The Milk and Dairies (Semi-skimmed and Skimmed Milk) (Heat Treatment and Labelling) Regulations 1988

• Citation: S.I. 1988/2206
• Sections: 69

Section 1 Title and commencement

These Regulations may be cited as the Milk and Dairies (Semi-skimmed and Skimmed Milk) (Heat Treatment and Labelling) Regulations 1988 and shall come into force on 1st January 1989.

Section 2 Interpretation

(1) In these Regulations unless the context otherwise requires—

“ the Act ” means the Food Act 1984;

“atmospheric shade box” means a well ventilated box or cupboard so situated on the outside of a wall on the north side of a building or in a comparable position that it is at all times in the shade, such box or cupboard being not less than three feet above the ground at its lowest point and having inside it a maximum thermometer and a minimum thermometer of the meteorological type, accurate to within 0.5 °C.;

“atmospheric shade temperature” means the temperature inside an atmospheric shade box;

“bulk milk” means milk which is not packed or made up in advance in the bottle or other container in which it is to be supplied to the consumer;

“consumer” means any person to whom milk is supplied and who neither sells it nor uses it in the manufacture of milk products for sale;

“local authority” has the meaning assigned to it by section 72 of the Act;

“milk” means cows' milk intended for sale or sold for human consumption, but does not include such milk intended for manufacture into products for sale for human consumption;

“milk processor” means any milk pasteuriser, milk steriliser or person treating milk by the ultra high temperature method;

“milk purveyor” includes any person who sells milk, whether wholesale or by retail;

“the Minister” means the Minister of Agriculture, Fisheries and Food, and the Secretary of State, acting jointly;

“presentation”, in relation to semi-skimmed milk or skimmed milk, includes the appearance or packaging of the semi-skimmed milk or skimmed milk, the way in which the semi-skimmed milk or skimmed milk is arranged when it is exposed for sale and the setting in which the semi-skimmed milk or skimmed milk is displayed with a view to sale, but does not include any form of labelling or advertising;

“sample” means a sample taken by a person duly authorised in that behalf by a local authority;

“sell” includes offer or agree to sell or expose for sale; and “sold” shall be construed accordingly;

“semi-skimmed milk” means milk the fat content of which has been brought to at least 1.50 per cent. and at the most 1.80 per cent. calculated by weight;

“skimmed milk” means milk the fat content of which has been brought to not more than 0.30 per cent. calculated by weight.

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

Section 3 Heat treatment of semi-skimmed milk and skimmed milk

(1) Subject to paragraphs (3) and (4) of this regulation, no person shall sell any semi-skimmed milk or skimmed milk unless the requirements specified in paragraph (2) of this regulation are satisfied.

(2) The requirements to be satisfied are—

(a) the general requirements of Schedule 1 in connection with the heat treatment of semi-skimmed milk and skimmed milk,

(b) such of the special requirements as are applicable of Part I, II or III of Schedule 2 in relation to and in connection with such heat treatment by pasteurisation, sterilisation or the ultra high temperature method respectively,

(c) the requirements as to sampling of Part I of Schedule 3 and such of the requirements as to testing as are applicable of Parts II, III, IV , V and VI of that Schedule.

(3) Where semi-skimmed milk or skimmed milk is brought from Scotland or Northern Ireland into England and Wales, the requirements of Schedule 1 and any Part of Schedule 2 in relation to that milk shall, so far as they would relate to anything to be done before that milk enters England and Wales, be deemed to be satisfied if the corresponding requirements of legislation having effect for the time being in Scotland or Northern Ireland (as the case may be) in relation to the heat treatment of that milk are satisfied.

(4) Paragraph (2)(b) and (c) of this regulation shall not apply to the sale of semi-skimmed milk or skimmed milk to a milk processor for heat treatment in accordance with these Regulations.

Section 4 Labelling and presentation

(1) No person shall sell any semi-skimmed milk or skimmed milk, which has been subjected to heat treatment by pasteurisation, sterilisation or treatment by the ultra high temperature method, in a container unless that container is labelled in accordance with the requirements of Schedule 4.

(2) No person shall sell to the ultimate consumer (as defined in Schedule 4) any semi-skimmed milk or skimmed milk whose presentation is such that a purchaser is likely to be misled to a material degree as to the nature, substance or quality of the semi-skimmed milk or skimmed milk.

Section 5 Penalties and enforcement

(1) If any person contravenes or fails to comply with any of the foregoing provisions of these Regulations he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £2,000.

(2) Each local authority shall enforce and execute such provisions in their area.

(3) Every local authority shall give such assistance and information to any other local authority as that other local authority may reasonably require for the purpose of carrying out their duties under these Regulations.

