Milk (Special Designations) (Scotland) Order 1965
| Jurisdiction | UK Non-devolved |
| Citation | SI 1965/253 |
| Year | 1965 |
1965 No. 253 (S. 11)
FOOD AND DRUGS
The Milk (Special Designations) (Scotland) Order 196518thFebruary 1965
25thFebruary 1965
19thApril 1965
ARRANGEMENT OF ARTICLES
Part I—Short Title, Commencement, Interpretation and Revocation
1. Short title and commencement.
2. Interpretation and revocation.
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. Granting of dealer's supplementary licence.
7. Power to refuse licences.
Part III—Period for and Conditions Subject to Which Licences are to be Granted
8. Duration of licences.
9. Duration of dealer's supplementary licence.
10. Conditions applying to licences.
11. Special condition applicable to certain licences.
Part IV—Refusal, Suspension and Revocation of Licences and Appeals arising Therefrom
12. Power to revoke, suspend, or refuse to renew certain licences.
13. Power to revoke, suspend, or refuse to renew "Premium" licences.
14. Power to revoke, suspend, or refuse to renew licences held by retailers for specified areas.
15. Defences against suspension, revocation, or refusal to renew licences.
16. Procedure as to suspension, revocation and refusal of licences.
17. Appeals.
Part V—Miscellaneous Provisions
18. Provisions as to sampling.
19. Designated milk from England and Wales.
20. Powers of local authorities as to supplementary licences.
21. Saving for licences granted under the Milk (Special Designations) (Scotland) Orders 1951 and 1952.
ARRANGEMENT OF SCHEDULES
Schedule 1—General conditions subject to which licences are granted
Schedule 2—Special conditions subject to which licences to use the special
designations "Premium", "Certified", "Tuberculin Tested" and
"Standard" are granted
Schedule 3—Special conditions subject to which licences to use the special
designations "Pasteurised" or "Sterilised" are granted
Schedule 4—Provisions as to the taking, identification and transportation of
samples
Schedule 5—Provisions as to the testing of samples
Schedule 6—Tribunals.
Schedule 7—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 and after consultation with such organisations as appear to me to be representative of interests substantially affected by the order and with the Council on Tribunals in accordance with section 8 of the Tribunals and Inquiries Act 1958(d), I hereby make the following order:—
Part I—Short Title, Commencement, Interpretation and Revocation
1. This order may be cited as the Milk (Special Designations) (Scotland) Order 1965, and shall come into operation on 19th April 1965.
2.—(1) In this Order unless the context otherwise requires—
"the Act of 1949" means the Milk (Special Designations) Act 1949;
"approved bactericidal agent" means a chemical agent approved by the Secretary of State for Scotland;
"bulk container" means any container, other than a retail container, which is of a type approved by the Secretary of State;
"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" means a person who carries on a business which consists of 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;
(c) 12, 13 & 14 Geo. 6. c. 34.
(d) 6 & 7 Eliz. 2. c. 66.
(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 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;
"existing licence" means a licence which is in force when the holder thereof applies for a licence by way of renewal thereof;
"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;
"milk tank" means a refrigerated or insulated container in which milk is stored temporarily at a temperature below 45°F on the producer's premises and includes any attachments to the container necessary for its proper functioning.
"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 Schedule 3 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;
"retail container" means a bottle or other container, which has a capacity of not more than one gallon and is of a type approved by 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 Schedule 4 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 sub-section (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 II of Schedule 3 to this Order and sold by him by wholesale at or from the premises where it is sterilised.
(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, regulation, 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 for the interpretation of this Order as it applies for the interpretation of an Act of Parliament.
(6) The Milk (Special Designations) (Scotland) Orders 1951 and 1952(b) are hereby revoked.
Part II—Licences to Use Special Designations
3.—(1) The special designations the use of which may be authorised by a licence granted in accordance with the provisions of this Order are "Premium", "Certified", "Standard", "Tuberculin Tested", "Pasteurised" and "Sterilised".
(2) Subject to the provisions of this Order a local authority shall on application being made to them in that behalf grant a licence to the applicant authorising him to use the special designation specified in the application; and such a licence shall be in the appropriate form specified in Schedule 7 to this Order or in a form substantially to the like effect.
(3) 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 and in the case of such milk sold by retail, only in relation to milk so sold within the area of the local authority granting the licence.
(4) The use of a special designation in relation to milk sold by retail shall be authorised only by a dealer's licence.
(a) 52 & 53 Vict. c. 63.
(b) S.I. 1951/644, 1952/2142 (1951 I, p. 1316; 1952 I, p. 1088).
4.—(1) Licences authorising the use of the special designations "Premium" and "Certified" shall entitle the holders of the licences to use the special designations "Standard" and "Tuberculin Tested" respectively in relation to the milk to which the licences apply.
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