Regulation 2 Interpretation

In these Regulations, unless the context otherwise requires—

• “authorised officer” means an officer of any port health authority (or relevant local authority) which is approved for the time being for the purposes of these Regulations by the Minister, or any person authorised by the Minister to act for the purposes of these Regulations;

• “bulk milk” means milk other than specified drinking milk or cream;

• “consignment” means the total quantity of milk to which a single certificate, as described in regulation 4(1)(d), relates;

• “Council Directive” means Council Directive 85/397/EEC^f1 on health and animal health problems affecting intra-Community trade in heat-treated milk;

• “cream” has the meaning given to it in the Milk and Dairies (Heat Treatment of Cream) Regulations 1983^f2;

• “designated place” means any place designated by an authorised officer;

• “drinking milk”, “semi-skimmed milk”, “skimmed milk” and “standardised whole milk” have the meanings respectively given to them by Council Regulation (EEC) No. 1411/71^f3 laying down additional rules on the common organisation of the market in milk and milk products for products falling within tariff headingNo. 04.01;

• “export” means remove to a place outside the United Kingdom;

• “guideline figure” means the guideline figure as to fat content of standardised whole milk fixed by the Council of the European Economic Community in accordance with Article 3.7 of Council Regulation (EEC) No. 1411/71 in respect of the United Kingdom for each milk year;

• “human consumption”, except for the purposes of regulation 3(2), includes the preparation of food for human consumption;

• “importer”, in relation to imported milk, includes any person who, whether as owner, consignor, consignee, agent or broker, is in possession of the milk or in any way entitled to the custody or control of it, and “import” shall be construed accordingly;

• “milk” means cows' milk and includes cream and separated milk but not dried or condensed milk;

• “milk-based drink” has the meaning given to it in the Milk-based Drinks (Hygiene and Heat Treatment) Regulations 1983^f4;

• “milk year” means the year or other period for milk and milk products specified by the Council of the European Economic Community in Article 2 of Council Regulation (EEC) No. 804/68^f5 on the common organisation of the market in milk and milk products or otherwise^f6;

• “the Minister” means the Minister of Agriculture, Fisheries and Food;

• “officer of Customs and Excise” includes any person acting under the authority of the Commissioners of Customs and Excise;

• “place of entry” means a port, aerodrome or other place of entry;

• “port health authority” and “port health district” have the meanings respectively given to them in Part I of the Public Health (Control of Disease) Act 1984^f7;

• “pre-packaged milk” means specified drinking milk and any other milk ready for delivery to the ultimate consumer;

• “relevant local authority” means the council of any district or London borough or the Common Council of the City of London;

• “separated” in relation to milk, includes skimmed;

• “specified drinking milk” means the following categories of drinking milk:—

  1. (a)

     semi-skimmed milk,

  2. (b)

     skimmed milk,

  3. (c)

     standardised whole milk having a fat content of not less than the guideline figure fixed for the milk year during which such standardised whole milk is imported into England and Wales;

• “the 1986 Regulations” means the Milk and Dairies (Semi-skimmed and Skimmed Milk) (Heat Treatment and Labelling) Regulations 1986^f8;

• “ultimate consumer” means any person who buys milk otherwise than for the purposes of resale or use in the manufacture of milk products for sale;

• “working day” means a day which is not a public holiday, Saturday or Sunday.

For the purposes of these Regulations (other than the definitions of specified drinking milk and bulk milk), milk-based drink, but no other food containing milk shall be deemed to be milk.

Any reference in these Regulations to a numbered regulation or Schedule shall, unless the reference is to a regulation of, or Schedule to, specified Regulations, be construed as a reference to the regulation or Schedule so numbered in these Regulations.