Section 6 Application of various provisions of the Act

The following provisions of the Act shall apply for the purposes of these Regulations as if references therein to proceedings, or a prosecution, under or taken or brought under the Act included references to proceedings, or a prosecution, as the case may be, taken or brought for an offence under these Regulations:—

(a) section 95(5) (which relates to prosecutions);

(b) section 97(1), (2) and (3) (which relates to evidence of analysis);

(c) section 100 (which relates to a contravention due to some person other than the person charged);

(d) section 102(2)(a) and (b) (which relates to the conditions under which a warranty may be pleaded as a defence);

(e) section 103 (which relates to offences in relation to warranties and certificates of analysis).

Section 7 Importation of Milk Regulations 1988

Save as provided by the Importation of Milk Regulations 1988 , these Regulations do not apply to imported semi-skimmed milk or skimmed milk which is drinking milk within the meaning of Council Regulation ( EEC ) No. 1411/71 laying down additional rules on the common market organization in milk and milk products for drinking milk.

Section 8 Revocation

The Milk and Dairies (Semi-skimmed and Skimmed Milk) (Heat Treatment and Labelling) Regulations 1986 and the Milk and Dairies (Semi-skimmed and Skimmed Milk) (Heat Treatment and Labelling) (Amendment) Regulations 1988 are revoked.

Section 1

Every milk processor shall take such measures as are adequate to ensure that any semi-skimmed milk or skimmed milk which has been heat treated by pasteurisation, sterilisation or the ultra high temperature method shall be kept apart from all other milk at all times except when it is in separate sealed containers.

Section 2

(1) Without prejudice to the generality of sub-paragraph (2) below, every milk processor shall keep accurate records of—

(a) the quantities of bulk milk purchased by him and of the names and addresses of the persons from whom it was purchased;

(b) the quantities of bulk milk delivered to him, other than by way of sale, and of the names and addresses of the persons by whom such deliveries were made;

(2) Every milk purveyor shall keep accurate records of—

(a) the quantities of bulk milk purchased and sold by him, as the case may be, and of the names and addresses of the persons from whom it was so purchased and to whom it was so sold;

(b) the quantities of semi-skimmed and skimmed milk purchased and sold by him, as the case may be, and of the names and addresses of the persons from whom it was so purchased and to whom it was so sold otherwise than by retail;

(3) Every milk processor and every milk purveyor shall—

(a) retain the records referred to in sub-paragraphs (1) and (2) above for a period of twelve months from the date of the transaction to which the record relates;

(b) permit any person duly authorised by the local authority—

(i) to inspect the arrangements and processes for the handling, treatment, storage and distribution of the semi-skimmed milk and skimmed milk at any place at which the milk is in the possession of the milk processor or milk purveyor, as the case may be;

(ii) to take samples of the milk at any such place; and

(iii) to inspect any records which the milk processor or the milk purveyor, as the case may be, is required to keep by these Regulations.

Section 3

Milk which has been heat treated in another Member State of the European Economic Community shall not be accepted for further heat treatment unless it is accompanied by a certificate prescribed by the Importation of Milk Regulations 1988.

Section 4

Milk which is transferred from one container to another prior to heat treatment shall be so treated as soon as practicable after the first container has been opened.

Section 5

Raw milk shall not be accepted for heat treatment unless—

(a) over the preceding two months not less than two samples have been taken each month of the producer’s raw milk, the samples have been submitted to a plate count test the results of which have been recorded and the geometric average of those results is not more than 100,000 per ml; or

(b) the milk processor has purchased the milk as bulk milk which complies with the requirements of sub-paragraph (a) above and with a written warranty to that effect.

Section 6

Raw milk which is not heat treated within 36 hours of its admission to the heat treatment establishment shall not be subjected to heat treatment unless—

(a) the milk processor has in the handling and storage of the milk taken steps to ensure that a sample of that milk taken and submitted to a plate count test achieves a result of not more than 200,000 per ml; and

(b) a sample is taken of that milk, the sample submitted to a plate count test and the result is recorded.

Section 7

In any proceedings for a breach of paragraph 5 or 6 above, evidence of a sample taken in accordance with Part I of Schedule 3 or of a plate count test carried out as prescribed in Part IV of that Schedule shall be preferred to evidence of a sample taken or of a plate count test carried out, respectively, by any other method.

Section 8

The milk processor shall retain for a period of not less than three months—

(a) from the date of further heat treatment any certificate referred to in paragraph 3 above;

(b) any warranty referred to in paragraph 5(b) above;

(c) any records made in compliance with paragraphs 5(a) and 6(b) above.

Section 1 A. Conditions applicable when pasteurised milk is produced from raw milk or from milk heat treated for transportation

The milk shall be pasteurised, that is to say—

(a) retained at a temperature of not less than 62.8°C. and not more than 65.6°C. for at least thirty minutes and be immediately cooled to a temperature of not more than 10°C.; or

(b) retained at a temperature of not less than 71.7°C. for at least fifteen seconds and be immediately cooled to a temperature of not more than 10°C.; or

(c) retained at such temperature for such period as may be specified by the licensing authority with the approval of the Minister.

