UK Offence Report

The Milk and Dairies (Scotland) Regulations 1990

UK Statutory Instrument 1990 No. 2507 — creates 5 criminal offences.

5offences created
0recorded in force
0revoked
Made
7 December 1990
In force from
1 January 1991
Extent
Not stated
Subject
Food, consumer protection, trading standards, product safety and age-restricted sales
Made under
Schedule 1 to, the Food Safety Act 1990, Tribunals and Inquiries Act 1971

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 Scotland only) replace with amendments, provisions previously contained in the Milk and Dairies (Scotland) Act 1914 and the Milk and Dairies (Amendment) Act 1922. They revoke and replace with amendments the Milk and Dairies (Scotland) Order 1934 and the Bulk Transport of Milk (Scotland) Order 1976. They introduce a new system of licensing (regulation 3), instead of the previous system of registration. A dairyman will now be required to have his business licensed by the food authority, a food authority being an islands or district council. These Regulations do not apply to shops selling pre-packed milk and consequently regulation 2(1) contains a new definition of “dairy” which excludes shops. In particular these Regulations prescribe:– licences for persons proposing to carry on the business of a dairy (regulation 3); inspections of dairies at least once every two years by food authorities (regulation 4); structural conditions which dairies must comply with and provisions for the adequate and sufficient supply of wholesome water (regulations 5 and 6); provisions to prevent milk being exposed to the risk of contamination during milking and afterwards (regulations 7 and 8); a duty on dairymen not to sell contaminated milk and to notify infectious disease in any of their cows (regulation 9); a duty on persons to notify the dairyman of infectious disease and provisions for medical certificates (regulation 10); hygiene requirements for persons handling and distributing milk (regulation 11); filtering and cooling of milk and the temperature at which milk is cooled and main tained after filtering, and storage of milk (regulations 12, 13 and 14); provisions to prevent milk being exposed to the risk of contamination including requirements as to containers, plant, tankers and equipment (regulations 15 and 16); conditions under which milk is conveyed (regulation 17); a duty on dairymen and milk carriers to take steps to make the provisions of the Regulations known to their employees (regulation 18); penalties for offences committed under regulations 3(7), 9(1) or (2) and 10(1) or (3) (regulation 19); provide for the application of provisions of the Food Safety Act 1990 and for appeals against the revocation of or refusal to grant a licence (regulations 20 and 21 and Schedule 2). These Regulations come into force on 1st January 1991, except for regulation 3(1) and (7) to allow opportunity to change to the new licensing system.

Offences created by this instrument

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

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