The Condensed Milk and Dried Milk (Scotland) Regulations 2003
| Jurisdiction | Scotland |
| Citation | SSI 2003/311 |
(1) These Regulations may be cited as the Condensed Milk and Dried Milk (Scotland) Regulations 2003 and shall come into force on 17th July 2003.(2) These Regulations shall extend to Scotland only.(1) In these Regulations–These Regulations apply to designated products intended for human consumption and ready for delivery to the ultimate consumer or to a catering establishment. such food is the designated product to which the reserved description relates; such description, derivative or word is used in such a context as to indicate explicitly or by clear implication that the substance to which it relates is only an ingredient of that food; or such description, derivative or word is used in such a context as to indicate explicitly or by clear implication that such food is not and does not contain a designated product. a reserved description of the product; except in the case of the products specified in paragraphs 1(d) and (g) and 2(d) of Schedule 1, the percentage of milk fat, expressed by weight in relation to the finished product; in the case of the products specified in paragraph 1(a) to (g) of Schedule 1 to these Regulations, the percentage of fat-free dried milk extract; in the case of the products specified in paragraph 2(a) to (d) of Schedule 1 to these Regulations, the recommendations as to the method of dilution or reconstitution and the details of the fat content of the product when diluted or reconstituted; and in the case of the products specified in paragraph 2(a) to (d) of Schedule 1 to these Regulations, that the product is “not intended as a food for infants under 12 months”. (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(2) The particulars which are required to appear on the label by virtue of regulation 5(b) and (c) of these Regulations shall appear near the name of the food.(3) Where designated products weighing less than 20 grams per unit are packed in an outer packaging, the particulars required by regulation 5(b) to (e) of these Regulations need appear on the outer packaging only.(1) Any person who contravenes or fails to comply with regulations 4, 5 or 6(2) of these Regulations shall be guilty of an offence.(2) A person found guilty of an offence under paragraph (1) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.(3) Each food authority shall enforce and execute these Regulations in its area.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . the food concerned was marked or labelled before 17th July 2004; and the matters constituting the alleged offence would not have constituted an offence under the Condensed Milk and Dried Milk (Scotland) Regulations 1977
section 2 (extended meaning of sale etc.) ;section 3 (presumptions that food intended for human consumption) ;section 20 (offences due to fault of another person) ;section 21 (defence of due diligence) as it applies for the purposes of sections 8, 14 or 15 of the Act;section 22 (defence of publication in the course of business) ;section 30(8) (which relates to documentary evidence) ;section 33 (obstruction etc. of officers) ;section 35(1) to (3) (punishment of offences) insofar as it relates to offences under section 33(1) or (2) as applied by sub-paragraph (g) above;section 36 (offences by bodies corporate) ;section 36A section 44 (protection of officers acting in good faith) .(2) Section 29 of the Act (procurement of samples) shall apply in relation to the sampling for analysis of designated products for the purposes of these Regulations with the modification that the powers of an authorised officer of an enforcement authority under that section and the duties of such an officer under any regulations made under the Act, shall be exercised and performed in accordance with the methods described in the Annex to Directive 87/524/EEC.in the Food and Drugs (Scotland) Act 1956 (Transfer of Enforcement Functions) Regulations 1983 in the Food (Revision of Penalties and Mode of Trial) (Scotland) Regulations 1985 in the Food Safety Act 1990 (Consequential Modifications) (Scotland) Order 1990 in the Food Safety (Exports) Regulations 1991 in the Food (Forces Exemptions) (Revocations) Regulations 1992 in the Miscellaneous Food Additives Regulations 1995 in the 1996 Regulations, in regulation 49(6) ; andin the Miscellaneous Food Additives (Amendment) Regulations 1999 (2) The Condensed Milk and Dried Milk (Scotland) Regulations 1977, the Condensed Milk and Dried Milk (Scotland) (Amendment) Regulations 1982 (3) In the Colours in Food Regulations 1995 (4) In the Miscellaneous Food Additives Regulations, in Schedule 7, in column 1, for “Partially dehydrated and dehydrated milk as defined in Directive 76/118/EEC” substitute “ Partially dehydrated and totally dehydrated milk as defined in Directive 2001/114/EC ” .
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