Regulation 3 Amendment of the Importation of Milk Regulations 1988

in the definition of “authorised officer”, for the words “port health authority (or relevant local authority)” there shall be substituted the words “food authority”;

for the definition of “drinking milk” and the other definitions in the same sub-paragraph as that definition there shall be substituted the following definitions—

• ““drinking milk”, “semi-skimmed milk”, “skimmed milk”, “standardised whole milk” and “non-standardised whole milk” have the meanings respectively given to them by Council Regulation (EEC) No.1411/71 as amended^f2 laying down additional rules on the common market organisation in milk and milk products for drinking milk;”;

the definitions of “designated place”, “export”, “guideline figure”, “milk year”, “officer of Customs and Excise”, “place of entry”, “port health authority”, “port health district”, “separated” and “working day” shall be deleted;

in the definition of “milk” the words “and separated milk” shall be deleted;

in the definition of “specified drinking milk”, in sub-paragraph (c) all the words after “standardised whole milk” shall be deleted and after it there shall be inserted a new sub-paragraph “(d) non-standardised whole milk”;

for the definition of “the 1986 Regulations” there shall be substituted the following definition—

• ““the 1988 Regulations” means the Milk and Dairies (Semi-skimmed and Skimmed Milk) (Heat Treatment and Labelling) Regulations 1988^f3”;

there shall be inserted in the respective appropriate places the following definitions—

• ““raw milk” means milk which has not been heated beyond 40 degs C or undergone any treatment that has an equivalent effect and “raw” in relation to cream shall be construed accordingly

• “thermised milk” means raw milk which has been heated for at least 15 seconds at a temperature between 57 degs C and 68 degs C and after such treatment shows a positive reaction to the phosphatase test, as described in Part IV of Schedule 5 to the Milk (Special Designation) Regulations 1989^f4, and for the purposes of any such test milk shall be treated as showing a positive reaction if the sample of that milk taken for that test gives a reading of greater than 10 μg of p-nitrophenol/ml of milk;”.

in sub-paragraph (a) after the words “specified drinking milk,” there shall be inserted the words “raw milk, thermised milk,”;

in sub-paragraph (b) prior to the words “has been pasteurised,” there shall be inserted the words “unless it is raw milk, thermised milk or raw cream,”;

sub-paragraph (f) shall be deleted except for the word “and” at the end.

paragraph (1) shall be deleted;

for paragraph (2) there shall be substituted the following paragraph—

“(2)

The powers under these Regulations of an authorised officer of a food authority shall be exercisable only in relation to milk which is imported into England and Wales by entry into its area, or milk which is or has been in that area.”.

paragraph 3(a) shall be deleted;

in paragraph 4(a) and 4(b) after the words “as regards” in each place that they occur there shall be inserted the words “raw milk, thermised milk,”;

in paragraph 6(1), (2) and (3) for the words “the 1986 Regulations” in each place that they occur there shall be substituted the words “the 1988 Regulations”.