The Milk (Special Designation) Regulations 1989

Subject to the following provisions of this Schedule, the particulars with which containers of milk must be marked or labelled pursuant to paragraph C4(b) of Schedule 2, paragraph A6(3) of Part I of Schedule 4, paragraph A5 of Part II of Schedule 4 or paragraph A5(3) of Part III of Schedule 4 are—

• (a) the name of the milk;

• (b) an indication of minimum durability;

• (c) in the case of milk in relation to which the special designation “Untreated” is used, the name and address of the licensed producer and—

• (i) if the container is marked or labelled with the name of the licensed untreated milk distributor, the words “distributed by” immediately preceding that name,

• (ii) if the container is marked or labelled with the address (but not the name) of the licensed untreated milk distributor, the words “distributed from” immediately preceding that address;

• (d) in the case of milk in relation to which a special designation other than “Untreated” is used, the name or business name and an address or registered office of the producer or packer or of a seller established in the European Economic Community;

• (e) particulars of the place of origin or provenance of the milk if failure to give such particulars might mislead a purchaser to a material degree as to the true origin or provenance of the milk; and

• (f) in the case of milk in relation to which the special designation “Untreated” is used—

• (i) in respect of milk sold before 1 September 1990, the words “Raw Unpasteurised Milk” or “This Milk has not been heat treated and may therefore contain organisms harmful to health”; and

• (ii) in respect of milk sold after 31 August 1990, the words “This milk has not been heat treated and may therefore contain organisms harmful to health”.

Name of milk

2

• (1) The name of the milk shall be “Milk” qualified by the special designation in respect of which the licence is granted, except that the letters “U. H. T.” may be used instead of the special designation “Ultra Heat Treated”.

• (2) The name may be further qualified by other words which make it more precise, and any such other words may (but need not) appear between the special designation (or the letters “U.H.T.”) and the word “Milk”.

Indication of minimum durability

3

• (1) Subject to the sub-paragraphs below, the minimum durability of milk shall be indicated by—

• (a) the words “best before” followed by the date up to and including which the milk can reasonably be expected to retain its specific properties if properly stored, and

• (b) any storage conditions which need to be observed if the milk is to retain its specific properties until that date.

• (2) The date in the indication of minimum durability shall be expressed in terms of a day, month and year, in that order, except that—

• (a) in the case of milk which can reasonably be expected to retain its specific properties for three months or less, it may be expressed in terms of a day and month only, and

• (b) in the case of milk which can reasonably be expected to retain its specific properties for more than three months, it may be expressed in terms of a month and year only, if the words “best before” are replaced by the words “best before end”.

• (3) The date up to and including which milk can reasonably be expected to retain its specific properties if properly stored may appear on the labelling of the milk separately from the words “best before” or “best before end”, as the case may be, provided that those words are followed by a reference to the place where the date appears.

• (4) In the case of milk which is intended for consumption within six weeks of being packed, the minimum durability of the milk may be indicated by—

• (a) the words “sell by”—

• (i) followed (subject to sub-paragraph (5) below) by the latest recommended date of sale of the milk, expressed in terms of a day and month, and

• (ii) immediately preceded or immediately followed by an indication of the period from the date of purchase for which the milk can reasonably be expected to retain its specific properties if properly stored, and

• (b) any storage conditions which need to be observed if the milk is to retain its specific properties for the period referred to in paragraph (a)(ii) of this sub-paragraph.

• (5) Where the minimum durability of milk is indicated in the manner permitted by sub-paragraph (4) above, the latest recommended date of sale may appear on the labelling of the milk separately from the words “sell by”, provided that those words are followed by a reference to the place where the date appears.

Field of vision

4

• (1) Where a container of milk is required to be marked or labelled with an indication of minimum durability, that indication shall appear in the same field of vision as the particulars specified in paragraph 1(a) and, in the case of milk in relation to which the special designation “Untreated” is used, the particulars specified in paragraph 1(f) of this Schedule.

