Importation of Milk Regulations 1983
| Jurisdiction | UK Non-devolved |
| Citation | SI 1983/1563 |
1983 No. 1563
FOOD
The Importation of Milk Regulations 198324thOctober 1983
26thOctober 1983
16thNovember 1983
The Minister of Agriculture, Fisheries and Food and the Secretary of State for Wales, acting jointly, in exercise of the powers conferred on them by section 1 of the Importation of Milk Act 1983 (a), and of all other powers enabling them in that behalf, hereby make the following regulations:—
Title, commencement and extent
1.—(1) These regulations may be cited as the Importation of Milk Regulations 1983 and shall come into operation on 16th November 1983.
(2) These regulations extend to England and Wales.
Interpretation
2.—(1) In these regulations, unless the context otherwise requires—
"authorised officer" means an officer of any port health authority (or relevant local authority) which is approved for the time being for the purposes of these regulations by the Minister, or any person authorised by the Minister to act for the purposes of these regulations;
"catering establishment" means a restaurant, canteen, club, public house, school, hospital or other establishment (including a vehicle or a fixed or mobile stall) where, in the course of a business (as defined in section 135(1) of the Food and Drugs Act 1955 (b)), food is prepared for delivery to the ultimate consumer for immediate consumption;
"consignment" means the total quantity of milk to which a single certificate (as described in regulation 4(1)(a)(iv)) relates;
"cream" has the meaning given to it in the Milk and Dairies (Heat Treatment of Cream) Regulations 1983 (c);
"designated place" means any place designated by an authorised officer;
"exportation" means removal to a place outside the United Kingdom;
"human consumption" includes the preparation of food for human consumption;
(a) 1983 c.37.
(b) 1955 c.16, to which there are amendments not relevant to these regulations.
(c) S.I. 1983/1509.
"importer", in relation to imported milk, includes any person who, whether as owner, consignor, consignee, agent or broker, is in possession of the milk or in any way entitled to the custody or control of it, and "import" shall be construed accordingly;
"milk-based drink" has the meaning given to it in the Milk-based Drinks (Hygiene and Heat Treatment) Regulations 1983 (a);
"milk" includes cream and milk-based drink;
"the Minister" means the Minister of Agriculture, Fisheries and Food;
"officer of Customs and Excise" includes any person acting under the authority of the Commissioners of Customs and Excise;
"place of entry" means a port, aerodrome or other place of entry;
"port health authority" and "port health district" have the meanings respectively given to them in Part I of the Public Health Act 1936 (b);
"relevant local authority" means the council of any district or London borough or the Common Council of the City of London;
"semi-skimmed milk" and "skimmed milk" have the meanings respectively given to them in the 1973 regulations;
"standardised whole milk" means cows' milk (not being cream or milk-based drink) having a fat content of not less than 3.83%;
"the 1973 regulations" means the Milk and Dairies (Semi-skimmed and Skimmed Milk) (Heat Treatment and Labelling) Regulations 1973 (c) ;
"ultimate consumer" means any person who buys otherwise than for the purpose of resale, of a catering establishment or of a manufacturing business;
"working day" means a day which is not a public holiday, Saturday or Sunday.
(2) Any reference in these regulations to a numbered regulation or schedule shall, unless the reference is to a regulation of, or schedule to, specified regulations, be construed as a reference to the regulation or schedule so numbered in these regulations.
Prohibition on importation
3.—(1) Subject to regulation 4, no person shall import into England and Wales milk intended by him for human consumption.
(2) For the purposes of these regulations milk imported into England and Wales shall be presumed, until the contrary is proved, to be intended by the importer for human consumption.
(a) S.I. 1983/1508.
(b) 1936 c.49; section 2 was amended by S.I. 1949/2393, Schedule 2, the London Government Act 1963 (c.33), section 41(3), and the Customs and Excise Management Act 1979 (c.2), Schedule 4, paragraph 12, Table, Part I.
(c) S.I. 1973/1064, amended by S.I. 1982/1358, 1702, 1983/1511.
Exceptions to prohibition on importation
4.—(1) The prohibition on importation in regulation 3 shall not apply in respect of—
(a) milk imported into England and Wales which—
(i) is standardised whole milk, semi-skimmed milk, skimmed milk, cream or milk-based drink,
(ii) has been heat treated by the ultra high temperature method as specified in Schedule 1, paragraph 1, or sterilised as specified in Schedule 1, paragraph 2,
(iii) has been produced in, and is imported from, a member State of the European Economic Community,
(iv) is accompanied by, and complies with, such certificate as the Minister may from time to time require by notice published in the London Gazette in relation to milk in general or milk of such description as may be specified in the notice,
(v) is neither milk which is unfit for human consumption nor milk which has been rendered injurious to human health by addition of any substance as an ingredient, by abstraction of any constituent or by subjection to any other process or treatment,
(vi) is imported in a closed container in which it is to be supplied to the ultimate consumer or to a catering establishment, and
(vii) is imported through an authorised place of entry, or
(b) cream imported into England and Wales which—
(i) has been heat treated by being heated to a temperature of not less than 80°C and retained at that temperature for not less than 15 seconds,
(ii) has been frozen immediately after that heat treatment,
(iii) is imported in a frozen state, and
(iv) complies in all respects with the provisions of subparagraph (a)(iii) to (vii) of this paragraph.
(2) In determining for the purposes of this regulation whether particular milk is injurious to human health, regard shall be had not only to the probable effect of that particular milk on the health of a person consuming it, but also to the probable cumulative effect of milk of substantially the same composition on the health of a person consuming such milk in ordinary quantities.
Authorised places of entry
5.—(1) The Minister may by notice published in the London Gazette designate a place of entry as an authorised place of entry either—
(a) generally or
(b) specially, in relation to a description of milk specified in the notice.
(2) The Minister may also, by authorisation in writing, designate a place of entry as an authorised place of entry for a consignment of milk specified in the authorisation.
Importation procedure
6.—(1) Schedule 2 shall apply for the procedure for importation of milk into England and Wales.
(2) No person shall import any milk into England and Wales except in accordance with the procedure set out in Schedule 2.
(3) If any person imports any...
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