# The Milk (Special Designations) (Scotland) Order 1988, Note: Explanatory note


(This note is not part of the Order)
This Order re-enacts with modifications the Milk (Special Designations) (Scotland) Order 1980 (“the 1980 Order”), as amended, and makes provision for the implementation of Council Directive 85/397/EEC (OJ No. L226, 24.8.1985, p.13) on health and animal health problems affecting intra-Community trade in heat-treated milk.
The Order prescribes special designations (“Pasteurised”, “Sterilised” and “Ultra Heat Treated”) for use in relation to the sale of milk and makes provision for the grant, refusal, suspension and revocation of licences authorising such use.
In addition to drafting amendments, the Order makes the following changes of substance:—
(a) the time within which a person affected by a local authority’s proposal to suspend or revoke a licence or to refuse to grant a licence can exercise specified rights of making representations, appealing to the Secretary of State or requesting that the matter be referred to a tribunal has been extended from 14 days to 21 days (regulations 14 and 15);
(b) in addition to the requirement to keep records of the quantities of milk purchased and sold, the holder of the licence is required to keep records of milk delivered to or from the premises to which the licence applies, other than by way of purchase or sale (Schedule 1, paragraph 6);
(c) as pre-conditions for heat treatment of raw milk it is required that —
(i) over the preceding two months not less than two samples of the producer’s milk have been taken each month and have satisfied a prescribed average plate count;
(ii) in the case of raw milk not heat treated within 36 hours of arrival at the heat treatment establishment, steps have been taken to ensure a prescribed maximum plate count is not exceeded; and
(iii) the results of such plate counts are recorded (Schedule 1, paragraphs 12 and 13);
(d) in any proceedings for a breach of the pre-conditions referred to in paragraph (c) above, evidence of a sample taken or of a plate count carried out in accordance with Schedule 5 or Part I of Schedule 6, respectively, is to be preferred to evidence of a sample taken or of a plate count carried out by any other method (Schedule 1, paragraph 14);
(e) in specified circumstances, a sample of milk to be subjected to a plate count or coliform test is required to be transported at a prescribed temperature (Schedule 5, paragraph 4(3));
(f) a sample of milk taken in specified circumstances is required to satisfy a new plate count test (Schedule 2, Part I, paragraph A7, Schedule 3, Part I, paragraph 7, Schedule 4, Part I, paragraph A6 and Schedule 6, Part I);
(g) the provisions of the 1980 Order dealing with use of the special designations “Premium” and “Standard” have not been re-enacted, since all licences to use these special designations expired as at 31st July 1983.
Information as to British Standards referred to in this Order can be obtained by post from the British Standards Institution at Milton Keynes or from any of the Institution’s sales outlets.

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Source: https://www.legislation.gov.uk/uksi/1988/2191/note (the official version)
Page: https://openlegislation.uk/milk-special-designations-scotland-order-1988/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.