UK Offence Report

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

UK Statutory Instrument 1988 No. 2206 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
15 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 Act 1984

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) Regulations 1986, 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 and 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 and tests (regulation 3(2)(c) and Schedule 3) and for labelling (regulation 4 and Schedule 4). The heat treatment requirements of the Regulations apply only to imported bulk milk, semi-skimmed and skimmed milk imported for delivery as such to consumers being exempt from such requirements (regulation 7). In addition to drafting amendments, the Regulations make the following changes of substance:— a a sample of milk taken in specified circumstances is required to satisfy a coliform test in the case of pasteurised milk and a plate count test in the case of raw milk, bulk milk heat treated for transportation, pasteurised milk, sterilised milk and milk treated by the ultra high temperature method (regulation 3(2) and Schedule 2, Part I, paragraph A5, Part II, paragraph 4(1), Part III, paragraph 4, Schedule 3, Parts III and IV); in consequence, the colony count test prescribed by the 1986 Regulations has been omitted; b records are required to be kept of bulk milk purchased by milk processors or delivered to them other than by way of sale, and purchased and sold by milk purveyors (Schedule 1, paragraph 2(1) and (2)); c as pre-conditions for heat treatment of raw milk it is required that— i over the preceding two months not less than two samples taken each month of the producer’s milk have satisfied a prescribed average plate count; ii in the case of raw milk not heat treated within 36 hours, 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 5 and 6); d in any proceedings for a breach of the pre-conditions referred to in paragraph (c) above, evidence of a sample taken or of a plate count carried out in accordance with Part I or IV of Schedule 3, respectively, is to be preferred to evidence of a sample taken or of a plate count by any other method (Schedule 1, paragraph 7); e in continuous flow heat treatment apparatus, devices for the automatic diversion of milk not raised to the authorised temperature are required to record each operation automatically, and the records are required to be dated and preserved for a specified period (Schedule 2, Part I, paragraph A3, Part II, paragraph B3, Part III, paragraph 2); f in specified circumstances, a sample of milk to be subjected to a coliform or plate count test is required to be transported at a prescribed temperature (Schedule 3, Part I, paragraph 6). These Regulations apply only to England and Wales. 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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