The Dairy Products (Hygiene) (Scotland) Regulations 1995

General conditions

9.—(1) Subject to paragraphs (8), (9), (10) and (11) below and to regulation 15, no person shall sell for human consumption any raw milk, thermised milk, heat-treated drinking milk, heat-treated milk intended for the manufacture of milk-based products or milk-based products unless—

(a) it originates from a licensed production holding or an approved dairy establishment which complies with the appropriate requirements set out in Schedules 1 and 2;

(b) it complies with the appropriate requirements set out in Schedule 3;

(c) the occupier of the dairy establishment has complied with the provisions of regulation 13 in relation to it;

(d) in particular it complies with the appropriate conditions specified in paragraphs (2), (3), (4), (5) or (6) below;

(e) it complies with paragraphs (7), (8), (9) and (10) below, if applicable; and

(f) it complies with regulation 11.

(2) In the case of raw drinking milk which is raw ewes' or goats' milk, the appropriate conditions to be complied with are those specified in paragraph 1 of Part I of Schedule 4 and regulation 12.

(3) In the case of thermised milk, the appropriate conditions to be complied with are that—

(a) it shall be manufactured from raw milk which complies with the requirements of paragraph (1) (a) (b) and (c) above; and

(b) where the thermised milk is intended for the manufacture of milk-based products, it complies with the requirements of Part II of Schedule 5.

(4) In the case of heat-treated drinking milk, the appropriate conditions to be complied with are that it shall be manufactured from—

(a) raw milk or thermised milk which complies with paragraph (1)(a), (b) and (c) above; or

(b) other heat-treated drinking milk which complies with the appropriate requirements of Part III of Schedule 4; or

(c) a mixture of the milk specified in sub-paragraphs (a) and (b) above.

(5) In the case of heat-treated milk intended for the manufacture of milk-based products, the relevant conditions to be complied with are those specified in Parts III and IV of Schedule 5.

(6) (a) In the case of milk-based products, other than milk-based drinks made from cows' milk, the appropriate conditions to be complied with are those specified in Schedule 6 and that they shall be manufactured from—

(i) raw milk or thermised milk which complies with paragraphs (1)(a), (b) and (c) and (3)(b) above, as appropriate; or

(ii) heat-treated drinking milk which complies with paragraph (4)(b) above; or

(iii) heat-treated milk (not being heat-treated drinking milk) which complies with paragraph (5) above;

(b) in the case of milk-based drinks made from cows' milk, the appropriate conditions to be complied with are those specified in Schedule 6 and that they shall be manufactured from heat-treated drinking milk which is cows' milk and which complies with paragraph (4)(b) above.

(7) No person shall sell any ice-cream unless it is pasteurised ice-cream which complies with Part V of Schedule 6 or it is sterilised ice-cream which complies with Part VI of that Schedule.

(8) In the case of any milk which does not satisfy the conditions specified in paragraph 2(a) and (c) of Part I of Schedule 3, it may be sold for human consumption after it has been heat-treated.

(9) In the case of any dairy products which have been handled in an infected area, they may be sold for human consumption if the milk used in the production of such dairy products has been heat-treated.

(10) In the case of cheese with a period of ageing or ripening of at least sixty days and which complies with Part I of Schedule 6, it shall not be necessary for such cheese to be—

(a) prepared in a dairy establishment which complies with the requirements of Parts I and II of Schedule 2;

(b) made from raw milk complying with paragraphs 2 and 4 of Part II of Schedule 3; or

(c) wrapped and packaged in accordance with the requirements of Schedule 9.

(11) In the case of milk-based products with traditional characteristics, it shall not be necessary for such products to—

(a) be prepared in a dairy establishment which complies with the requirements of Parts I and II of Schedule 2;

(b) be made from raw milk which complies with the requirements of Parts II and III of Schedule 3;

(c) satisfy the microbiological criteria specified in Part I of Schedule 6; or

(d) be wrapped and packaged in accordance with the requirements of Schedule 9.

(12) In this regulation—

(a) in paragraph (1)(c), “occupier of the dairy establishment” in relation to raw milk purchased by a person for re-sale as described in regulation 13(3) includes the person who purchased that milk for re-sale, and

(b) in paragraph (9), “infected area” has the same meaning as in the Foot-andMouth Disease Order 1983(1).

(1)

S.I. 1983/1950, to which there is an amendment not relevant to these Regulations.