The Dairy Products (Hygiene) Regulations 1995

Regulation 24(3)

SCHEDULE 13 AMENDMENT OF THE FOOD LABELLING REGULATIONS 1984

1.  In regulation 2(1)—

(a) after the definition of “liqueur wine” there shall be inserted the following definition—

““milk” means milk intended for sale, or sold, for human consumption of—

(a)

one or more cows, and includes raw milk, standardised whole milk, non-standardised whole milk, semi-skimmed milk and skimmed milk, and

(b)

one or more ewes, goats or buffaloes:”;

(b) after the definition of “protein” there shall be inserted the following definitions—

““raw milk”, “standardised whole milk”, “non-standardised whole milk”, “semi-skimmed milk” and “skimmed milk”, in relation to cows' milk, have the meanings respectively assigned to them by Council Regulation (EEC) No. 141/71, as amended;”.

2.  In regulation 3(1), for the words “they shall not” there shall be substituted the words “Part IV shall not”.

3.  After regulation 31A there shall be inserted the following regulation—

“Health warning on cows' raw milk

31B.— (1) Subject to paragraph (3) of this regulation, and except in cases to which paragraph (2) of this regulation applies, the container in which any raw milk is sold shall be marked or labelled with the words “this milk has not been heat-treated and may therefore contain organisms harmful of health”.

(2) Subject to paragraph (3) of this regulation, in the case of raw milk which is not pre-packed and is sold at a catering establishment there shall appear—

(a) on a label attached to the container in which the milk is sold, or

(b) on a ticket or notice that is readily discernible by an intending purchaser at the place where he chooses that milk,

the words “Milk supplied in this establishment has not been heat-treated and may therefore contain organisms harmful to health”.

(3) This regulation shall not apply to raw milk from ewes, goats or buffaloes.”.

4.  In regulation 24, in the definition of “prepacked for direct sale” in paragraph (3)—

(a) in sub-paragraph (a), for the words “and bread” there shall be substituted the words “, bread and milk”, and

(b) the full stop at the end of sub-paragraph (b) shall be replaced by a semi-colon and after that sub-paragraph there shall be inserted the following sub-paragraph—

“(c) in relation to cows' milk, put into containers on the premises where the milk is produced by the person owning or having control of the herd from which the milk is produced for sale by him on those premises or from a vehicle or stall used by him.”

5.  In regulation 33, after paragraph (2), there shall be inserted the following paragraph—

“(3) Notwithstanding paragraphs (1) and (2) of this regulation—

(a) in the case of milk that is contained in a bottle, any particulars which are required to be given under these Regulations may be given on the bottle cap, and

(b) in the case of raw milk contained in a bottle, the particulars specified in regulation 31B above shall be given elsewhere other than on the bottle cap.”.

6.  In regulation 35, in paragraphs (1) and (2), after the words “of alcoholic strength by volume” in each paragraph there shall be inserted the words “or, in the case of cows' raw milk, the required cautionary words”.