Explanatory note
(This note is not part of the Regulations)
These Regulations amend a number of Milk and Dairies Regulations in order to implement certain European Community requirements.
They provide for the implementation of Council Regulation (EEC) No 2138/92 amending Council Regulation (EEC) No 1411/71 as amended on the ending of the arrangements by which Member States have to choose between allowing the sale of standardised whole milk or non-standardised whole milk, but not both.
Under Article 3(1)(b) of Council Regulation (EEC) No 1411/71, as amended, “whole milk” means milk which has been subjected to at least one heat treatment or authorised treatment of equivalent effect by a milk producer and with respect to fat content meets one of the following requirements:—
standardised whole milk, ie milk with a fat content of at least 3.5%;
non-standardised whole milk, ie milk with a fat content that has not been adjusted since the milking stage either by the addition or removal of milk fats or by mixture with milk, the natural fat content of which has been altered. However, the fat content may not be less than 3.5%.
Under Article 3(2) of the Council Regulation (EEC) No 1411/71 as amended, in relation to the sale of whole milk, the name of the whole milk has to be followed by a further description to inform the purchaser whether the product has undergone the process of standardisation or not in all cases where omission of such information could create confusion in the mind of the purchaser.
To give effect to the above, the Regulations make the following principal changes—
restrictions on import and sale of standardised whole milk are removed from the Drinking Milk (Scotland) Regulation 1976 (regulation 3), the Importation of Milk (Scotland) Regulations 1988 (regulation 5), the Milk (Special Designations) (Scotland) Order 1988 (regulation 6), the Milk and Dairies (Scotland) Regulations 1990 (regulation 7) and the Milk Bottles (Labelling and Cap Colour) (Scotland) Order 1976 (regulation 2);
in relation to the sale of whole milk, provision is made for labelling in the Milk Labelling (Scotland) Regulations 1983 (regulation 4).
Provision is made in the Regulations for the implementation in part of Council Directive 89/662 as amended (O.J. No. L395 30.12.89, p.13) on veterinary checks in intra-Community trade by removing part of entry checks on imports of milk coming from other Member States in the Importation of Milk (Scotland) Regulations 1988 (regulation 5).
The Regulations also provide for the removal of the ban on imports of raw cow’s milk and thermised cow’s milk (milk subjected to heat treatment below pasteurisation temperature) coming from other Member States. Such milk will be permitted entry provided it is accompanied by a certificate indicating that it has met certain production requirements (regulation 5).