The Milk (Special Designations) (Scotland) Order 1988

In respect of any reference, the tribunal shall report to the Secretary of State their findings on any question of fact appearing to them to be relevant, and in particular, where the issue is as to revocation or suspension on the ground of a breach of condition not being one by virtue of which the holder of the licence has been convicted of an offence under section 8 of the Milk (Special Designations) Act 1949, shall find and report whether the breach was in fact committed.

9

The tribunal may take notice of the circumstances existing at the date of the hearing where there has been any change of circumstances since the date of the notice issued by the local authority.

1O

The tribunal may adjourn the hearing if for any reason it appears to them necessary or desirable so to do.

11

In the event of a difference of opinion amongst the members of the tribunal, the decision of the majority of them shall become the finding of the tribunal.

12

The report of the tribunal shall be submitted in writing to the Secretary of State by the Chairman without delay and shall include the reasons for the finding.

13

The hearing shall be open to the public.

14

Subject to the provisions of this Schedule, the tribunal shall have power to regulate their own procedure.

SCHEDULE 8 — FORMS OF LICENCES

FORM A

PASTEURISER'S AND STERILISER'S LICENCES

The Milk (Special Designations) (Scotland) Order 1988

FORM B

LICENCE TO TREAT MILK BY THE ULTRA HIGH TEMPERATURE METHOD

The Milk (Special Designations) (Scotland) 1988

FORM C

DEALER'S LICENCES

The Milk (Special Designations) (Scotland) Order 1988

FORM D

The Milk (Special Designation) Order 1988

FORM E

DEALER'S SUPPLEMENTARY LICENCES

The Milk (Special Designations) (Scotland) 1988

SCHEDULE 9 — PERMITTED BOILER FEED WATER TREATMENT COMPOUNDS

• Potassium alginate

• Sodium alginate

• Potassium carbonate

• Sodium carbonate

• Sodium hydroxide

• Sodium dihydrogen orthophosphate

• di Sodium hydrogen orthophosphate

• tri Sodium orthophosphate

• penta Sodium triphosphate

• Sodium polyphosphates

• tetra Sodium diphosphate

• Sodium silicate

• Sodium metasilicate

• Sodium sulphate

• Magnesium sulphate

• Neutral or alkaline sodium sulphite

• Unmodified starch

• Sodium aluminate

• Polyoxyethylene glycol (minimum molecular weight 1,000).

SCHEDULE 10 — REVOCATIONS

Signed

Sanderson of Bowden — Minister of State, Scottish Office — 14th December 1988

Explanatory note

(This note is not part of the Order)

This Order re-enacts with modifications the Milk (Special Designations) (Scotland) Order 1980 (“the 1980 Order”), as amended, and makes provision for the implementation of Council Directive 85/397/EEC (OJ No. L226, 24.8.1985, p.13) on health and animal health problems affecting intra-Community trade in heat-treated milk.

The Order prescribes special designations (“Pasteurised”, “Sterilised” and “Ultra Heat Treated”) for use in relation to the sale of milk and makes provision for the grant, refusal, suspension and revocation of licences authorising such use.

In addition to drafting amendments, the Order makes the following changes of substance:—

• (a) the time within which a person affected by a local authority’s proposal to suspend or revoke a licence or to refuse to grant a licence can exercise specified rights of making representations, appealing to the Secretary of State or requesting that the matter be referred to a tribunal has been extended from 14 days to 21 days (regulations 14 and 15);

• (b) in addition to the requirement to keep records of the quantities of milk purchased and sold, the holder of the licence is required to keep records of milk delivered to or from the premises to which the licence applies, other than by way of purchase or sale (Schedule 1, paragraph 6);

• (c) as pre-conditions for heat treatment of raw milk it is required that —

• (i) over the preceding two months not less than two samples of the producer’s milk have been taken each month and have satisfied a prescribed average plate count;

• (ii) in the case of raw milk not heat treated within 36 hours of arrival at the heat treatment establishment, steps have been taken to ensure a prescribed maximum plate count is not exceeded; and

• (iii) the results of such plate counts are recorded (Schedule 1, paragraphs 12 and 13);

• (d) in any proceedings for a breach of the pre-conditions referred to in paragraph (c) above, evidence of a sample taken or of a plate count carried out in accordance with Schedule 5 or Part I of Schedule 6, respectively, is to be preferred to evidence of a sample taken or of a plate count carried out by any other method (Schedule 1, paragraph 14);

• (e) in specified circumstances, a sample of milk to be subjected to a plate count or coliform test is required to be transported at a prescribed temperature (Schedule 5, paragraph 4(3));

• (f) a sample of milk taken in specified circumstances is required to satisfy a new plate count test (Schedule 2, Part I, paragraph A7, Schedule 3, Part I, paragraph 7, Schedule 4, Part I, paragraph A6 and Schedule 6, Part I);

• (g) the provisions of the 1980 Order dealing with use of the special designations “Premium” and “Standard” have not been re-enacted, since all licences to use these special designations expired as at 31st July 1983.

Information as to British Standards referred to in this Order can be obtained by post from the British Standards Institution at Milton Keynes or from any of the Institution’s sales outlets.

Footnotes

[^f00001]: 1922 c. 54; section 3 was substituted by the Milk Act 1934 (c. 51), section 10, and amended by S.R. & O. 1939/782 and by the Milk (Special Designations) Act 1949 (c. 34), section 11(3).

[^f00002]: 1949 c. 34; see section 14(1) for a relevant definition of “Milk (Special Designations) (Scotland) Orders”.

[^f00003]: By the Reorganisation of Offices (Scotland) Act 1928 (c. 34) and the Reorganisation of Offices (Scotland) Act 1939 (c. 20)

[^f00004]: 1971 c. 62

[^f00005]: 1973 c. 65

[^f00006]: 1914 c. 46; 1922 c. 54: 1934 c. 51, 1949 c. 34

[^f00007]: S.I. 1980/1866, as amended by S.I. 1983/1527, 1986/788 and 1988/1816

[^f00008]: S.I. 1988/1814

[^f00009]: S.I. 1983/938, as amended by S.I. 1985/1068