UK Offence Report

The Importation of Milk Regulations 1988

UK Statutory Instrument 1988 No. 1803 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
19 October 1988
In force from
16 November 1988
Extent
Not stated
Subject
Food, consumer protection, trading standards, product safety and age-restricted sales
Made under
Importation of Milk Act 1983

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations, which apply to England and Wales only, re-enact with amendments the Importation of Milk Regulations 1983, as amended. They make provision for the implementation of Council Directive No. 85/397/EEC (OJ No. L226, 24.8.85, p.13) on health and animal health problems affecting intra-Community trade in heat-treated milk. The principal changes are that— a subject to compliance with specified requirements,— i pasteurised milk, cream and milk-based drink and ii milk in bulk as well as pre-packaged milk,may now be imported (regulation 4(1)); b as from 1st January 1989, an importer whose importation of a consignment of milk is refused entry, is permitted, in specified circumstances, to obtain the opinion of an expert (regulation 6 and Schedule 2, paragraph 4(4) ). Consequentially, regulation 2(1) contains new definitions, in particular of “bulk milk”, “pre-packaged milk” and “specified drinking milk”. The last expression comprises—semi-skimmed milk, skimmed milk and standardised whole milk, the categories of drinking milk permitted to be imported in closed containers by the 1983 Regulations. The Regulations prohibit (regulation 3) the importation of milk, cream and milk-based drink into England and Wales unless (regulation 4)— a it has been pasteurised, sterilised or heat treated by the ultra high temperature method, b it comes from an EEC member State, c it is accompanied by an authorised certificate, d it is fit for human consumption, e it is imported through an authorised place of entry, and f it is imported, in the case of pasteurised milk, as pre-packaged milk or in a tanker which has been sealed by means of a watertight closure; in the case of sterilised milk, in the hermetically sealed container in which it was sterilised and, in the case of milk which has been heat treated by the ultra high temperature method, in the opaque containers in which it was packaged aseptically immediately after heat treatment. Details of authorised certificates and authorised places of entry must be published by notice in the London Gazette (regulations 4 and 5), and there is provision (regulation 5) for importation of particular consignments, subject to written Ministerial authorisation, through a place of entry not listed in such a notice. Regulation 6 and Schedule 2 deal with the procedure for examination on importation under the supervision of authorised officers (that is to say officers of approved port health or local authorities or officers authorised by the Minister of Agriculture, Fisheries and Food). There is provision for reference of such an officer’s decision to a magistrates' court and, in the case of specified drinking milk or bulk milk, for obtaining the opinion of an expert. An authorised officer’s powers of entry are set out in regulation 8(3). Regulation 7 and Schedule 3 adapt existing legislation to imported milk. As a result of this adaptation— a permitted imported milk, cream and milk-based drinks are exempt from inspection requirements which would duplicate provisions of these Regulations (Schedule 3, paragraph 2(a) and (b)); and b permitted imported pre-packaged milk which is— i standardised whole milk having a fat content of not less than the specified guideline figure, is exempt from the requirements of being sold under a special designation licence (Schedule 3, paragraph 3(a)), and ii milk-based drink, cream, semi-skimmed milk or skimmed milk, is exempt from domestic heat treatment requirements (Schedule 3, paragraphs 3(b) and (c) and 6(2)); c permitted imported bulk milk and milk-based drink may be domestically heat treated for use as milk-based drinks (Schedule 3, paragraph 4(a)); d permitted imported bulk milk and cream may be domestically heat treated to produce heat treated cream (Schedule 3, paragraph 4(b)); e containers of permitted imported pre-packaged milk and cream do not have to be filled and closed on registered premises (Schedule 3, paragraph 5); f labelling provisions which apply to domestically produced milk are applied to imported milk (Schedule 3, paragraph 6(1) and (3)). Offences against these Regulations are punishable on summary conviction by a fine not exceeding £2,000 (regulation 9).

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