Milk and Dairies (Semi-skimmed and Skimmed Milk) (Heat Treatment and Labelling) Regulations 1973
| Jurisdiction | UK Non-devolved |
| Citation | SI 1973/1064 |
| Year | 1973 |
1973 No. 1064
FOOD AND DRUGS
MILK AND DAIRIES
The Milk and Dairies (Semi-skimmed and Skimmed Milk) (Heat Treatment and Labelling) Regulations 197315thJune 1973
26thJune 1973
18thJuly 1973
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 29, 87(3) and 123 of the Food and Drugs Act 1955(a), as read with the Secretary of State for Social Services Order 1968(b) and 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:—
Citation and commencement
1. These regulations may be cited as the Milk and Dairies (Semi-skimmed and Skimmed Milk) (Heat Treatment and Labelling) Regulations 1973, and shall come into operation on 18th July 1973.
Interpretation
2.—(1) In these regulations, unless the context otherwise requires—
"the Act" means the Food and Drugs Act 1955;
"atmospheric shade box" means a well ventilated box or cupboard so situated on the outside of a wall on the north side of a building or in a comparable position that it is at all times in the shade, such box or cupboard being not less than three feet above the ground at its lowest point and having inside it a maximum thermometer and a minimum thermometer of the meteorological type, accurate to within 0·2°C.;
"atmospheric shade temperature" means the temperature inside an atmospheric shade box;
"consumer" means any person to whom milk is supplied and who neither sells it nor uses it in the manufacture of milk products for sale;
"local authority" has the meaning assigned to it by section 85 of the Act;
(a) 4 & 5 Eliz. 2. c. 16.
(b) S.I. 1968/1699 (1968 III, p. 4585).
"milk" means cows' milk intended for sale or sold for human consumption, but does not include such milk intended for manufacture into products for sale for human consumption;
"milk processor" means any milk pasteuriser, milk steriliser or person treating milk by the ultra high temperature method;
"milk purveyor" includes any person who sells milk, whether wholesale or by retail;
"the Minister" means the Minister of Agriculture, Fisheries and Food;
"sample" means a sample procured by a person duly authorised in that behalf by a local authority;
"sell" includes offer or agree to sell or expose for sale; and "sold" shall be construed accordingly;
"semi-skimmed milk" means milk the fat content of which has been brought to at least 1·50 per cent. and at the most 1·80 per cent. calculated by weight;
"skimmed milk" means milk the fat content of which has been brought to not more than 0·30 per cent. calculated by weight.
(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 partially revoked were Acts of Parliament.
Heat treatment of semi-skimmed and skimmed milk
3.—(1) No person shall sell any semi-skimmed milk or skimmed milk unless the requirements specified in the following paragraph are satisfied:
Provided that this paragraph shall not apply where any such milk is sold to a milk processor for heat treatment in accordance with these regulations.
(2) The requirements to be satisfied are the general requirements of Schedule 1 to these regulations in connection with the heat treatment of semi-skimmed milk and skimmed milk and the special requirements of Part I, II or III of Schedule 2 to these regulations in relation to and in connection with such heat treatment by pasteurisation, sterilisation or the ultra high temperature method respectively:
Provided that where semi-skimmed or skimmed milk is brought from Scotland into England and Wales, the requirements of Schedules 1 and 2 to these regulations in relation to that milk shall, so far as they would relate to anything to be done before the milk enters England and Wales, be deemed to be satisfied if the corresponding requirements of any provisions made by statutory instrument by the Secretary of State and providing in Scotland for the heat treatment of semi-skimmed or skimmed milk are satisfied.
Labelling of semi-skimmed and skimmed milk containers
4. No person shall sell any semi-skimmed milk or skimmed milk, which has been subjected to heat treatment by pasteurisation, sterilisation or treatment by the ultra high temperature method, in a container unless that container is labelled in accordance with the requirements of Part I, II or III respectively of Schedule 4 to these regulations.
(a) 1889 c. 63.
Penalties and enforcement
5.—(1) If any person contravenes or fails to comply with any of the foregoing provisions of these regulations he shall be guilty of an offence and shall be liable to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding three months, or to both, and, in the case of a continuing offence, to a further fine not exceeding five pounds for each day during which the offence continues after conviction.
(2) Each local authority shall enforce and execute such provisions in their area.
(3) Every local authority shall 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.
Application of various sections of Act
6.—(1) Sections 108(3) (which relates to prosecutions), 110(1), (2) and (3) (which relate to evidence of analysis), 113 (which relates to a contravention due to some person other than the person charged), 115(2)(a) and (b) (which relate to the conditions under which a warranty may be pleaded as a defence) and 116 (which relates to offences in relation to warranties and certificates of analysis) 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 references to proceedings, or a prosecution as the case may be, taken or brought for an offence under these regulations.
(2) Paragraph (b) of the proviso to section 108(1) of the Act shall apply for the purposes of these regulations as if the reference therein to section 116 of the Act included a reference to that section as applied by these regulations.
Revocation
7. Regulation 29 of the Milk and Dairies (General) Regulations 1959(a) as amended (b), is hereby revoked.
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 15th June 1973.
Joseph Godber, Minister of Agriculture, Fisheries and Food.
(L.S.)
Keith Joseph, Secretary of State for Social Services.
5th June 1973.
(a) S.I. 1959/277 (1959 I, p. 1351).
(b) The amendment does not relate expressly to the subject matter of these regulations.
Regulation 3(2)
SCHEDULE 1
General requirements in connection with the heat treatment of semi-skimmed and skimmed milk
1. Every milk processor shall take such measures as are adequate to ensure that any semi-skimmed milk or skimmed milk which has been heat treated by pasteurisation, sterilisation or the ultra high temperature method shall be kept apart from all other milk at all times except when in separate sealed containers.
2. Every milk processor and every milk purveyor shall—
(a) keep accurate records of the quantities of the semi-skimmed milk and skimmed milk purchased and sold by him, as the case may be, and of the names and addresses of the persons from whom that milk was purchased and to whom it was sold otherwise than by retail;
(b) retain such records for a period of twelve months from the date of the transaction to which the record relates;
(c) permit any person duly authorised by the local authority—
(i) to inspect the arrangements and processes for the handling, treatment, storage and distribution of semi-skimmed milk and skimmed milk at any place at which the milk is in the possession of the milk processor or milk purveyor as the case may be;
(ii) to procure samples of the milk at any such place; and
(iii) to inspect any records which the milk processor or the milk purveyor as the case may be, is required to keep by these regulations.
Regulation 3(2)
SCHEDULE 2
Special requirements in relation to and in connection with the heat treatment of semi-skimmed milk and skimmed milk
PART I.—PASTEURISATION
1. The milk shall be pasteurised, that is to say,—
(a) retained at a temperature of not less than 62·8°C. and not more than 65·6°C. for at least thirty minutes and be immediately cooled to a temperature of not more than 10°C.; or
(b) retained at a temperature of not less than 71·7°C. for at least fifteen seconds and be immediately cooled to a temperature of not more than 10°C.
2. The whole of the apparatus in which the milk is pasteurised, including the cooler, shall be so constructed as to secure the protection of the milk from risk of atmospheric contamination by dust or otherwise.
3. Any apparatus in which the milk is to be heated to and maintained at a temperature of more than 65·6°C. shall be provided with a device which shall automatically divert the flow of any milk which is not raised to the authorised temperature:
Provided that this paragraph shall only apply when the milk is heated by a continuous-flow...
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