Statutory Instrument 1988 No. 1814 (S.166)

The Importation of Milk (Scotland) Regulations 1988

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© Crown Copyright 1988

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1988 No. 1814 (S.166)

FOOD MILK AND DAIRIES

The Importation of Milk (Scotland) Regulations 1988

The Secretary of State, in exercise of the powers conferred on him by sections 1 and 2(2) and (4) of the Importation of Milk Act 1983(^[1]), and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Title, commencement and extent
    1.—(1)  These Regulations may be cited as the Importation of Milk (Scotland) Regulations 1988 and shall come into force on 16th November 1988.

    (2)  These Regulations shall extend to Scotland only.

Interpretation
    2.—(1)  In these Regulations, unless the context otherwise requires—"authorised officer" means any person authorised to act for the purposes of these Regulations by a local authority (subject to the approval for the time being of the Secretary of State) or any person authorised directly by the Secretary of State;
"bulk milk" means milk other than specified drinking milk or cream;
"consignment" means the total quantity of milk to which a single certificate (as described in regulation 4(d)) relates;
"Council Directive" means Council Directive 85/397/EEC(^[2]) on health and animal-health problems affecting intra-Community trade in heat-treated milk;
"cream" has the meaning given to it in the Cream (Heat Treatment) (Scotland) Regulations 1983(^[3]);
"designated place" means any place designated by an authorised officer;
"drinking milk", "semi-skimmed milk", "skimmed milk" and "standardised whole milk" have the meanings respectively assigned to them by Council Regulation (EEC) No. 1411/71(^[4]) laying down additional rules on the common organisation of the market in milk and milk products for products falling within tariff heading No. 04.01;
"export" means remove to a place outside the United Kingdom;
"guideline figure" means the guideline figure as to fat content of standardised whole milk fixed by the Council of the European Economic Community in accordance with Article 3(7) of Council Regulation (EEC) No. 1411/71 in respect of the United Kingdom for each milk year;
"human consumption", except for the purposes of regulation 3(2), includes the preparation of food for human consumption;
"importer", in relation to imported milk, includes any person who, whether as owner, consignor, consignee, agent or broker, is in possession of such milk or in any way entitled to the custody or control of it, and "import" shall be construed accordingly;
"local authority" means an islands or district council;
"milk" means cows' milk and includes cream and separated milk, but not dried or condensed milk;
"milk-based drink" has the meaning given to it in the Milk-based Drinks (Scotland) Regulations 1983(^[5]);
"milk year" means the year or other period for milk and milk products specified by the Council of the European Economic Community in Article 2 of Council Regulation (EEC) No. 804/68(^[6]) on the common organisation of the market in milk and milk products or otherwise(^[7]);
"officer of Customs and Excise" includes any person acting under the authority of the Commissioners of Customs and Excise;
"place of entry" means a port, aerodrome or other place of entry;
"pre-packaged milk" means specified drinking milk and any other milk ready for delivery to the ultimate consumer;
"separated", in relation to milk, includes skimmed;
"specified drinking milk" means the following categories of drinking milk:—
 (a) semi-skimmed milk;
 (b) skimmed milk;
 (c) standardised whole milk having a fat content of not less than the guideline figure fixed for the milk year during which such standardised whole milk is imported into Scotland;
"ultimate consumer" means any person who buys milk otherwise than for the purposes of resale or use in the manufacture of milk products for sale;
"working day" means a day which is not a public holiday, Saturday or Sunday.

    (2)  For the purposes of these Regulations (other than the definitions of specified drinking milk and bulk milk), milk-based drink, but no other food containing milk, shall be deemed to be milk.

    (3)  Any reference in these Regulations to a numbered regulation or Schedule shall, unless the reference is to a regulation of, or Schedule to, specified Regulations, be construed as a reference to the regulation or Schedule so numbered in these Regulations.

Prohibition on importation
    3.—(1)  Subject to regulation 4, no person shall import into Scotland milk intended by him for human consumption.

    (2)  For the purposes of these Regulations milk imported into Scotland shall be presumed, until the contrary is proved, to be intended by the importer for human consumption.

Exceptions to prohibition on importation
    4.    The prohibition on importation in regulation 3 shall not apply in respect of milk imported into Scotland which—
 (a) is specified drinking milk, cream, milk-based drink or bulk milk;
 (b) has been pasteurised, sterilised or heat-treated by the ultra high temperature method as specified in Schedule 1;
 (c) has been produced in, and is imported from, a member state of the European Economic Community;
 (d) is accompanied by, and complies with, such certificate as the Secretary of State may from time to time require by notice published in the Edinburgh Gazette in relation to milk in general or milk of such description as may be specified in the notice;
 (e) is neither milk which is unfit for human consumption nor milk which has been rendered injurious to human health by addition of any substance as a n ingredient, by abstraction of any constituent or by subjection to any other process or treatment (and in determining for the purposes of this paragraph whether particular milk is injurious to human health, regard shall be had not only to the probable effect of that particular milk on the health of a person consuming it, but also to the probable cumulative effect of milk of substantially the same composition on the health of a person consuming such milk in ordinary quantities);
 (f) is imported through an authorised place of entry; and (g) (i) in the case of pasteurised milk, is imported as pre-packaged milk or in a tanker which has been sealed by means of a watertight closure;
 (ii) in the case of sterilised milk, is imported in the hermetically sealed container in which it was sterilised;
 (iii) in the case of milk which has been heat-treated by the ultra high temperature method, is imported in the opaque containers in which it was packaged aseptically immediately after heat-treatment.

