# The Milk and Dairies (Scotland) Regulations 1990, Regulation 2: Interpretation and enforcement


(1) In these Regulations unless the context otherwise requires–
“the Act” means the Food Safety Act 1990;
“bactericidal agent” means a chemical agent capable of killing bacteria but not necessarily bacterial spores;
“byre” means any part of dairy premises used for the housing and milking of cows;
“catering establishment” means a restaurant, canteen, club, public house, school, hospital or other establishment (including a vehicle or a fixed or mobile stall) where, in the course of a business, food is prepared for delivery to the ultimate consumer for immediate consumption;
“container” means a tank, vessel or similar receptacle for containing milk in bulk and includes any ancillary equipment, whether removable or not, necessary for its proper functioning;
“contamination” includes contamination by odour and “contaminated” shall be construed accordingly;
“cow housing” means any part of dairy premises in which cows are housed;
“cream” means that part of the milk rich in fat which has been separated by skimming or otherwise, including 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 or butter;
“dairy” includes any farm, cow housing, byre, milking parlour, milking bail, milk room or other premises from which milk is produced or supplied for sale, or in which milk is kept or used for purposes of sale or for the purposes of manufacture into milk or milk products for sale, or in which containers or retail containers used for the sale of milk are kept, but does not include a shop from which milk is sold only in the properly closed and unopened retail containers in which it is delivered to the shop, or a shop, catering establishment or other place in which milk is sold for consumption on the premises only;
“dairy farm” means any dairy premises on which milk is produced from cows, but does not include any part of any such premises on which milk is manufactured into other products unless the milk produced on the premises forms a substantial part of the milk so manufactured;
“dairyman” means any person carrying on the business of a dairy;
“dairy premises” means any building or other premises required to be licensed under the provisions of these Regulations;
“food authority” means an islands or district council;
“human consumption” includes use in the preparation of food for human consumption;
“infectious disease” means any disease listed in Schedule 1 to the Public Health (Notification of Infectious Diseases) (Scotland) Regulations 1988;
“milk” means cows' milk intended for sale or sold for human consumption and includes cream, skimmed milk and separated milk;
“milk carrier” means any person engaged in the transport of milk for hire or reward;
“milk processor” means any dairyman who on dairy premises other than those on which it was produced subjects milk to heat treatment or uses it for the manufacture of milk or milk products;
“milk product” means any food intended for human consumption which consists mainly of milk or is derived from milk;
“milk room” means any part of dairy premises specifically used for the cooling, processing, handling and storage of milk or the manufacture of milk products;
“milk tanker” means a vehicle, including any unit of railway rolling stock, for conveying or consigning milk in bulk by road or rail to and from dairy premises and that by means of a single container incorporated in the vehicle or unit;
“milking bail” means a moveable structure specifically used for the milking of cows, but not their housing;
“milking parlour” means any part of dairy premises specifically used for the milking of cows, but not their housing, and includes the gathering area;
“retail container” means a container which has a capacity of not more than 5 litres;
“road” has the meaning assigned to it by section 151(1) of the Roads (Scotland) Act 1984;
“ultimate consumer” means any person who buys otherwise than–
(a) for the purpose of resale;
(b) for the purpose of a catering establishment; or
(c) for the purposes of a manufacturing business.
(2) Any reference in these Regulations to a numbered regulation shall, unless the context otherwise requires, be construed as a reference to the regulation bearing that number in these Regulations.
(3) Each food authority shall be the enforcement authority for the purposes of section 6(1) of the Act and shall execute and enforce these Regulations in its area.

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Source: https://www.legislation.gov.uk/uksi/1990/2507/regulation/2 (the official version)
Page: https://openlegislation.uk/milk-and-dairies-scotland-regulations-1990/regulation-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.