• (2) Where a container of milk is required by the Weights and Measures Act 1985[^f00008] or by any statutory instrument made thereunder to be marked or labelled with an indication of net quantity, that indication shall appear in the same field of vision as the particulars specified in paragraph 1(a) and, in the case of milk in relation to which the special designation “Untreated” is used, the particulars specified in paragraph 1(f) of this Schedule and, if the container is also required to be marked or labelled with an indication of minimum durability, in the same field of vision as the indication of minimum durability.

Manner of marking or labelling

5

• (1) The particulars with which containers of milk are required to be marked or labelled in accordance with this Schedule shall be easy to understand, clearly legible and indelible, and the said particulars shall be marked in a conspicuous place in such a way as to be easily visible.

• (2) The said particulars shall not in any way be hidden, obscured or interrupted by any other written or pictorial matter.

• (3) Where the container is a bottle, the said particulars may, subject to sub-paragraph (4) below, appear on the bottle cap.

• (4) The particulars specified in paragraph 1(f) of this Schedule shall appear in coloured lettering and, if the container is a bottle, shall appear elsewhere than on the cap.

Exemptions

6

• (1) Bottles intended for re-use need not be marked or labelled with any of the particulars specified in paragraph 1 of this Schedule except the particulars specified in paragraph 1(a), (e) and (f) and, in the case of milk in relation to which the special designation “Untreated” is used, the address of the licensed producer.

• (2) Any container of milk whose largest surface has an area of less than ten square centimetres need not be marked or labelled with any of the particulars specified in paragraph 1 of this Schedule except the particulars specified in paragraph 1(a), (b), (e) and (f) and, in the case of milk in relation to which the special designation “Untreated” is used, the address of the licensed producer.

• (3) The container of any milk which—

• (a) is sold at a catering establishment for immediate consumption there, and

• (b) is sold as one individual portion, and

• (c) is intended as an accompaniment to another food, need not be marked or labelled with any of the particulars specified in paragraph 1 of this Schedule except the particulars specified in paragraph 1(a) and (e).

• (4) The container of any milk which is pre-packed direct sale need not be marked or labelled with any of the particulars specified in paragraph 1 of this Schedule except the particulars specified in paragraph 1(a), (e) and

• (f) and, in the case of milk in relation to which the special designation “Untreated” is used, the address of the licensed producer.

Definitions

7

In this Schedule—

• “catering establishment” means a restaurant, canteen, club, public house, school, hospital or other establishment (including a vehicle or a fixed or mobile stall) where, in the course of a business, food is prepared for delivery to the ultimate consumer for immediate consumption;

• “pre-packed for direct sale”, in relation to milk, means put into containers on the premises where the milk is produced by the person owning or having control of the herd from which the milk is produced for sale by him on those premises or from a vehicle used by him; and

• “ultimate consumer” means any person who buys otherwise than— for the purpose of resale, for the purposes of a catering establishment, or for the purposes of a manufacturing business.

SCHEDULE 7 — FORMS OF LICENCES

FORM A

MILK (SPECIAL DESIGNATION) REGULATIONS 1989

PRODUCER'S LICENCE AUTHORISING THE USE OF THE SPECIAL DESIGNATION “UNTREATED”

FORM B

MILK (SPECIAL DESIGNATION) REGULATIONS 1989

UNTREATED MILK DISTRIBUTOR'S LICENCE AUTHORISING THE USE OF THE SPECIAL DESIGNATION “UNTREATED” FOR UNTREATED FARM BOTTLED MILK

FORM C

MILK (SPECIAL DESIGNATION) REGULATIONS 1989

DEALER'S (PASTEURISER'S) LICENCE AUTHORISING THE USE OF THE SPECIAL DESIGNATION “PASTEURISED”

FORM D

MILK (SPECIAL DESIGNATION) REGULATIONS 1989

DEALER'S (STERILISER'S) LICENCE AUTHORISING THE USE OF THE SPECIAL DESIGNATION “STERILISED”

FORM E

MILK (SPECIAL DESIGNATION) REGULATIONS 1989

DEALER'S (ULTRA HEAT TREATED) LICENCE AUTHORISING THE USE OF THE SPECIAL DESIGNATION “ULTRA HEAT TREATED

FORM F

MILK (SPECIAL DESIGNATION) REGULATIONS 1989

DEALER'S (PRE-PACKED MILK) LICENCE AUTHORISING THE USE OF THE SPECIAL DESIGNATION(S) (a) “PASTEURISED”(b) “STERILISED”(c) “ULTRA HEAT TREATED”*

SCHEDULE 8 — TRIBUNALS

PART I — CONSTITUTION

1

A tribunal shall consist of a chairman and two other members.

