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The Milk (Special Designations) (Scotland) Order 1988

S.I. 1988/2191 · Made 14 December 1988

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

FOOD

MILK AND DAIRIES

Made 14th December 1988

Laid before Parliament 19th December 1988

Coming into force 1st January 1989

The Secretary of State, in exercise of the powers conferred by sections 3, 6 and 14(a) of the Milk and Dairies (Amendment) Act 1922f1 and by sections 10 and 11 of the Milk (Special Designations) Act 1949f2, and now vested in himf3, and of all other powers enabling him in that behalf, after consultation with the Council on Tribunals in accordance with section 10 of the Tribunals and Inquiries Act 1971f4, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

1922 c. 54; section 3 was substituted by the Milk Act 1934 (c. 51), section 10, and amended by S.R. & O. 1939/782 and by the Milk (Special Designations) Act 1949 (c. 34), section 11(3).

f2

1949 c. 34; see section 14(1) for a relevant definition of “Milk (Special Designations) (Scotland) Orders”.

f3

By the Reorganisation of Offices (Scotland) Act 1928 (c. 34) and the Reorganisation of Offices (Scotland) Act 1939 (c. 20)

f4

1971 c. 62

Contents

  1. Part I: GENERAL
  2. 1Citation and commencement
  3. 2Interpretation
  4. Part II: LICENCES TO USE SPECIAL DESIGNATIONS
  5. 3Licences to use special designations
  6. 4Application for licence
  7. 5Dealer’s supplementary licence
  8. 6Power to refuse licence
  9. Part III: DURATION AND CONDITIONS OF LICENCES
  10. 7Duration of licences
  11. 8Duration of dealer’s supplementary licence
  12. 9Conditions applying to licences
  13. 10Special conditions applicable to certain licences
  14. Part IV: REFUSAL, SUSPENSION AND REVOCATION OF LICENCES AND APPEALS ARISING THEREFROM
  15. 11Power to revoke, suspend, or refuse to renew certain licences
  16. 12Power to revoke, suspend, or refuse to renew licences held by retailers for specified areas
  17. 13Defences against suspension, revocation, or refusal to renew licences
  18. 14Procedure as to suspension, revocation and refusal of licence
  19. 15Appeals
  20. Part V: MISCELLANEOUS PROVISIONS
  21. 16Provisions as to sampling and testing
  22. 17Designated milk from England, Wales and Northern Ireland
  23. 18Powers of local authorities as to supplementary licences
  24. 19Transitional provisions
  25. 20Revocations
  26. Signature
  27. Schedule 1: GENERAL CONDITIONS SUBJECT TO WHICH LICENCES ARE GRANTED
  28. 1Paragraph 1
  29. 2Paragraph 2
  30. 3Paragraph 3
  31. 4Paragraph 4
  32. 5Paragraph 5
  33. 6Paragraph 6
  34. 7Paragraph 7
  35. 8Paragraph 8
  36. 9Paragraph 9
  37. 11Paragraph 11
  38. 12Paragraph 12
  39. 13Paragraph 13
  40. 14Paragraph 14
  41. 15Paragraph 15
  42. Schedule 2: SPECIAL CONDITIONS SUBJECT TO WHICH LICENCES AUTHORISING THE USE, OF THE SPECIAL DESIGNATION “PASTEURISED” ARE GRANTED
  43. Part I: CONDITIONS APPLYING TO A PASTEURISER'S LICENCE
  44. Chapter A.: Conditions applicable when pasteurised milk is produced from raw milk or from bulk milk which has been heat treated for transport
  45. 1Paragraph 1
  46. 2Paragraph 2
  47. 3Paragraph 3
  48. 4Paragraph 4
  49. 5Paragraph 5
  50. 6Paragraph 6
  51. 7Paragraph 7
