Milk and Dairies (Heat Treatment of Cream) Regulations 1983
| Jurisdiction | UK Non-devolved |
| Citation | SI 1983/1509 |
| Year | 1983 |
1983 No. 1509
FOOD
The Milk and Dairies (Heat Treatment of Cream) Regulations 198318thOctober 1983
26thOctober 1983
16thNovember 1983
The Minister of Agriculture, Fisheries and Food, the Secretary of State for Social Services and the Secretary of State for Wales, acting jointly, in exercise of the powers conferred by sections 4, 29 (other than paragraphs (j), (k) and (l) of subsection (1)), 87(3) and 123 of the Food and Drugs Act 1955(a), and now vested in them(b), and of all other powers enabling them in that behalf, hereby make the following regulations, after consultation in accordance with section 123(6) of that Act with such organisations as appear to them to be representative of interests substantially affected by the regulations:—
Title, commencement and extent
1.—(1) These regulations may be cited as the Milk and Dairies (Heat Treatment of Cream) 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—
"the Act" means the Food and Drugs Act 1955;
"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;
(a) 1955 c. 16 (4 & 5 Eliz. 2); section 4 was amended by the European Communities Act 1972 (c. 68), Schedule 4, paragraph 3(1), section 29 was amended by the Local Government Act 1958 (c. 55), Schedule 9, Part II, and the European Communities Act 1972, Schedule 4, paragraph 3(3), section 87(3) was amended by the Weights and Measures Act 1963 (c. 31), Schedule 9, Part II, and section 123 was amended by the Weights and Measures Act 1963, Schedule 9, Part I, the Slaughterhouses Act 1974 (c. 3), Schedule 4, paragraph 4, and the Food and Drugs (Amendment) Act 1982 (c. 26), section 4.
(b) In the case of the Secretary of State for Social Services, by virtue of S.I. 1968/1699; in the case of the Secretary of State for Wales, by virtue of S.I. 1978/272.
"clotted cream" means cream which has been produced and separated by the scalding, cooling and skimming of milk or cream;
"container" includes a bottle;
"cream" means cream from cows' milk and includes cream to which permitted ingredients have been added;
"cream processor" means a person who subjects cream to heat treatment;
"permitted ingredient" means an ingredient permitted to be added to cream by regulation 5(1) or 5(2) of the Cream Regulations 1970(a);
"sale" includes possession for sale, offer for sale, and exposure for sale and "sell" shall be construed accordingly;
(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.
(3) Any reference in a regulation of or a schedule or a part of a schedule to these regulations to a numbered paragraph shall be construed as a reference to the paragraph so numbered in that regulation, schedule or part of a schedule (unless the reference specifies a different regulation, schedule or part of a schedule).
Exemption
3. These regulations shall not apply to any cream which is intended to be exported to any place outside the United Kingdom.
Heat treatment of cream
4.—(1) (a) Save as specified in paragraph (2) and subject to regulation 5, no person shall sell cream intended for human consumption unless the general requirements of Schedule 1 in connection with the heat treatment of that cream and the special requirements of—
(i) Schedule 2, Part I, in connection with such heat treatment by pasteurisation,
(ii) Schedule 2, Part II, in connection with such heat treatment by sterilisation, or
(iii) Schedule 2, Part III, in connection with such heat treatment by the ultra high temperature method—
are satisfied.
(b) The provisions as to sampling set out in Schedule 3, Part I, shall apply for the purposes of Schedule 2, the tests set out in Schedule 3, Parts II and III, shall apply for the purposes of Schedule 2, Part I, and the test set out in Schedule 3, Part IV, shall apply for the purposes of Schedule 2, Parts II and III.
(a) S.I. 1970/752, amended by S.I. 1975/1486, 1980/1849, 1982/1727.
(2) Paragraph (1) shall not apply in respect of the sale of:—
(a) cream, produced in Great Britain, which has not been treated by heat or in any manner likely to affect its nature and qualities and which has been derived from milk which has not been treated by heat or in any manner likely to affect its nature and qualities;
(b) cream for use in the preparation for human consumption of food other than cream.
