# The Food Safety Act 1990 (Consequential Modifications) (England and Wales) Order 1990, Article 11: Consequential modifications to the Milk and Dairies (General) Regulations 1959


(1) The Milk and Dairies (General) Regulations 1959 shall have effect subject to the following amendments.
(2) In regulation 2(1) there shall be inserted at the appropriate place the following definition—
““cream” means that part of the milk rich in fat which has been separated by skimming or otherwise;”.
(3) After regulation 2(2) there shall be inserted the following paragraph—
“(3) The provisions of these Regulations which apply in relation to cream, other than provisions relating to the registration of dairymen and dairies, shall also apply in relation to reconstituted cream, that is, a substance which, not being cream, resembles cream in appearance and contains no ingredient not derived from milk, except—
(a) water, or
(b) ingredients (not added fraudulently to increase bulk, weight or measure, or conceal inferior quality) which may lawfully be contained in a substance sold for human consumption as cream.”.
(4) In regulation 3 after the word “regulations” where it first appears, there shall be inserted the words “10A,”.
(5) After regulation 3 there shall be inserted the following regulation—
“3A It shall be the duty of the Ministers to enforce these Regulations except as provided in regulation 3 above.”.
(6) In regulation 5, paragraph (2) shall cease to have effect.
(7) In regulation 8(3) for the words “Part I of the Second Schedule to the Food and Drugs Act 1955” there shall be substituted the words “Part III of the Schedule”.
(8) After regulation 10 there shall be inserted the following regulation—
“Sale of milk from diseased cows
10A (1) A person is guilty of an offence who—
(a) sells, or offers or exposes for sale, for human consumption, or
(b) uses in the manufacture of products for sale for human consumption,
the milk of any cow which he knows or suspects is affected with tuberculosis of the udder or is giving tuberculous milk, or is affected with tuberculous emaciation, or is excreting or discharging tuberculous material, or is affected with a chronic cough and shows clinical signs of tuberculosis or any other disease of cows to which this regulation applies.
(2) In proceedings under this regulation, the defendant shall be deemed to have known that a cow had given tuberculous milk, or was suffering as mentioned above, if he could with ordinary care have ascertained the fact.
(3) The diseases of cows to which this regulation applies are—
Acute Mastitis
Actinomycosis of the udder
Suppuration of the udder
Any infection of the udder or teats which is likely to convey disease
Any comatose condition
Any septic condition of the uterus
Anthrax
Foot-and-mouth.”.
(9) For paragraph (7) of regulation 20 there shall be substituted the following paragraph—
“(7) Any disputed question as to the right or amount of any compensation payable under these Regulations shall be determined by arbitration.”.
(10) In the Schedule, for the title to Part I there shall be substituted the following title—
“Constitution of Tribunals”.
(11) In the Schedule after paragraph 12 there shall be added the following Part—
“PART III
REGISTRATION OF DAIRYMEN UNDER REGULATION 8
1 If it appears to an authority by whom dairymen are registered in pursuance of Milk and Dairies Regulations, other than the Minister, that the public health is, or is likely to be, endangered by any act or default of a person who has applied to be, or, is so registered by the authority, being an act or default, committed whether within or without the authority’s district, in relation to the quality, storage or distribution of milk, they may serve on him a notice—
(a) stating the place and time, not being less than 21 days after the date of the service of the notice, at which they propose to take the matter into consideration; and
(b) informing him that he may attend before them, with any witnesses whom he desires to call, at the place and time mentioned, to show cause why they should not, for reasons specified in the notice, refuse to register him or cancel his registration, as the case may be, either generally or in respect of any specified premises.
2 A person entitled under paragraph 1 of this Part to appear before any authority—
(a) may appear in person or by counsel or a solicitor or any other representative; or
(b) may be accompanied by any person he may wish to assist him in the proceedings.
3 If a person on whom a notice is served under paragraph 1 of this Part fails to show cause to the authority’s satisfaction, they may refuse to register him or may cancel his registration, as the case may be, and—
(a) shall forthwith give notice to him of their decision in the matter; and
(b) shall, if so required by him within 14 days from the date of their decision, give to him within 48 hours after receiving the requirement, a statement of the grounds of the decision.
4 A person aggrieved by the decision of an authority under this Part to refuse to register him, or to cancel his registration, may appeal to a magistrates' court.
5 The court before whom a person registered as a dairyman otherwise than by the Minister is convicted of an offence under any of the provisions of these Regulations, or under any other Milk and Dairies Regulations, may, in addition to any other punishment, cancel his registration as such.
6 An authority other than the Minister may require a person who applies to them for registration as a dairyman to give to them, before his application is considered, information as to whether he is, or has been, registered as a dairyman, whether by them or the Minister or some other authority, and if an applicant who is so required gives to the authority any information which is false in any material respect, he is guilty of an offence.
7 Where under this Part a person’s application for registration is refused, or his registration is cancelled, he shall not be liable for any breach of contract for the purchase of further supplies of milk from any person, if the refusal or cancellation was due to the quality of the milk supplied by that person.”.

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Source: https://www.legislation.gov.uk/uksi/1990/2486/article/11 (the official version)
Page: https://openlegislation.uk/food-safety-act-1990-consequential-modifications-england-and-wales-order-1990/article-11
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.