paragraph (2) of this paragraph the importer gives to the authorised officer a written undertaking to comply with the requirement to dispose of or destroy the consignment as specified in the notice, or to try to prove before the sheriff that the decision of the authorised officer, under paragraph 2(2) or 3(2) of this Schedule, as the case may be, was incorrect; or (ii) the authorised officer rescinds the notice.

(2) The time within which the importer is required to give an undertaking under sub-paragraph (1)(c)(i) of this paragraph shall be-

(a) in the case of specified drinking milk or bulk milk where the importer serves a counter-notice in accordance with sub-paragraph (4) of this paragraph, within seven days of the contents of the written opinion of the expert being notified to him under sub-paragraph (8)(a) of this paragraph;

(b) in the case of specified drinking milk or bulk milk where the importer does not serve a counter-notice in accordance with sub-paragraph (4) of this paragraph, within seven days of the receipt of the notice under paragraph 2(2) or 3(2) of this Schedule;

(c) in any other case, a time specified in the notice under paragraph 2(2) or 3(2) of this Schedule, being not earlier than the end of the next working day after the notice is received.

(3) If within the time specified in sub-paragraph (2) of this paragraph the authorised officer-

(a) has not received any such written undertaking as is described in the notice; or

(b) has received such a written undertaking and the undertaking has not been carried out; the authorised officer may cause the consignment to be destroyed or disposed of by such means and in such manner as to prevent it from being used for human consumption in the United Kingdom.

(4) An importer of specified drinking milk or bulk milk (imported on or after 1st January 1989) given a notice under paragraph 2(2) or 3(2) of this Schedule may, within seven days from the date of service of the notice, serve a counter-notice upon the authorised officer requiring him to obtain the opinion of an expert, to be nominated by the Secretary of State, as to the matters specified in sub-paragraph (6) of this paragraph.

(5) Upon receipt of a counter-notice served under sub-paragraph (4) of this paragraph, the authorised officer shall inform the Secretary of State of its contents and request the nomination of an expert for the said purpose.

(6) The Secretary of State shall consult the Commission of the European Economic Community as to the nomination of an expert, who shall be a national of a member state of the said Community other than the exporting country or the United Kingdom, and, acting on the advice of the said Commission, the Secretary of State shall nominate an expert to determine—

(a) whether the consignment has been imported contrary to these Regulations; and

(b) the accuracy and relevance of any matter specified in the notice under paragraph 2(2) or 3(2) of this Schedule as a ground on which such notice is based.

(7) The expert so nominated shall examine the consignment and determine the matters referred to in sub-paragraph (6) of this paragraph and shall give his written opinion thereon to the authorised officer.

(8) Not later than the end of the next working day after receipt by him of the written opinion of the expert, the authorised officer—

(a) shall notify its contents to the importer who, under sub-paragraph (4) of this paragraph, has required it to be obtained; and

(b) may rescind the notice given by him under paragraph 2(2) or 3(2) of this Schedule by giving written notice to that effect on the importer.

(9) If within the time specified in sub-paragraph (2) of this paragraph the authorised officer has received a written undertaking in accordance with sub-paragraph (1)(c)(i) of this paragraph to try to prove before the sheriff that the decision of the authorised officer was incorrect, the authorised officer shall-

(a) take steps, no later than the end of the next working day after receipt of the undertaking, to obtain the decision of the sheriff with respect thereto;

(b) authorise the importer to remove from the designated place such milk as the importer may reasonably require for the purpose of evidence; and

(c) make available to the importer such information (in relation to any further examination which has taken place under paragraph 3 of this Schedule) as the importer may reasonably require for the purpose of evidence.

5.  Where, in pursuance of paragraph 4(9)(a) of this Schedule, the decision of the sheriff is sought—

(a) if he is satisfied that the importer has failed to prove that the decision of the authorised officer (under paragraph 2(2) or 3(2) of this Schedule as the case may be) was incorrect, the sheriff shall order the consignment to be destroyed or disposed of under the supervision of an authorised officer by such means and in such manner as to prevent it from being used for human consumption in the United Kingdom;

(b) if he is satisfied that the importer has proved that that decision was incorrect, the sheriff shall order that the notice (under paragraph 2(2) or 3(2) of this Schedule as the case may be) shall no longer have effect and unconditionally authorise the importer to remove the consignment from the designated place.