Authorised places of entry
    5.—(1)  The Secretary of State may by notice published in the Edinburgh Gazette designate a place of entry as an authorised place of entry, either— (a) generally, or
 (b) specially, in relation to a description of milk specified in the notice.

    (2)  The Secretary of State may also, by authorisation in writing, designate a place of entry as an authorised place of entry for any consignment of milk specified in the authorisation.

Importation procedure
    6.—(1)  No person shall import any milk into Scotland except in accordance with the procedure set out in Schedule 2.

    (2)  If any person imports any milk into Scotland otherwise than in accordance with the procedure set out in Schedule 2, an authorised officer may cause that milk to be destroyed or disposed of by such means and in such manner as to prevent it from being used for human consumption in the United Kingdom.

Application of other enactments in relation to imported milk
    7.    In relation to imported milk, the provisions referred to in Schedule 3 shall be applied or disapplied (as the case may be) in the manner prescribed in that Schedule.

Powers of authorised officers
    8.    An authorised officer may, on production if so required of his authority, enter and remain on any premises (other than domestic premises) upon which he reasonably believes imported milk to be situated, at all reasonable hours for any purpose connected with the execution of these Regulations.

Duties of authorised officers
    9.—(1)  In carrying out any examination under paragraph 2 or 3 of Schedule 2, the authorised officer shall take all reasonable steps—
 (a) to ensure that the transport of the consignment and its placing on the market is not unduly delayed; and
 (b) to avoid causing any delays that might adversely affect the quality of the milk in the consignment.

    (2)  Where notice is given to an importer under paragraph 3(2) of Schedule 2 requiring the destruction or disposal of a consignment, the authorised officer shall make an endorsement on the certificate accompanying the consignment as required by regulation 4(d), so as to indicate clearly the requirement under the notice.

    (3)  An endorsement made under paragraph (2) above may at any time be deleted or amended by an authorised officer and it shall be so deleted if the notice is rescinded under paragraph 4(8)(b) of Schedule 2, or if a sheriff makes an order under paragraph 5(b) of Schedule 2 that the notice shall no longer have effect.

    (4)  Where notice is given to an importer of specified drinking milk or bulk milk under paragraph 2(2) or 3(2) of Schedule 2 as a result of a finding of any matter referred to in Article 7(5)(b) of the Council Directive (diagnosis of a contagious or infectious disease, or a deterioration dangerous to human or animal health, or a serious infringement of the Council Directive), the authorised officer shall immediately notify the Secretary of State of such finding.

Offences
    10.—(1)  Any person who—
 (a) imports milk in contravention of any requirement imposed by or under these Regulations;
 (b) where milk is required by or under these Regulations to be dealt with by him, does not deal with that milk in accordance with that requirement; or
 (c) in connection with the importation of milk, makes a statement or uses a document which he knows to be false in a material particular or recklessly makes a statement or uses a document which is false in a material particular; shall be guilty of an offence and liable on summary conviction to a fine not exceeding £2,000.

    (2)  In any proceedings for an offence under these Regulations where that offence comprises the importation of milk which is unfit for human consumption, it shall be a defence for the accused to prove that at the time when he imported the milk he did not know, and could not with reasonable diligence have ascertained, that it was unfit for human consumption.

    (3)  A prosecution may be brought under this regulation notwithstanding that action under regulation 6(2) or Schedule 2 may have been, or remains to be, taken in relation to the milk to which the prosecution relates.

Revocations
    11.    The Importation of Milk (Scotland) Regulations 1983(^[8]), the Importation of Milk (Scotland) Amendment Regulations 1985(^[9]) and the Importation of Milk (Scotland) Amendment (No. 2) Regulations 1985(^[10]) are hereby revoked.

Sanderson of Bowden

Minister of State, Scottish Office
St Andrew's House, Edinburgh

13th October 1988

[1] 1983 c. 37; section 2(2) contains a definition of "appropriate Minister" relevant to the exercise of the statutory powers under which these Regulations are made. back

[2] O.J. No. L226, 24.8.85, p.13. back

[3] S.I. 1983/1515, amended by S.I. 1985/1068 and 1222, and 1986/789 back

[4] O.J. No. L148, 3.7.71, p.4 (O.J./S.E. 1971 (II) p.412); relevant amending instrument is Council Regulation (EEC) No. 566/76 (O.J. No. L67, 15.3.76, p.23; corrigendum at O.J. No. L107, 24.4.76, p.22). back

[5] S.I. 1983/1514, amended by S.I. 1985/1068 and 1986/790 back

[6] O.J. No. L148, 28.6.68, p.13; Article 2 specifies that the milk year shall begin on 1st April and end on 31st March of the following year. back

[7] Council Regulation (EEC) No. 1060/88 (O.J. No. L104, 23.4.88, p.5) extending for the second time the 1987/88 marketing year in the milk and beef and veal sectors specifies that the 1988/89 milk year begins on 1st June 1988. back

[8] S.I. 1983/1545 back

[9] S.I. 1985/1167 back

[10] S.I. 1985/1324 back

Explanatory Note