  52. Chapter B.: Additional conditions applicable when pasteurised milk is produced from bulk milk which has been heat treated for transport
  53. 8Paragraph 8
  54. Part II: CONDITIONS APPLYING TO A DEALER'S LICENCE AND A DEALER'S SUPPLEMENTARY LICENCE
  55. 1Paragraph 1
  56. 2Paragraph 2
  57. 3Paragraph 3
  58. 4Paragraph 4
  59. 5Paragraph 5
  60. Schedule 3: SPECIAL CONDITIONS SUBJECT TO WHICH LICENCES AUTHORISING THE USE OF THE SPECIAL DESIGNATION “STERILISED” ARE GRANTED
  61. Part I: CONDITIONS APPLYING TO A STERILISER'S LICENCE
  62. 1Paragraph 1
  63. 2Paragraph 2
  64. 3Paragraph 3
  65. 4Paragraph 4
  66. 5Paragraph 5
  67. 6Paragraph 6
  68. 7Paragraph 7
  69. Part II: CONDITIONS APPLYING TO A DEALER'S LICENCE AND A DEALER'S SUPPLEMENTARY LICENCE
  70. 1Paragraph 1
  71. 2Paragraph 2
  72. Schedule 4: SPECIAL CONDITIONS SUBJECT TO WHICH LICENCES AUTHORISING THE USE OF THE SPECIAL DESIGNATION “ULTRA HEAT TREATED” ARE GRANTED
  73. ICONDITIONS APPLYING TO A LICENCE TO TREAT MILK BY THE ULTRA HIGH TEMPERATURE METHOD
  74. 1Paragraph 1
  75. 2Paragraph 2
  76. 3Paragraph 3
  77. 4Paragraph 4
  78. 5Paragraph 5
  79. 6Paragraph 6
  80. Chapter B.: Additional conditions applicable when the treatment includes the direct application of steam
  81. 7Paragraph 7
  82. 8Paragraph 8
  83. 9Paragraph 9
  84. 10Paragraph 10
  85. 11Paragraph 11
  86. 12Paragraph 12
  87. 13Paragraph 13
  88. 14Paragraph 14
  89. 15Paragraph 15
  90. 16Paragraph 16
  91. Part II: CONDITIONS APPLYING TO A DEALER'S LICENCE AND A DEALER'S SUPPLEMENTARY LICENCE
  92. 1Paragraph 1
  93. 2Paragraph 2
  94. Schedule 5: PROVISIONS AS TO THE TAKING, IDENTIFICATION AND TRANSPORTATION OF SAMPLES
  95. 1Paragraph 1
  96. 2Paragraph 2
  97. 3Paragraph 3
  98. 4Paragraph 4
  99. Schedule 6: TESTING OF SAMPLES
  100. Part I: THE PLATE COUNT TEST FOR RAW MILK, BULK MILK HEAT TREATED FOR TRANSPORTATION, PASTEURISED MILK, STERILISED MILK AND ULTRA HEAT TREATED MILK
  101. 1General
  102. 2Treatment of sample before testing
  103. 3Culture medium
  104. 4Dilutions
  105. 5Technique of tests
  106. 6Examination of cultures
  107. 7General precautions
  108. Part II: THE COLIFORM TEST FOR PASTEURISED MILK
  109. 1General
  110. 2Treatment of sample before testing
  111. 3Culture medium
  112. 4Dilutions
  113. 5Technique of tests
  114. 6Examination of cultures
  115. 7Interpretation
  116. 8General precautions
  117. Part III: THE PHOSPHATASE TEST FOR PASTEURISED MILK
  118. 1Treatment of sample before testing
  119. 2Precautions
  120. 3Reagents
  121. 4Apparatus
  122. 5Care of apparatus
  123. 6Method of carrying out the test
  124. Part IV: THE TURBIDITY TEST FOR STERILISED MILK
  125. 1Treatment of sample before testing
  126. 2Reagent
  127. 3Apparatus
  128. 4Method of carrying out the test
  129. 5Control tubes
  130. Schedule 7: TRIBUNAL
  131. 1Constitution of tribunal
  132. 2Constitution of tribunal
  133. 3Procedure
  134. 4Procedure
  135. 5Procedure
  136. 6Procedure
  137. 7Procedure
  138. 8Procedure
  139. 9Procedure
  140. 1OProcedure
  141. 11Procedure
  142. 12Procedure
  143. 13Procedure
  144. 14Procedure
  145. Schedule 8FORMS OF LICENCES
  146. Schedule 9PERMITTED BOILER FEED WATER TREATMENT COMPOUNDS
  147. Schedule 10REVOCATIONS
  148. Explanatory note