Milk (Special Designations) (Scotland) Order, 1951
| Jurisdiction | UK Non-devolved |
| Citation | SI 1951/644 |
1951 No. 644 (S. 31)
MILK AND DAIRIES, SCOTLAND
The Milk (Special Designations) (Scotland) Order, 195111thApril 1951
12thApril 1951
1stJune 1951
ARRANGEMENT OF ARTICLES
PART I—SHORT TITLE, INTERPRETATION, ETC.
1. Short title and commencement.
2. Interpretation and revocations.
PART II—LICENCES TO USE SPECIAL DESIGNATIONS
3. Licences to use special designations.
4. Certain licences to authorise the use of more than one special designation.
5. Application for licences.
6. Applications in respect of attested herds.
7. Applications in respect of non-attested herds.
8. Applications to use the special designation "Standard".
9. Granting of dealer's supplementary licence.
10. Power to refuse licences.
11. Last dates for certain applications for licences.
PART III—PERIOD FOR AND CONDITIONS SUBJECT TO WHICH LICENCES ARE TO BE GRANTED
12. Duration of licences.
13. Duration of dealer's supplementary licence.
14. Conditions applying to licences.
15. Special condition applicable to certain licences.
PART IV—REFUSAL, SUSPENSION AND REVOCATION OF LICENCES AND APPEALS ARISING THEREFROM
16. Power to revoke, suspend, or refuse to renew certain licences.
17. Power to revoke, suspend, or refuse to renew licences held by retailers for specified areas.
18. Defences against suspension, revocation, or refusal to renew licences.
19. Procedure as to suspension, revocation and refusal of licences.
20. Appeals.
PART V—MISCELLANEOUS PROVISIONS
21. Provisions as to sampling.
22. Designated milk from England and Wales.
23. Powers of local authorities as to supplementary licences.
24. Saving for licences granted under the Milk (Special Designations) (Scotland) Orders, 1936 to 1949.
ARRANGEMENT OF SCHEDULES
First Schedule—General conditions subject to which licences are granted.
Second Schedule—Special conditions subject to which licences to use the special designations "Certified", "Tuberculin Tested" or "Standard" are granted.
Third Schedule—Special conditions subject to which licences to use the special designations "Pasteurised", "Heat Treated" or "Sterilised" are granted.
Fourth Schedule—Provisions as to the taking, identification and transportation of samples.
Fifth Schedule—Provisions as to the testing of samples.
Sixth Schedule—Tribunals.
Seventh Schedule—Forms of licences.
In exercise of the powers conferred on me by section 3 of the Milk and Dairies (Amendment) Act, 1922(a), as enacted in section 10 of the Milk Act, 1934(b), and by sections 10 and 11 of the Milk (Special Designations) Act, 1949(c), and of all other powers enabling me in that behalf I hereby make the following order:—
PART I—INTERPRETATION, SHORT TITLE, ETC.
1. This Order may be cited as the Milk (Special Designations) (Scotland) Order, 1951, and shall come into operation on the first day of June, 1951.
2.—(1) In this Order unless the context otherwise requires—
"the Act of 1949" means the Milk (Special Designations) Act, 1949;
"attested herd" means a herd which is registered in the Register of Attested Herds kept in pursuance of a scheme for the time being in force under Section 3 of the Diseases of Animals Act, 1950(d), or which is kept in an area which is for the time being an eradication area or an attested area by virtue of an order made under Section 5 of that Act;
"bulk container" means any container, other than a retail container, which is of a type satisfactory to the Secretary of State;
"certificate of a tuberculin test" means a certificate in the form prescribed by the Minister of Agriculture and Fisheries and signed by a veterinary surgeon of the making by that surgeon 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;
(c) 12, 13 & 14 Geo. 6. c. 34.
(d) 14 Geo. 6. c. 36.