2

• (1) Where the issue referred to the tribunal is in respect of a producer’s licence—

• (a) the chairman shall be an independent person appointed by the Minister;

• (b) one member shall be—

• (i) in the case of a licence relating to milk produced in England, a person appointed by the Minister from a panel of persons nominated jointly by the Milk Marketing Board and the National Farmers' Union, and

• (ii) in the case of a licence relating to milk produced in Wales, a person appointed by the Minister from a panel of persons, each member of the panel being nominated either jointly by the Milk Marketing Board and the National Farmers' Union or jointly by the Milk Marketing Board and the Farmers' Union of Wales;

• (c) one member shall be a person appointed by the Minister as being representative of the consumers' interest.

• (2) Where the issue referred to the tribunal is in respect of a dealer’s licence or an untreated milk distributor’s licence—

• (a) the chairman shall be an independent person appointed by the Minister;

• (b) one member shall be a person appointed by the Minister as being representative of the milk distributive trade;

• (c) one member shall be a person appointed by the Minister as being representative of the consumers' interest.

• (3) Where the issue referred to the tribunal is in respect of a producer’s licence and there is outstanding a reference to a tribunal in respect of a dealer’s licence or an untreated milk distributor’s licence, or where the issue referred to the tribunal is in respect of a dealer’s licence or an untreated milk distributor’s licence and there is outstanding a reference to a tribunal in respect of a producer’s licence, and where both references relate to the same premises and the person or council affected is the same—

• (a) the chairman shall be an independent person appointed by the Minister;

• (b) one member shall be a person appointed by the Minister as being representative of producers and distributors of milk;

• (c) one member shall be a person appointed by the Minister as being representative of the consumer’s interest.

• (4) For the purposes of sub-paragraphs (1)(c), (2)(c), and (3)(c) of this paragraph, where the issue is in respect of a licence relating to premises in England, such appointment shall be made after consultation with the Secretary of State for Health.

3

• (1) A chairman shall hold office for three years, and a chairman whose term of office expires shall be eligible to be reappointed as chairman.

• (2) A chairman may resign his office by notice in writing served on the Minister.

• (3) If the Minister is satisfied that the chairman—

• (a) is incapacitated by infirmity of mind or body from discharging the duties of his office,

• (b) has been adjudged bankrupt, or

• (c) has made a composition or arrangement with his creditors, he may revoke the appointment of the chairman.

• (4) If the Minister is satisfied that the chairman is prevented by sickness or any other reason from acting on any reference to the tribunal, he may appoint an independent person to act in place of the chairman on that reference.

4

In this Part of this Schedule—

• “the Minister” means— where the issue referred to the tribunal is in respect of a licence relating to premises in England, the Minister of Agriculture, Fisheries and Food; where the issue referred to the tribunal is in respect of a licence relating to premises in Wales, the Secretary of State.

PART II — PROCEDURE

1

Where in accordance with these Regulations any issue as to the revocation or suspension of a licence or refusal of a grant of a licence by way of renewal of such licence is required to be referred to a tribunal by the Minister, he shall forthwith inform the chairman of the tribunal of the reference to the tribunal and of the name and address of the person or council affected. He shall send to the chairman and to the members of the tribunal copies of the notice of decision or proposed decision to refuse, suspend, or revoke the licence, as the case may be, and of any representations made by the person or council affected.

2

The chairman on being informed of the reference to the tribunal shall fix a convenient date and place for the hearing of the reference.

3

• (1) The person or council affected shall have the right to be heard by the tribunal by himself or by counsel or a solicitor or other representative as he or the council may elect.

• (2) The licensing authority or the Minister may be represented by any person instructed in that behalf.

