The Dairy Products (Hygiene) (Scotland) Regulations 1995

Exemptions

3.—(1) These Regulations shall not apply to—

(a) any production holding or dairy establishment producing or handling dairy products exclusively for the consumption of the occupier of that production holding or dairy establishment;

(b) any dairy establishment handling dairy products exclusively for the supply by the occupier of that dairy establishment otherwise than on sale;

(c) any person engaged in the production or handling of dairy products described in sub-paragraph (a) or (b) above.

(2) Subject to paragraph (3) below these Regulations shall not apply to—

(a) the handling of any dairy products in any catering establishment or shop premises;

(b) the sale of any dairy products from any catering establishment or shop premises; or

(c) any person engaged in the selling or handling of dairy products as described in sub-paragraph (a) or (b) above.

(3) Notwithstanding the exemption in paragraph (2) above the requirements of—

(a) Parts II to IV of Schedule 6 shall apply in relation to the handling of any heat-treated cream in any catering establishment or shop premises;

(b) Parts V and VI of Schedule 6 shall apply in relation to the handling of any ice-cream in any catering establishment or shop premises;

(c) regulation 12 shall apply in relation to raw drinking milk and raw and thermised cream.

(4) Subject to paragraph (5) below—

(a) regulation 6;

(b) regulation 9(1)(a);

(c) regulation 11(1)(b) and (d); and

(d) regulation 13(1)(b)(iii), (iv) and (vi) and (c) to (e),

shall not apply in relation to any processing establishment which comprises part of a farm premises from which establishment is carried on the business of selling or handling—

(i) any raw milk wrapped in that establishment; or

(ii) any milk-based product made from raw milk produced on those farm premises,

where such sales are made direct to the ultimate consumer exclusively.

(5) Notwithstanding the exemption in paragraph (4)(a) above the occupier of a processing establishment which comprises part of any farm premises shall ensure that the requirements of regulation 6(1)(a) as read with Part III of Schedule 2 are complied with in that processing establishment.

(6) In paragraph (1)(a) above “occupier” includes any person forming part of the occupier’s household.