UK Offence Report

The Milk and Milk Products (Protection of Designations) (Scotland) Regulations 1990

UK Statutory Instrument 1990 No. 816 — creates 1 criminal offence.

1offences created
0recorded in force
1revoked
Made
27 March 1990
In force from
2 May 1990
Extent
Not stated
Subject
Food, consumer protection, trading standards, product safety and age-restricted sales
Made under
European Communities Act 1972, 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, which apply to Scotland only, and come into force on 2nd May 1990, provide for the enforcement of Council Regulation (EEC) No. 1898/87 on the protection of designations used in the marketing of milk and milk products. The Council Regulation provides, inter alia, for– a the definition of the terms “milk” and “milk products” and the reservation of certain designations (cream, butter, etc) to the latter (article 2 of the Annex to the Council Regulation); b a prohibition on the use of those designations for any product other than those referred to in Article 2, save in respect of products the exact nature of which is clear from traditional usage and/or when the designations are clearly used to describe a characteristic quality of the product (article 3.1 of the Council Regulation); and c a prohibition, in respect of any product other than those described in Article 2, on the use of any label etc., advertising, or presentation which claims, implies or suggests that the product is a dairy product (article 3.2 of the Council Regulation). These Regulations– a prescribe offences and penalties in respect of article 3 of the Council Regulation (regulation 2(1)); b designate enforcement authorities (regulation 2(2)); c provide a defence for advertisers acting in the ordinary course of business (regulation 3); and d introduce consequential amendments (including repeals and revocations) to the Food and Drugs (Scotland) Act 1956 and certain other regulations made under that Act (regulations 5 and 6, and the Schedule) and e make ancillary provisions (regulation 4).

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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