4

• (1) At the hearing of the reference the tribunal shall give an opportunity to the person or council affected, or to the representative thereof, to address the tribunal and call witnesses. The representative of the licensing authority or the Minister may cross-examine the person affected, if he elects to give evidence, and any witnesses called by him or by the council affected.

• (2) The tribunal shall give the representative of the licensing authority or the Minister an opportunity to address the tribunal and to call witnesses. The person or council affected, or the representative thereof may cross-examine any witnesses called by another person.

5

The tribunal may, if they wish, visit and inspect any premises to which the reference relates.

6

• (1) It shall be the duty of the tribunal on any reference to report findings on any questions 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 45 of the Act, to find and report whether the breach was in fact committed.

• (2) The report of the tribunal, which shall be in writing, shall include the reasons for the findings and the chairman shall submit the report to the Minister without delay.

7

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 licensing authority.

8

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

9

In the event of a difference of opinion amongst the members of the tribunal, the determination of the majority of them shall be the determination of the tribunal.

10

The hearing shall be open to the public.

11

Save as in this Schedule expressly provided, the tribunal shall have power to regulate their own procedure.

Signed

In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 12th December 1989.

John Selwyn Gummer — Minister of Agriculture, Fisheries and Food

Kenneth Clarke — Secretary of State for Health — 18th December 1989

Peter Walker — Secretary of State for Wales — 12th December 1989

Explanatory note

(This note is not part of the Relations)

These Regulations re-enact with modifications the Milk (Special Designation) Regulations 1988, and provide 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 Regulations prescribe special designations (“Untreated”, “Pasteurised”, “Sterilised” and “Ultra Heat Treated”) for use in relation to the sale of milk and provide for the grant, refusal, suspension and revocation of licences authorising such use. In addition to drafting amendments, the Regulations make the following changes of substance:—

• (a) the notice to be displayed on farm premises where untreated milk is sold for consumption on the premises is “Milk supplied in this establishment has not been heat treated and may therefore contain organisms harmful to health” (Schedule 2, paragraph A5);

• (b) in relation to milk to which the designation “Untreated” is used, a sample taken in specified circumstances is required to satisfy a prescribed coliform test and a plate count test (Schedule 2, paragraph C3); in consequence, the methylene blue test prescribed by the 1988 Regulations has been omitted;

• (c) a sample of pasteurised milk taken in specified circumstances is required to satisfy a plate count test and a phosphatase test; the requirement under the 1988 Regulations for such sample to satisfy a methylene blue test has been omitted (Schedule 4, Part I, paragraph A5(2) and (3));

• (d) the requirement under the 1988 Regulations that an insulated container containing a sample of milk for transport to a testing laboratory shall not be artificially cooled, has been omitted (Schedule 5, Part I, paragraph 5);

• (e) the incubation periods and temperatures for plated samples of pasteurised milk to be submitted to a plate count test have been specified (Schedule 5, Part III, paragraph 3);

• (f) the words required to be stated on the label of a container of untreated milk, where the milk is sold before 1 September 1990, are “Raw Unpasteurised Milk” or “This milk has not been heat treated and may therefore contain organisms harmful to health” and, where the milk is sold after 3l August 1990, “This milk has not been heat treated and may therefore contain organisms harmful to health” (Schedule 6, paragraph 1 (f)).

These Regulations apply only to England and Wales. Information as to British Standards referred to in these Regulations can be obtained by post from the British Standards Institution at Milton Keynes or from any of the Institution’s sales outlets.

Footnotes

[^f00001]: 1984 c. 30; section 132(1) contains a definition of “the Ministers” relevant to the exercise of the statutory powers under which these Regulations are made.

[^f00002]: In the case of the Secretary of State for Health, by virtue of S.I. 1988/1843.

[^f00003]: 1971 c. 62.

[^f00004]: 1972 c. 70; the definition of “local authority” in section 270(1) was amended by the Local Government Act 1985 (c. 51), section 102(2) and Schedule 17.

[^f00005]: S.I. 1988/2204.

[^f00006]: S.I. 1959/277, amended by S.I. 1962/1288, 1973/1064, 1977/171, 1979/1567, 1982/1703 and 1985/68.

[^f00007]: S.I. 1988/1803.

[^f00008]: 1985 c. 72.