Importation of Milk (Scotland) Regulations 1983
| Jurisdiction | UK Non-devolved |
| Citation | SI 1983/1545 |
| Year | 1983 |
1983 No. 1545 (S. 145)
FOOD
The Importation of Milk (Scotland) Regulations 198321stOctober 1983
26thOctober 1983
16thNovember 1983
In exercise of the powers conferred on me by section 1 of the Importation of Milk Act 1983(a), and of all other powers enabling me in that behalf, I hereby make the following regulations:—
Citation, commencement and extent
1.—(1) These regulations may be cited as the Importation of Milk (Scotland) Regulations 1983 and shall come into operation on 16th November 1983.
(2) These regulations shall extend to Scotland only.
Interpretation
2.—(1) In these regulations, unless the context otherwise requires—
"authorised officer" means any person authorised to act for the purposes of these regulations by a local authority (subject to the approval for the time being of the Secretary of State), or any person authorised directly by the Secretary of State;
"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, food is prepared for delivery to the ultimate consumer for immediate consumption;
"consignment" means that milk to which a certificate (as described in regulation 4(a)(iv)) relates;
"cream" means that part of milk rich in fat which has been separated by skimming or otherwise;
"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;
"importer", in relation to imported milk, includes any person who, whether as owner, consignor, consignee, agent or broker, is in possession of such milk
(a) 1983 c. 37.
or in any way entitled to the custody or control of it, and "import" shall be construed accordingly;
"local authority" means an islands or district council;
"milk" includes cream and milk-based drink;
"milk-based drink" has the meaning given to it in the Milk-based Drinks (Scotland) Regulations 1983(a);
"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;
"semi-skimmed milk", "skimmed milk" and "standardised whole milk" have the meanings respectively assigned to them by Article 3(1)(b) of Council Regulation No. 1411/71/EEC(b), as amended(c);
"ultimate consumer" means any person who buys otherwise than—
(a) for the purpose of re-sale;
(b) for the purposes of a catering establishment; or
(c) for the purposes 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 Scotland milk intended for human consumption.
(2) For the purposes of these regulations milk imported into Scotland shall be presumed, until the contrary is proved, to be intended for human consumption.
Exceptions to prohibition on importation
4. The provisions of regulation 3(1) shall not apply in respect of milk imported into Scotland which—
(a) (i) is standardised whole milk (which meets the requirements of regulation 4(c) of the Drinking Milk (Scotland) Regulations 1976(d)), semi-skimmed milk, skimmed milk, or cream or milk-based drink;
(a) S.I. 1983/1514.
(b) O.J. No. L148, 3.7.71, p.4 (O.J.S.E. 1971 (II), p.412). Corrigendum at O.J. No. L199, 19.7.73, p.38.
(c) The relevant amending instrument is Council Regulation No. 566/76/EEC; O.J. No. L67, 15.3.76, p.23. Corrigendum at O.J. No. L107, 24.4.76, p.22.
(d) S.I. 1976/1888.
(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 Secretary of State may from time to time require by notice published in the Edinburgh 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 (and in determining for the purposes of this paragraph 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);
(vi) is imported through an authorised place of entry; and
(vii) is imported in closed and sealed containers in which it is to be supplied to the ultimate consumer or to a catering establishment; or
(b) is cream which—
(i) has been heat treated as specified in Schedule 1, paragraph 3, and frozen immediately after heat treatment;
(ii) is imported and intended for sale to the ultimate consumer or to a catering establishment in a frozen state; and
(iii) complies in all respects with the provisions of sub-paragraphs (a)(iii) to (vii) of this regulation.
Authorised place of entry
5.—(1) The Secretary of...
To continue reading
Request your trial