UK Offence Report

The Milk and Dairies (Semi-skimmed and Skimmed Milk) (Heat Treatment) (Scotland) Regulations 1988

UK Statutory Instrument 1988 No. 2190 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
14 December 1988
In force from
1 January 1989
Extent
Not stated
Subject
Food, consumer protection, trading standards, product safety and age-restricted sales
Made under
Food and Drugs (Scotland) Act 1956

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 re-enact with modifications the Milk and Dairies (Semi-skimmed and Skimmed Milk) (Heat Treatment and Labelling) (Scotland) Regulations 1974, as amended, and make provision for the implementation of Council Directive 85/397/EEC (OJ No. L226, 24.8.1985, p.13) on health and animal health problems affecting intra-Community trade in heat-treated milk. The Regulations require that semi-skimmed milk or skimmed milk sold for human consumption shall have been heat treated in accordance with the Regulations (regulation 3 and Schedules 1 and 2). They include provision for sampling (regulation 3(2)(c) and Schedule 3) and for tests (regulation 3(2)(d) and Schedule 4). The Regulations do not apply to semi-skimmed and skimmed milk imported heat treated in closed containers for delivery as drinking milk to consumers (regulation 7). In addition to drafting amendments, it makes the following changes of substance:— a in addition to the requirement to keep records of the quantities of milk purchased and sold, every milk processor and every milk purveyor is required to keep records of milk delivered, other than by way of purchase or sale (Schedule 1, paragraph 2); b as pre-conditions for heat treatment of raw milk it is required that — i over the preceding two months not less than two samples of the producer’s milk have been taken each month and have satisfied a prescribed average plate count; ii in the case of raw milk not heat treated within 36 hours of arrival at the heat treatment establishment, steps have been taken to ensure a prescribed maximum plate count is not exceeded; and iii the results of such plate counts are recorded (Schedule 1, paragraphs 8 and 9); c in any proceedings for a breach of the pre-conditions referred to in paragraph (b) above, evidence of a sample taken or of a plate count carried out in accordance with Schedule 3 or Part I of Schedule 4, respectively, is to be preferred to evidence of a sample taken or of a plate count carried out by any other method (Schedule 1, paragraph 10); d a sample of milk taken in specified circumstances is required to satisfy a new plate count test (Schedule 2, Part I, paragraph A7, Part II, paragraph 6, Part III, paragraph A6 and Schedule 4, Part I); e in specified circumstances, a sample of milk which is to be subjected to a plate count or coliform test is required to be transported at a prescribed temperature (Schedule 3, paragraph 3(3)). Information as to British Standards referred to in these Regulations can be obtained by post from the British Standards Institution at Milton Keynes or from any of the Institution’s sales outlets.

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