6.  An authorised officer may, with the agreement of an officer of Customs and Excise, carry out any examination (or any part of an examination) of a consignment of imported milk before its examination by the officer of Customs and Excise has been completed and if, as a result of such an examination, the authorised officer unconditionally authorises the importer in writing to remove the consignment, compliance on the part of the importer with paragraph 1(a) of this Schedule shall not be required.

7.  An authorised officer may, to such extent as is reasonable for the purpose of protection of human health, at any stage from the time when the consignment reaches him for primary examination under paragraph 2 of this Schedule, do anything specified in paragraph 3(1)(a) to (f) of this Schedule notwithstanding that he is not carrying out a further examination under paragraph 3 of this Schedule, and may take such action as is reasonable in respect of the destruction or disposal of any milk which he has removed under this paragraph.

8.  Where, under this Schedule, any authorisation or examination relates to a consignment of imported milk, such authorisation or examination may relate only to such part of the consignment as remains after removal of any milk under paragraph 3(1), 3(7), 4(9)(b) or 7 of this Schedule.

9.  Where a notice under paragraph 2(2) or 3(2) of this Schedule (or under any equivalent provision of legislation having effect in Northern Ireland or England and Wales) is in effect in relation to a consignment, an authorised officer may cause any consignment subsequently landed in Scotland which contains any milk from that previously mentioned consignment to be destroyed or disposed of by such means and in such manner as to prevent it from being used for human consumption in the United Kingdom.

Regulation 7

SCHEDULE 3 APPLICATION OF ENACTMENTS

1.  In this Schedule “permitted imported milk” means—

(a) milk imported into Scotland—

(i) pursuant to the disapplication, by regulation 4, of the importation prohibition contained in regulation 3; and

(ii) in accordance with these Regulations; and

(b) milk brought into Scotland from another part of the United Kingdom where that milk has been imported into that other part of the United Kingdom in accordance with legislation having effect for the time being in that other part of the United Kingdom.

2.  The following provisions shall not apply in respect of the types of permitted imported pre-packaged milk specified in relation thereto:-

(a) as regards standardised whole milk, section 3 of the Milk and Dairies (Amendment) Act 1922((1)) and the Milk (Special Designations) Act 1949((2)) (which relate to special designations) and any orders or regulations made thereunder;

(b) as regards cream, regulation 4 of the Cream (Heat Treatment) (Scotland) Regulations 1983 (which relates to heat treatment); and

(c) as regards milk-based drink, regulation 7 of the Milk-based Drinks (Scotland) Regulations 1983 (which relates to heat treatment).

3.  The following provisions shall not apply in respect of the types of permitted imported milk specified in relation thereto:—

(a) as regards bulk milk and cream, paragraph 1 of Schedule 1 to the Cream (Heat Treatment) (Scotland) Regulations 1983 (which relates to the country of origin); and

(b) as regards bulk milk and milk-based drink, paragraph 1 of Schedule 2 to the Milk-based Drinks (Scotland) Regulations 1983 (which relates to the country of origin).

4.  Regulation 3 of the Milk and Dairies (Semi-skimmed and Skimmed Milk) (Heat Treatment and Labelling) (Scotland) Regulations 1974((3)) (which relates to heat-treatment) shall not apply to permitted imported milk which is specified drinking milk except insofar as it prohibits the sale of semi-skimmed milk and skimmed milk in the absence of compliance by a milk purveyor with his obligations under paragraph 2 of Schedule 1 therein (which relates to records) and insofar as it confers rights of inspection under paragraph 3 of that Schedule.

(1)

1922 c. 54; section 3 was substituted by the Milk Act 1934 (c. 51), section 10 and amended by S.R. & O. 1939/782 and by the Milk (Special Designations) Act 1949 (c. 34), section 11(3).

(2)

1949 c. 34

(3)

S.I. 1974/1356, amended by S.I. 1983/1526, 1985/1068, 1986/791 and 1988/1815