Explanatory note

(This note is not part of the Regulations)

These Regulations (which apply to Scotland only) replace with amendments, provisions previously contained in the Milk and Dairies (Scotland) Act 1914 and the Milk and Dairies (Amendment) Act 1922. They revoke and replace with amendments the Milk and Dairies (Scotland) Order 1934 and the Bulk Transport of Milk (Scotland) Order 1976. They introduce a new system of licensing (regulation 3), instead of the previous system of registration. A dairyman will now be required to have his business licensed by the food authority, a food authority being an islands or district council. These Regulations do not apply to shops selling pre-packed milk and consequently regulation 2(1) contains a new definition of “dairy” which excludes shops.

In particular these Regulations prescribe:–

(a)

licences for persons proposing to carry on the business of a dairy (regulation 3);

(b)

inspections of dairies at least once every two years by food authorities (regulation 4);

(c)

structural conditions which dairies must comply with and provisions for the adequate and sufficient supply of wholesome water (regulations 5 and 6);

(d)

provisions to prevent milk being exposed to the risk of contamination during milking and afterwards (regulations 7 and 8);

(e)

a duty on dairymen not to sell contaminated milk and to notify infectious disease in any of their cows (regulation 9);

(f)

a duty on persons to notify the dairyman of infectious disease and provisions for medical certificates (regulation 10);

(g)

hygiene requirements for persons handling and distributing milk (regulation 11);

(h)

filtering and cooling of milk and the temperature at which milk is cooled and main tained after filtering, and storage of milk (regulations 12, 13 and 14);

(i)

provisions to prevent milk being exposed to the risk of contamination including requirements as to containers, plant, tankers and equipment (regulations 15 and 16);

(j)

conditions under which milk is conveyed (regulation 17);

(k)

a duty on dairymen and milk carriers to take steps to make the provisions of the Regulations known to their employees (regulation 18);

(l)

penalties for offences committed under regulations 3(7), 9(1) or (2) and 10(1) or (3) (regulation 19);

(m)

provide for the application of provisions of the Food Safety Act 1990 and for appeals against the revocation of or refusal to grant a licence (regulations 20 and 21 and Schedule 2).

These Regulations come into force on 1st January 1991, except for regulation 3(1) and (7) to allow opportunity to change to the new licensing system.