These Regulations may be cited as the Cheese and Cream Regulations 1995 and shall come into force on 1st January 1996.

In these Regulations, unless the context otherwise requires—

• “the Act” means the Food Safety Act 1990;

• “cheese” means the fresh or matured product intended for sale for human consumption, which is obtained as follows—

  1. a

     in the case of any cheese other than whey cheese, by combining, by coagulation or by any technique involving coagulation, of any of the following substances, namely milk, cream, skimmed milk, partly skimmed milk, concentrated skimmed milk, reconstituted dried milk, butter milk, materials obtained from milk, other ingredients necessary for the manufacture of cheese provided that those are not used for replacing, in whole or in part, any milk constituent, with or without partially draining the whey resulting from coagulation;

  2. b

     in the case of whey cheese—

     1. i

        by concentrating whey with or without the addition of milk and milk fat, and moulding such concentrated whey, or

     2. ii

        by coagulating whey with or without the addition of milk and milk fat;

• “cheese spread” means cheese which has been subjected to a process of melting and mixing with milk products other than cheese, with or without the addition of emulsifying salts;

• “clotted cream” means cream which has been produced and separated by the scalding, cooling and skimming of milk or cream;

• “cream” means that part of cows' milk rich in fat which has been separated by skimming or otherwise and which is intended for sale for human consumption;

• “EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993;

• “EEA State” means a State which is a Contracting Party to the EEA Agreement;

• “emulsifying salt” means any substance which converts proteins contained in cheese into a dispersed form thereby bringing about homogeneous distribution of fat and other components;

• “food authority” has the same meaning as in the Act except that it does not include—

  1. a

     the council of a district in a non-metropolitan county in England except where the county functions have been transferred to that council pursuant to a structural change,

  2. b

     until 1st April 1996, the council of a district in Wales, and

  3. c

     the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple);

• “labelling”, in relation to a food, includes any words, particulars, trade mark, brand name, pictorial matter or symbol relating to the food and appearing on the packaging of the food or on any document, notice, label, ring or collar accompanying the food;

• “member State” means a member State of the European Community;

• “processed cheese” means cheese which has been subjected to a process of melting and mixing with or without the addition of emulsifying salts;

• “sell” includes offer or expose for sale or have in possession for sale and “sale” and “sold” shall be construed accordingly;

• “sterilised cream” means cream which has been subjected to a process of sterilisation by heat treatment in the container in which it is to be supplied to the consumer.

In any proceedings for an offence under these Regulations it shall be a defence for the person charged to prove that the food in respect of which the offence is alleged to have been committed was intended for export to a country which has legislation analogous to these Regulations and that it complies with that legislation.

The Regulations listed in the Schedule hereto are hereby revoked.