Milk (Special Designation) (Raw Milk) Regulations, 1949
| Jurisdiction | UK Non-devolved |
| Citation | SI 1949/1590 |
| Year | 1949 |
1949 No. 1590
FOOD AND DRUGS
The Milk (Special Designation) (Raw Milk) Regulations, 194925thAugust 1949
25thAugust 1949
1stOctober 1949
The Minister of Health, the Minister of Agriculture and Fisheries and the Minister of Food acting jointly in exercise of the powers conferred on them by sections 21 and 92 of the Food and Drugs Act, 1938(a), as amended by
(a) 1 & 2 Geo. 6. c. 56.
the Food and Drugs (Milk and Dairies) Act, 1944(a), by the Transfer of Functions (Food and Drugs) Order, 1948(b), by the Milk (Special Designations) Act, 1949(c), and of all other powers enabling them in that behalf, hereby make the following regulations:—
PART I
Short Title, Commencement, Interpretation and Revocation of Regulations
1. These regulations may be cited as the Milk (Special Designation) (Raw Milk) Regulations, 1949, and shall come into operation on the first day of October, 1949.
2.—(1) In these regulations, unless the context otherwise requires—
"attested herd" means a herd on the Register of Attested Herds kept in pursuance of a scheme for the time being in force under section 20 of the Agriculture Act, 1937;
"certificate of a tuberculin test" means a certificate, in the form directed by the Minister of Agriculture and Fisheries and signed by a veterinary surgeon, of the making by him of a tuberculin test of an animal and of the result thereof;
"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;
"dealer's licence" means a licence, including a supplementary licence, granted to any person to use a special designation in relation to milk sold by him and produced from a herd not in his ownership or control or to any person owning or controlling a herd to use a special designation in relation to milk sold by him at or from premises other than those at which the herd is maintained and "licensed dealer" means any person to whom a dealer's licence has been granted;
"examination" means a clinical examination of an animal made by a veterinary surgeon in such manner as the Minister of Agriculture and Fisheries may direct;
"herd" means the milch cows in respect of whose milk any licence is applied for or granted, as the case may be, and includes any other bovine animal for the time being kept in contact with such cows;
"licence" means a licence under these regulations;
"licence held by a retailer for a specified area" means a licence authorising the use of a special designation held by a person carrying on a business which includes any sales which are sales for the purpose of which the use of a special designation is obligatory by virtue of the Milk (Special Designations) Act, 1949, and are of milk in relation to which that licence authorises the use of a special designation;
"licensing authority" means in relation to any application for the grant of a licence, the authority which has power under these regulations to grant the licence, and in relation to any licence which has already been granted, means the authority which would for the time being have power by virtue of these regulations to grant a licence by way of renewal thereof if it had expired; and "licensing area" means the area of such licensing authority;
(a) 7 & 8 Geo. 6. c. 29.
(b) S.I. 1948 (No. 107) I, p. 1966.
(c) 12, 13 & 14 Geo. 6. c. 34.
"milch cow" means a cow kept for milking purposes;
"milk" means raw milk and "raw milk" means cows' milk which has not been treated by heat but does not include cream or separated, skimmed, dried, condensed or evaporated milk or buttermilk;
"producer's licence" means a licence granted to any person owning or having control of a herd to use a special designation in relation to milk produced from that herd and sold by him at or from the premises where the herd is maintained and "licensed producer" means any person to whom such a licence has been granted;
"sample" means a sample taken by a person duly authorised in that behalf by the licensing authority;
"sell" includes offer or agree to sell or expose for sale and "sale" shall be construed accordingly;
"selling" means selling in the course of a business, and includes, in relation to milk, supplying it under arrangements for free supply or in the course of any business otherwise than under such arrangements, and references to sales and contracts of sale shall be construed accordingly;
"selling milk by retail" means selling it—
(a) to any person other than a milk dealer (that is to say a person who carries on a business which consists in or comprises the selling of milk) or a manufacturer of milk products (that is to say, a person who carries on a business which consists in or comprises the making of things made from milk or of which milk is an ingredient); or
(b) to such a dealer or manufacturer otherwise than for the purposes of his business as such;
"selling milk by wholesale" means selling milk otherwise than by retail;
"specified area" means an area in which subsection (1) of section 1 of the Milk (Special Designations) Act, 1949, is in operation;
"supplementary licence" means a licence authorising the use of a special designation by a licensed dealer in relation to milk sold by retail in a licensing area other than that in which the premises from which it is sold are situated;
"tuberculin test" means a tuberculin test of an animal made by a veterinary surgeon with such tuberculin and in such manner as the Minister of Agriculture and Fisheries may direct;
"veterinary inspector" means a veterinary inspector appointed by the Minister of Agriculture and Fisheries;
"veterinary surgeon" means a person registered in the Register of Veterinary Surgeons;
"veterinary surgeon's certificate" means a certificate, in the form prescribed by the Minister of Agriculture and Fisheries and signed by a veterinary surgeon, of the making of an examination by him and of the result thereof.
