Explanatory note
(This note is not part of the Regulations)
These Regulations, which apply to Scotland only, re-enact with amendments the Importation of Milk (Scotland) Regulations 1983, as amended.
They make provision for the implementation of Council Directive No. 85/397/EEC on health and animal-health problems affecting intra-Community trade in heat-treated milk.
The principal changes are that—
subject to compliance with specified requirements—
pasteurised milk, cream and milk-based drink, and
milk in bulk as well as pre-packaged milk, may now be imported (regulation 4);
as from 1st January 1989, an importer whose importation of a consignment of milk is refused entry is permitted, in specified circumstances, to obtain the opinion of an expert (regulation 6 and Schedule 2, paragraph 4(4).
Consequentially, regulation 2(1) contains new definitions, in particular of “bulk milk”, “pre-packaged milk” and “specified drinking milk” . The last expression comprises semi-skimmed milk, skimmed milk and standardised whole milk, the categories of drinking milk permitted to be imported in closed containers by the Regulations of 1983.
The Regulations prohibit (regulation 3) the importation of milk, cream and milk-based drink into Scotland unless (regulation 4)-
it has been sterilised or pasteurised or heat-treated by the ultra high temperature method,
it comes from an EEC member state,
it is accompanied by an authorised certificate,
it is fit for human consumption,
it is imported through an authorised place of entry, and
it is imported, in the case of pasteurised milk, as pre-packaged milk or in a tanker which has been sealed by means of a watertight closure; in the case of sterilised milk, in the hermetically sealed container in which it was sterilised; and, in the case of milk which has been heat-treated by the ultra high temperature method, in the opaque containers in which it was packaged aseptically immediately after heat-treatment.
Details of authorised certificates and authorised places of entry must be published by notice in the Edinburgh Gazette (regulations 4 and 5), and there is provision (regulation 5) for importation of particular consignments, subject to written authorisation by the Secretary of State, through a place of entry not listed in such a notice.
Regulation 6 and Schedule 2 deal with the procedure for examination on importation under the supervision of authorised officers (that is to say officers authorised by local authorities (subject to the approval of the Secretary of State) or officers authorised directly by the Secretary of State). There is provision for reference of such an officer’s decision to a sheriff and, in the case of specified drinking milk or bulk milk, to obtain the opinion of an expert. An authorised officer’s powers of entry are set out in regulation 8.
Regulation 7 and Schedule 3 adapt existing legislation to imported milk. As a result of this adaptation—
permitted imported pre-packaged milk which is-
standardised whole milk having a fat content of not less than the specified guideline figure, is exempt from the requirements of being sold under a special designation licence (Schedule 3, paragraph 2(a)), and
milk-based drink, cream, semi-skimmed milk or skimmed milk, is exempt from domestic heat-treatment requirements (Schedule 3, paragraphs 2(b) and (c) and 4);
permitted imported bulk milk and cream may be domestically heat-treated to produce heat-treated cream (Schedule 3, paragraph 3(a)); and
permitted imported bulk milk and milk-based drink may be domestically heat-treated for use as milk-based drinks (Schedule 3, paragraph 3(b)).
Offences against these Regulations are punishable on summary conviction by a fine not exceeding £2,000 (regulation 10).