"dealer" means a person who carries on a business which consists in or comprises the selling of milk but does not include—
(a) a producer who sells the milk produced from the herd which he owns or controls by wholesale only and only at or from the premises where the herd is kept and who sells no other milk;
(b) a holder of a pasteuriser's licence who sells the milk pasteurised by him by wholesale only and only at or from the premises where the milk is pasteurised and who sells no other milk;
(c) a holder of a heat treater's licence who sells the milk heat treated by him by wholesale only and only at or from the premises where the milk is heat treated and who sells no other milk;
(d) a holder of a steriliser's licence who sells the milk sterilised by him by wholesale only and only at or from the premises where the milk is sterilised and who sells no other milk;
"dealer's licence" means a licence authorising a dealer to use a special designation in relation to milk sold by him;
"dealer's supplementary licence" means a licence granted to a dealer authorising the use by him of a special designation in relation to milk sold by him by retail in the area of a local authority other than the authority in whose area the premises from which the milk is sold are situated;
"examination" means a clinical examination of an animal made by a veterinary surgeon in such a manner as the Minister of Agriculture and Fisheries may direct;
"existing licence" means a licence which is in force when the holder thereof applies for a licence by way of renewal thereof;
"heat treater's licence" means a licence authorising the holder thereof to use the special designation "heat treated" in relation to milk heat treated by him in accordance with the provisions of Part II of the Third Schedule to this Order, and sold by him by wholesale at or from the premises where it is heat treated;
"herd" means the milk cows in respect of the milk of which any licence is applied for or has been granted and includes any other bovine animal for the time being kept in contact with such cows;
"large burgh" and "small burgh" have the like meanings as in the Local Government (Scotland) Act, 1947(a);
"licence" means a licence granted in accordance with the provisions of this Order;
"licence held by a retailer for a specified area" has the meaning assigned to it by subsection (2) of section 8 of the Act of 1949;
"local authority" means the council of a county or of a large burgh;
"milk" means cow's milk, but does not include cream or separated, skimmed, dried, condensed or evaporated milk or buttermilk;
"pasteuriser's licence" means a licence authorising the holder thereof to use the special designation "pasteurised" in relation to milk pasteurised by him in accordance with the provisions of Part I of the Third Schedule to this Order and sold by him by wholesale at or from the premises where it is pasteurised;
"producer" means a person owning or having control of a herd;
"producer's licence" means a licence authorising a producer to use a special designation in relation to milk produced from a herd owned or controlled by him and sold by him by wholesale at or from the premises where the herd is kept;
"raw milk" means milk which has not been treated by heat;
"retail container" means a bottle, or other container, which has a capacity of not more than one quart and is of a type satisfactory to the local authority;
"retailer for a specified area" means the holder of a licence to which section 8 of the Act of 1949 applies;
"sample" means a sample of milk taken, identified and transported in accordance with the provisions of the Fourth Schedule to this Order;
"sell" includes offer or agree to sell or expose for sale; and "sale" shall be construed accordingly;
"selling milk by retail" has the meaning assigned to it by sub-section (4) of section 1 of the Act of 1949; and "milk sold by retail" shall be construed accordingly;
"selling milk by wholesale" means selling milk otherwise than by retail; and "milk sold by wholesale" shall be construed accordingly;
"specified area" means an area in which subsection (1) of section 1 of the Act of 1949 is in operation;
"steriliser's licence" means a licence authorising the holder thereof to use the special designation "sterilised" in relation to milk sterilised by him in accordance with the provisions of Part III of the Third Schedule to this Order and sold by him by wholesale at or from the premises where it is sterilised;
"tuberculin test" means a tuberculin test of an animal made by a veterinary surgeon with such tuberculin and in such a 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; and
"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) A small burgh shall for the purposes of this Order be deemed to be included in the county in the area of which it is situated.
(3) For the purposes of this Order—
(a) the person having the right under a bowing contract to sell the milk produced from the herd to which the contract relates shall be deemed to be the person who owns or controls the herd;
(b) a person shall be deemed not to be selling milk otherwise than by wholesale if the only persons to whom he sells milk by retail are persons employed by him in or in connection with the production of such milk or employed by him otherwise in agriculture.
(4) References in this Order to any enactment, order, regulations, byelaw or scheme shall be construed as including references to that enactment, order, regulation, byelaw or scheme as amended by any subsequent enactment, order, regulation, byelaw or scheme.
(5) The Interpretation Act, 1889(a) applies to the interpretation of this Order as it...
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