(2) The Interpretation Act, 1889(a), applies to the interpretation of these regulations as it applies to the interpretation of an Act of Parliament.
3. The Milk (Special Designations) Regulations, 1936 to 1948(b), in so far as they relate to raw milk, are hereby revoked.
PART II
General provisions as to licences
4.—(1) Any person who intends to use in relation to milk a special designation authorised by these regulations shall apply in accordance with the provisions of these regulations to the licensing authority for a licence to use such special designation.
(2) The special designations authorised by these regulations which may be used in relation to milk are "Tuberculin Tested" and "Accredited".
5. A licensing authority may refuse to grant a licence if it is not satisfied that the applicant's arrangements for the production, handling, storage, treatment and distribution of milk, as the case may be, are such as to comply with all relevant provisions contained in any Milk and Dairies Regulations and Milk (Special Designation) Regulations, including these regulations.
6.—(1) Every licence granted under these regulations shall be subject to the general conditions set out in the First Schedule to these regulations, and to such of the special conditions set out in Parts I and II of the Second Schedule to these regulations as are applicable thereto.
(2) Every licence granted under these regulations shall be in the form contained in the Fifth Schedule hereto or in a form substantially to the like effect.
7.—(1) A licence shall authorise the use of a special designation only in relation to milk sold at or from the premises mentioned in the licence.
(2) Subject to the restrictions on the use of the special designation "Accredited" imposed by subsection (2) of section 4 of the Milk (Special Designations) Act, 1949, a licence authorising a person to use the special designation "Tuberculin Tested" shall entitle him to use the special designation "Accredited" in relation to the milk to which that licence applies for the period of five years from the commencement of these regulations or for such shorter period as the licence may be in force.
PART III
Provisions relating to the granting of producers' licences
8.—(1) Subject to the provisions of these regulations all producers' licences granted under these regulations shall be granted by the Minister of Agriculture and Fisheries and applications for producers' licences shall be made in writing to the Minister of Agriculture and Fisheries.
(2) Subject to the provisions of these regulations, application may be made by a producer for the granting of separate producers' licences as regards the use of a special designation for the purposes respectively of selling by
(a) 52 & 53 Vict. c. 63.
(b) S.R. & O. 1936 (No. 356) I, p. 1819; 1938 (No. 218) II, p. 2163; P.R. & O. dated 9th July, 1941; S.R. & O. 1942 (No. 771) I, p. 568; 1943 (No. 1645) I, p. 287; 1946 (No. 10) I, p. 1001; and S.I. 1948 (No. 1117) I, p. 1224.
wholesale or selling by retail. Any such separate licences may be granted subject to conditions limiting for the purpose of sale the use of any special designation to such district and to such sales as may be specified in the licence.
(3) Subject to the provisions of these regulations, all producers' licences granted on or after the commencement of these regulations to use the special designation "Tuberculin Tested" in relation to milk produced from an attested herd shall be for the period of five years from the date on which the licence is granted. Any such licence unless previously revoked may on application by the licensed producer be renewed from time to time by the Minister of Agriculture and Fisheries for a similar period.
(4) Subject to the provisions of these regulations all producers' licences granted in respect of an application received before 1st October, 1951, to use the special designation "Tuberculin Tested" in relation to milk produced from a herd not being an attested herd, shall be granted for a period of five years and shall not thereafter be...
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