Condensed Milk and Dried Milk Regulations 1977
| Jurisdiction | UK Non-devolved |
| Citation | SI 1977/928 |
1977 No. 928
FOOD AND DRUGS
COMPOSITION AND LABELLING
The Condensed Milk and Dried Milk Regulations 197726thMay 1977
10thJune 1977
1stJuly 1977Regulation 161stJuly 1980Remainder1stJuly 1978
The Minister of Agriculture, Fisheries and Food and the Secretary of State for Social Services, acting jointly, in exercise of the powers conferred on them by sections 4, 7 and 123 of the Food and Drugs Act 1955(a) as amended by section 4(1) of, and paragraph 3(1) of Schedule 4 to, the European Communities Act 1972(b) and as read with the Secretary of State for Social Services Order 1968(c), and of all other powers enabling them in that behalf, hereby make the following regulations, after consultation with such organisations as appear to them to be representative of interests substantially affected by the regulations and after reference to the Food Hygiene Advisory Council under section 82 of the Food and Drugs Act 1955 (in so far as the regulations are made in exercise of the powers conferred by the said section 7):—
Citation and commencement
1. These regulations may be cited as the Condensed Milk and Dried Milk Regulations 1977, and shall come into operation as respects regulations 2 and 17 on 1st July 1977 and as respects the remainder on 1st July 1978 except for regulation 16, which shall come into operation on 1st July 1980.
Interpretation
2.—(1) In these regulations, unless the context otherwise requires—
"the Act" means the Food and Drugs Act 1955;
"the Community" means the European Economic Community;
"condensed milk" means milk, partly skimmed milk or skimmed milk or any combination thereof, whether with or without the addition of cream, dried milk or sucrose, which has been concentrated by the partial removal of water, but does not include dried milk;
(a) 4 & 5 Eliz. 2. c. 16.
(b) 1972 c. 68.
(c) S.I. 1968/1699 (1968 III, p. 4585).
"condensed milk product" means any food specified in column 2 of Part I of Schedule 1 as read with paragraphs 1 and 2 of that Part, but does not include any product which contains such a food as an ingredient and which is sold, consigned or delivered as a compound product;
"container" includes any form of packaging of food for sale as a single item, whether by way of wholly or partly enclosing the food or by way of attaching the food to some other article, and in particular includes a wrapper or confining band;
"dried milk" means milk, partly skimmed milk or skimmed milk or any combination thereof, whether with or without the addition of cream, which has been concentrated to the form of powder, granule or solid by the removal of water;
"dried milk product" means any food specified in column 2 of Part II of Schedule 1 as read with paragraph 1 of that Part, but does not include any product which contains such a food as an ingredient and which is sold, consigned or delivered as a compound product;
"food" means food intended for sale for human consumption and includes drink, chewing gum and other products of a like nature and use, and articles and substances used as ingredients in the preparation of food or drink or of such products, but does not include—
(a) water, live animals or birds,
(b) fodder or feeding stuffs for animals, birds or fish, or
(c) articles or substances used only as drugs;
"food and drugs authority" has the meaning assigned to it by section 198 of the Local Government Act 1972(a);
"human consumption" includes use in the preparation of food for human consumption;
"instant preparation", in relation to any dried milk product, means a product capable of rapid dispersal in water;
"lactate" means lactic acid and lactate calculated as lactic acid;
"lactose" has the meaning assigned to it by the Specified Sugar Products Regulations 1976(b);
"milk" means cows' milk;
"permitted anti-caking agent" means any anti-caking agent in so far as its use in food is permitted by the Miscellaneous Additives in Food Regulations 1974(c), as amended (d);
"permitted antioxidant" means any antioxidant in so far as its use in food is permitted by the Antioxidant in Food Regulations 1974(e), as amended (f);
"permitted emulsifier" means any emulsifier in so far as its use in food is permitted by the Emulsifiers and Stabilisers in Food Regulations 1975(g), as amended (f);
(a) 1972 c. 70.
(b) S.I. 1976/509 (1976 I, p. 1484).
(c) S.I. 1974/1121 (1974 II, p. 4227).
(d) The relevant amending instrument is S.I. 1975/1485 (1975 III, p. 4928).
(e) S.I. 1974/1120 (1974 II, p. 4210).
(f) There is no amendment which relates expressly to the subject matter of these regulations.
(g) S.I. 1975/1486 (1975 III, p. 4932).
"permitted miscellaneous additive" means any acid, anti-caking agent, anti-foaming agent, base, buffer, firming agent, glazing agent, humectant, liquid freezant, packaging gas, propellent, release agent or sequestrant in so far as its use in food is, in each case, permitted by the Miscellaneous Additives in Food Regulations 1974, as amended;
"reserved description", as respects any condensed milk product or dried milk product, means a description specified in relation to that product in column 1 of Part I or Part II of Schedule 1, and the use of any such description in these regulations shall be construed as meaning the condensed milk product or dried milk product specified in relation to that description in column 2, as read with paragraphs 1 and 2, of Part I of Schedule 1, or in column 2, as read with paragraph 1, of Part II of that Schedule;
"sell" includes offer or expose for sale or have in possession for sale, and "sale" and "sold" shall be construed accordingly;
"sell by retail" means sell to a person buying otherwise than for the purpose of re-sale, but does not include selling to a caterer for the purposes of his catering business or to a manufacturer for the purposes of his manufacturing business, and "sale by retail" and "sold by retail" shall be construed accordingly;
"sterilised" means sterilised by any heat treatment including ultra heat treatment;
"sucrose" means semi-white sugar, sugar or white sugar or extra white sugar as defined by the Specified Sugar Products Regulations 1976;
"sweetened condensed milk product" means sweetened condensed milk, sweetened condensed partly skimmed milk or sweetened condensed skimmed milk;
"unsweetened condensed milk product" means unsweetened condensed high-fat milk, evaporated milk, unsweetened condensed milk, unsweetened condensed partly skimmed milk or unsweetened condensed skimmed milk;
AND other expressions have the same meaning as in the Act.
(2) The Interpretation Act 1889(a) shall apply to the interpretation of these regulations as it applies to the interpretation of an Act of Parliament and as if these regulations and the regulations hereby revoked were Acts of Parliament.
(3) Any reference in these regulations to a label borne on a container shall be construed as including a reference to any legible marking on the container however effected.
(4) All proportions mentioned in these regulations are proportions calculated by weight and, unless the context otherwise requires, are calculated on the total weight of the product.
(5) Any reference in these regulations to a specified proportion of a permitted miscellaneous additive, a permitted antioxidant or a permitted emulsifier shall be construed as if the miscellaneous additive, antioxidant or emulsifier were present in its anhydrous form.
(a) 1889 c. 63.
(6) For the purpose of these regulations, the supply of food, otherwise than by sale, at, in or from any place where food is supplied in the course of a business shall be deemed to be a sale of that food, and references to purchasing...
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