The Milk and Dairies and Milk (Special Designation) (Charges) Regulations 1990

In these Regulations, except where the context requires otherwise–

• “the Act” means the Food Act 1984;

• “the Board” means the Milk Marketing Board for England and Wales established by the Milk Marketing Scheme (Approval) Order 19333;

• “cow” means a cow kept for milking purposes whether dry or in milk but does not include a heifer which has never calved;

• “dairy farm visit” means a visit to a registered dairy farm by an inspector and the undertaking by him there of inspection, sampling or both for the purpose of ascertaining whether provisions of the principal Regulations are being complied with, and–

  1. a

     “sampling dairy farm visit” means a dairy farm visit for the sole purpose of taking samples of milk or water or both, and

  2. b

     “general dairy farm visit” means any other dairy farm visit;

• “follow-up visit” means a sampling dairy farm visit arising out of findings of a previous sampling dairy farm visit for which a charge has been made under these Regulations, and findings of any follow-up visit shall be treated as if they were also findings of that previous sampling dairy farm visit;

• “inspector” means an inspector or authorised officer of the Minister;

• “the Minister” means–

  1. a

     except in regulation 4, the Minister of Agriculture, Fisheries and Food and the Secretary of State, acting jointly, and

  2. b

     in regulation 4–

     1. i

        in respect of registered dairy farms wholly in Wales, the Secretary of State, and

     2. ii

        in respect of other registered dairy farms, the Minister of Agriculture, Fisheries and Food;

• “the principal Regulations” means the Milk and Dairies (General) Regulations 19594, the Milk (Special Designation) Regulations 19895 or both;

• “registered dairy farm” means a farm registered under regulation 6 of the Milk and Dairies (General) Regulations 1959;

• “registered dairy farmer” means a person registered under regulation 6 of the Milk and Dairies (General) Regulations 1959; and

• “served” means served in accordance with section 125 of the Act.

Any reference in these Regulations to a numbered regulation shall, unless the reference is to a regulation of specified Regulations, be construed as a reference to the regulation so numbered in these Regulations.

For the purposes of the principal Regulations, and subject to paragraphs (2) and (3) hereof, there shall be due from the registered dairy farmer to the Minister, in respect of any matter specified in the first column of the Schedule to these Regulations, the charge specified in relation thereto in the second column thereof.

The charge due under the first item of the Schedule to these Regulations shall be the higher rate of charge unless the number of cows on the registered dairy farm at the time of commencement of the dairy farm visit is less than twenty and the registered dairy farmer provides to the inspector, no later than at the time at which the charge is recovered, a written declaration to that effect, in which case the charge due shall be the lower rate of charge.

The Minister shall notify the registered dairy farmer before any deduction is made by the Board under paragraph (1) hereof.

The Minister shall meet such reasonable costs as the Board may incur in recovering charges under paragraph (1) hereof.

Any charge due under regulation 3 which is not recoverable under paragraph (1) hereof shall become payable on a demand being served on the registered dairy farmer by the Minister.

Any sum remaining unpaid may be recovered by the Minister from the registered dairy farmer as a civil debt.