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Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Regulations)

These Regulations, which apply to England and Wales, amend the Dairy Products (Hygiene) Regulations 1995 (“the principal Regulations”). These Regulations —

(a)

implement Article 2 of, as read with Annex B to, Commission Decision 95/165/EC establishing uniform criteria for the grant of derogations to certain establishments manufacturing milk-based products (regulations 3 and 5);

(b)

implement Commission Decision 95/340/EC drawing up a provisional list of third countries from which Member States authorise imports of milk and milk-based products and revoking Decision 94/70/EC, as amended by Commission Decision 96/106/EC, and as read with Articles 22 and 23(2)(a) of Council Directive 92/46/EEC laying down the health rules for the production and placing on the market of raw milk, heat-treated milk and milk-based products (OJ No. L268, 14.9.92, p.1) (regulations 3(a) and 8);

(c)

make some corrections to the principal Regulations to reflect provisions in Council Directive 92/46/EEC, as amended, relating to heat-treated drinking milk (regulation 10) and the health mark (regulation 12);

(d)

clarify the provisions in the principal Regulations relating to risk analysis principles (regulation 3(a)(v)), exemptions (regulation 4) and enforcement and supervision (regulation 6), make a few drafting amendments (regulations 7, 9, 11 and 13) and a consequential amendment (regulation 3(a)(iii)).

In addition, these Regulations amend the Food Safety (General Food Hygiene) Regulations 1995 so that those Regulations apply to a person carrying on the handling in or sale from any catering establishment or shop premises of ice-cream or heat-treated cream in England and Wales (regulation 14).