Cream from Scotland and Northern Ireland
5.—(1) Where cream is brought into England and Wales from Scotland, the requirements of Schedule 1, paragraph 2, and of any Part of Schedule 2 shall, so far as they would relate to anything to be done before that cream enters England and Wales, be deemed to be satisfied if the corresponding requirements of any legislation having effect for the time being in Scotland in relation to the heat treatment of that cream are satisfied.
(2) Where cream is brought into England and Wales from Northern Ireland—
(a) the requirements of Schedule 1, paragraph 2, and of Schedule 2, Part II or III shall, so far as they would relate to anything to be done before that cream enters England and Wales, be deemed to be satisfied if the corresponding requirements of any legislation having effect for the time being in Northern Ireland in relation to the heat treatment of that cream are satisfied, and
(b) in cases of such deemed satisfaction of those requirements of these regulations, Schedule 1, paragraph 1, shall be deemed to be satisfied if that cream has been produced in Northern Ireland from milk produced in Northern Ireland.
Records
6. Every cream processor shall keep accurate records of—
(a) the quantities of cream purchased by him, of milk purchased or produced by him for cream production and of cream sold and delivered by him, and
(b) the names and addresses of the persons—
(i) from whom cream was purchased by him,
(ii) from whom milk was purchased by him for cream production, and
(iii) to whom cream was sold and delivered by him otherwise than by retail—
and retain each such record for a period of 12 months from the date of the transaction to which it relates.
Penalties and enforcement
7.—(1) If any person contravenes or fails to comply with any provision of these regulations, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000.
(2) Each local authority shall (subject to the proviso at the end of section 87(3) of the Act)—
(a) enforce and execute these regulations in their area, and
(b) give such assistance and information to any other local authority as that other local authority may reasonably require for the purpose of carrying out their duties under these regulations.
(3) For the purpose of these regulations subsection (7) of section 91 of the Act (which relates to powers of sampling) shall be modified to read as if the powers referred to in that subsection were exercisable throughout the area of any local authority by an authorised officer of that local authority.
Application of various provisions of the Act
8.—(1) Subject to paragraph (2), the following provisions of the Act shall apply for the purposes of these regulations as if references therein to proceedings, or a prosecution, under or taken or brought under the Act included proceedings, or a prosecution, as the case may be, taken or brought for an offence under these regulations:—
(a) section 108(3) and (4) (which relates to prosecutions);
(b) section 110(1), (2) and (3) (which relates to evidence of analysis);
(c) section 112 (which relates to the power of a court to require analysis by the Government Chemist);
(d) section 113 (which relates to a contravention due to some person other than the person charged);
(e) section 115(2) (which relates to the conditions under which a warranty may be pleaded as a defence);
(f) section 116 (which relates to offences in relation to warranties and certificates of analysis).
(2) Section 112 of the Act shall apply for the purposes of these regulations as if the reference therein to section 108(4) of the Act included a reference to that subsection as applied by paragraph (1).
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 11th October 1983.
Michael Jopling, Minister of Agriculture, Fisheries and Food.
(L.S.)
Norman Fowler, Secretary of State for Social Services.
18th October 1983.
John Stradling Thomas, Minister of State for Wales.
11th October 1983.
Regulations 4(1)(a) and 5
SCHEDULE 1
General requirements in connection with the heat treatment of cream
1. No milk other than milk produced in Great Britain and no cream other than cream produced in Great Britain shall be subjected to heat treatment so as to produce heat treated cream in accordance with these regulations.
2. Every cream processor shall take such measures as are adequate to ensure that any cream heat treated in accordance with these regulations shall, until such cream has been put into the containers in which it is to be supplied to consumers or to a catering establishment (and those containers have been closed so as to prevent contamination), be kept apart at all times from other cream, milk or food containing cream or milk.
Regulations 4(1)(a) and 5
SCHEDULE 2
Special requirements in connection with the heat treatment of cream
PART I—PASTEURISATION
1. The cream shall be pasteurised, that is to say it shall be treated in accordance with paragraph 2.
2.—(1) Where the cream is to be pasteurised separately from the remainder of the milk of which it forms...
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