Milk-based Drinks (Hygiene and Heat Treatment) Regulations 1983
| Jurisdiction | UK Non-devolved |
| Citation | SI 1983/1508 |
| Year | 1983 |
1983 No. 1508
FOOD
The Milk-based Drinks (Hygiene and Heat Treatment) 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, 7, 13, 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-based Drinks (Hygiene and Heat Treatment) 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;
"container" includes a bottle;
"milk-based drink" has the meaning assigned to it by regulation 3;
"milk-based drink processor" means a person who subjects milk-based drinks to heat treatment and "the processing of milk-based drinks" shall be construed accordingly;
"sale" includes possession for sale, offer for sale and exposure for sale and "sell" shall be construed accordingly.
(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 7 was amended by the Weights and Measures Act 1963 (c.31), Schedule 9, Part II, section 13 was amended by the Slaughterhouses Act 1974 (c.3), Schedule 4, paragraph 1, section 87(3) was amended by the Weights and Measures Act 1963, Schedule 9, Part II, and section 123 was amended by the Weights and Measures Act 1963, Schedule 9, Part I, the Slaughterhouses Act 1974, 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.
(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).
Meaning of 'milk-based drink'
3.—(1)(a) In these regulations 'milk-based drink' means a liquid drink (other than a fermented drink) being a mixture comprising by weight at least 85% milk as specified in paragraph (1)(b) and comprising as to the remainder any of, or any mixture of, the ingredients listed in paragraph (2).
(b) The milk specified for the purposes of this paragraph is cows' milk (whether or not separated) but not cream separated from the milk, dried milk, condensed milk, evaporated milk or butter milk.
(2) The ingredients listed in this paragraph are—
(a) any substance, suitable for use as food and commonly used as food, which is wholly a natural product, whether or not that substance has been subjected to any process or treatment;
(b) flavouring;
(c) any permitted solvent as defined in the Solvents in Food Regulations 1967 (a);
(d) any permitted colouring matter as defined in the Colouring Matter in Food Regulations 1973 (b);
(e) any permitted emulsifier as defined in the Emulsifiers and Stabilisers in Food Regulations 1980(c);
(f) any permitted stabiliser as defined in the Emulsifiers and Stabilisers in Food Regulations 1980;
(g) any permitted miscellaneous additive as defined in the Miscellaneous Additives in Food Regulations 1980 (d);
(h) any permitted sweetener as defined in the Sweeteners in Food Regulations 1983 (e);
(i) starch (whether modified or not);
(j) salt;
(k) any vitamin preparation;
(l) any mineral preparation;
(m) water fit for human consumption and used in combination with any of the other ingredients listed in this paragraph.
Exemption
4. These regulations shall not apply to any food which is intended to be exported to any place outside the United Kingdom.
(a) S.I. 1967/1582, amended by S.I. 1967/1939, 1980/1832, 1982/1727, 1983/1211.
(b) S.I. 1973/1340, amended by S.I. 1974/1119, 1975/1488, 1976/2086, 1978/1787, 1979/1254, 1982/1727.
(c) S.I. 1980/1833, amended by S.I. 1982/16, 1727, 1983/1211.
(d) S.I. 1980/1834, amended by S.I. 1980/1849, 1982/14, 1727, 1983/1211.
(e) S.I. 1983/1211.
Restriction on use of certain words in labelling
5. No person shall sell or advertise any food (other than a milk-based drink) in the labelling of which the words 'milk-based drink' or 'milk drink' are used.
Application of Schedule 1
6. Schedule 1 shall apply (without prejudice to the application of the Food Hygiene (General) Regulations 1970 (a) in respect of the preparation, transport, storage, packaging, wrapping, exposure for sale, service and delivery of milk-based drinks intended for sale or sold for human consumption.
Heat treatment of milk-based drinks
7.—(1) Subject to regulation 8, no person shall sell any milk-based drink intended for human consumption unless the general requirements of Schedule 2 in connection with heat treatment of that milk-based drink and the special requirements of—
(a) Schedule 3, Part I, in connection with such heat treatment by pasteurisation, or
(b) Schedule 3, Part II, in connection with such heat treatment by sterilisation, or
(c) Schedule 3, Part III, in connection with such heat treatment by the ultra high temperature method—
are satisfied.
(2) The provisions as to sampling set out in Schedule 4, Part I, shall apply for the purposes of Schedule 3, the tests set out in Schedule 4, Parts II and III, shall apply for the purposes of Schedule 3, Part I, and the test set out in Schedule 4, Part IV, shall apply for the purposes of Schedule 3, Parts II and III.
Milk-based drink from Scotland and Northern Ireland
8.—(1) Where milk-based drink is brought into England and Wales from Scotland, the requirements of Schedule 2, paragraphs 2, 3 and 4, and of any Part of Schedule 3 shall, so far as they would relate to anything to be done before that milk-based drink 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 milk-based drink are satisfied.
(2) Where milk-based drink is brought into England and Wales from Northern Ireland—
(a) the requirements of Schedule 2, paragraphs 2, 3 and 4, and of Schedule 3, Part II or III, shall, so far as they would relate to anything to be done before that milk-based drink 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 milk-based drink are satisfied, and
(b) in cases of such deemed satisfaction of those requirements of these regulations, Schedule 2, paragraph 1, shall be deemed to be satisfied if the milk used to make that milk-based drink has been produced in Northern Ireland.
(a) S.I. 1970/1172.
Records
9. Every milk-based drink processor shall keep accurate records of—
(a) the quantities of milk purchased or produced by him for milk-based drink production and of milk-based drinks sold and delivered by him, and
(b) the names and addresses of the persons—
(i) from whom milk was purchased by him for milk-based drink production, and
(ii) to whom milk-based drinks were 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
10.—(1) If any person contravenes or fails to comply with any provision of these regulations, be 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—
(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.
Applications of various provisions of the Act
11.—(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...
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