Explanatory note
(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 —
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);
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);
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);
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).