Explanatory note
(This note is not part of the Regulations)
These Regulations, which apply to Scotland only, implement Council Directive No. 83/635/EEC (O.J. No. L357, 21.12.83, p.37) which amended for the second time Directive 76/118/EEC on the approximation of the laws of the Member States relating to certain partly or wholly dehydrated preserved milk for human consumption. For this purpose, they further amend the Condensed Milk and Dried Milk (Scotland) Regulations 1977 (“the principalRegulations”) by substituting for original regulations 5 and 6, new regulations 5, 5A, 6 and6A to make separate provision for retail and non-retail sales of condensed milk and dried milk products (regulation 2(a)). They also amend the Food Labelling (Scotland) Regulations 1984 so as to apply Part III of those Regulations, not only to products prepared for infant feeding and labelled accordingly, but also to products ready for delivery to the ultimate consumer (regulation 3).
In relation to retail sales, the requirements in new principal regulation 5 for labelling products with specified particulars, make the following changes of substance:–
for dried milk products, the drying process need no longer be declared;
the requirement to give a warning in respect of baby feeding, which expired on 31st December 1980, is reinstated for wholly skimmed products.
In relation to non-retail sales, new principal regulation 5A requires products to be labelled with a specified description and particulars of the Community manufacturer, packer or seller, the country of origin for imports to the Community, the date of manufacture or batch identification and, in the case of dried milk products containing permitted anti-caking agent, a declaration that they are for use in vending machines, where this is the intention.
The manner of marking or labelling is prescribed by new principal regulations 6 and 6A for retail sales and non-retail sales respectively.
These Regulations also amend principal regulation 9 to provide that only specified dried milk products which are instant preparations may contain lecithins E322 to the prescribed maximum percentage (regulation 2(b)).
The substantive changes made by regulations 2 and 3 come into force on 1st January 1988. Until then regulation 4 (which with regulation 1 comes into force on 16th February 1987) provides that an accused shall not be convicted of an offence against regulations 5 or 6 of the principal Regulations unless it is proved that his act would have constituted an offence against the respective substituted provisions had they then been in force.