Regulation 3 Amendment of regulation 2D

For the heading to regulation 2D there shall be substituted the heading “Adulteration and offences relating to durability indications”

Immediately after paragraph (1) of regulation 2D there shall be added the following paragraphs:

“(1A)

No person shall sell to the ultimate consumer (as defined in Schedule 6) any milk after the date shown in a “use by” date (as referred to in that Schedule) relating to it.

(1B)

No person, being a person other than whichever of the producer, packer or seller established within the European Economic Community was originally responsible for so marking the milk, shall alter the indication of minimum durability or, as the case may be, the “use by” date relating to that milk.

(1C)

In any proceedings for an offence under paragraph (1B) above it shall be a defence for a person charged to prove that each alteration in respect of which the offence is alleged was effected under the written authorisation of a person capable of effecting that alteration without contravention of that provision.”.