Section 1 B. Additional conditions applicable when pasteurised milk is produced from bulk milk which has been heat treated for transportation

(1) Where any bulk milk which has, for the purposes of transportation, been heat treated in another heat treatment establishment is to be subjected to pasteurisation in accordance with these Regulations, the requirements specified in the following sub-paragraphs shall apply.

(2) Milk shall not be accepted for further heat treatment unless it has a temperature not exceeding 6°C. on admission to the heat treatment establishment and is retained at such a temperature until pasteurisation.

(3) The milk processor shall check and record the temperature of the milk on admission to the heat treatment establishment and immediately before pasteurisation.

(4) For purposes of identifying sources of supply which exceed a plate count of 100,000 per ml., in order to exclude such milk from pasteurisation in accordance with these Regulations, the milk processor shall—

(a) before pasteurisation take a sample of the milk in accordance with Part I of Schedule 3;

(b) submit it to the plate count test prescribed in Part IV of that Schedule;

(c) record the result.

(5) The milk processor shall retain for a period of not less than three months the records made in compliance with sub-paragraphs (3) and (4) above.

Section 1 A. Conditions applicable when the milk is heated in bottles or by a continuous-flow method

In this Part of this Schedule, “bottle” means any container which has a capacity of not more than five litres and is of a type approved by the local authority.

Section 1 B. Additional conditions applicable when the milk is heated by a continuous-flow method

Immediately after heating as aforesaid by a continuous-flow method the milk shall be put into the sterile containers in which it is to be supplied to the consumer. Such containers shall be filled and sealed at the premises at which the treatment has been carried out with such aseptic precautions as will ensure the protection of the milk from the risk of contamination.

Section 1

The milk shall be treated by the ultra high temperature method, that is to say retained at a temperature of not less than 135°C. for not less than one second.

Section 2 A. Conditions applicable when pasteurised milk is produced from raw milk or from milk heat treated for transportation

The whole of the apparatus in which the milk is pasteurised, including the cooler, shall be so constructed as to secure the protection of the milk from risk of atmospheric contamination by dust or otherwise.

Section 2 A. Conditions applicable when the milk is heated in bottles or by a continuous-flow method

The milk shall be sterilised, that is to say, filtered or clarified, and (except in the case of skimmed milk) homogenised, and thereafter heated to and maintained at such a temperature, not less than 100°C., for such a period as to ensure that it will comply with the turbidity test prescribed in Part VI of Schedule 3. The milk shall be heated as aforesaid—

(a) in bottles and in such a manner that on or before completion of the treatment the bottles shall be sealed with an airtight seal; or

(b) by a continuous-flow method.

Section 2 B. Additional conditions applicable when the milk is heated by a continuous-flow method

The records of such recording thermometers as the local authority shall reasonably consider necessary to be installed in suitable places in the apparatus in which the milk is to be heated as aforesaid by a continuous-flow method shall be marked with graduations adequately spaced to give clear readings, and they shall be dated and preserved for a period of not less than three months.

Section 2

Any apparatus in which the milk is to be heated to and maintained at a temperature of not less than 135°C. shall be provided with a device which shall automatically divert the flow of any milk which is not raised to the authorised temperature and automatically record each operation of the device. Such record shall be dated and preserved for a period of not less than three months.

Section 3 A. Conditions applicable when pasteurised milk is produced from raw milk or from milk heat treated for transportation

When the milk is heated by a continuous-flow method and is pasteurised in accordance with—

(a) the provisions of sub-paragraph (b) of paragraph 1 of this Part of this Schedule; or

(b) a method approved by the Minister under sub-paragraph (c) of paragraph 1 hereof,

any apparatus in which the milk is to be heated to and maintained at a temperature of more than 65.6°C shall be provided with a device which shall automatically divert the flow of any milk which is not raised to the authorised temperature and automatically record each operation of the device. Such record shall be dated and preserved for a period of not less than three months.

Section 3 A. Conditions applicable when the milk is heated in bottles or by a continuous-flow method

Such thermometers and pressure gauges as the local authority shall reasonably consider necessary shall be installed in suitable places in the apparatus so as to indicate the temperature or pressure to which the milk is raised or subjected, as the case may be.

Section 3 B. Additional conditions applicable when the milk is heated by a continuous-flow method

Any apparatus in which the milk is to be heated as aforesaid by a continuous-flow method shall be provided with a device which shall automatically divert the flow of any milk which is not raised to the authorised temperature and automatically record each operation of the device. Such record shall be dated and preserved for a period of not less than three months.

Section 3

(1) Such indicating and recording thermometers as the local authority shall reaonably consider necessary shall be installed in suitable places in the apparatus in which the milk is treated by the ultra high temperature method so as to indicate the temperatures to which the milk is heated.

(2) The records of recording thermometers shall be marked with graduations adequately spaced to give clear readings, and they shall be dated and preserved for a period of not less than three months.

Section 4 A. Conditions applicable when pasteurised milk is produced from raw milk or from milk heat treated for transportation

(1) Such indicating and recording thermometers as the local authority shall reasonably consider necessary shall be installed in suitable places in the apparatus in which the milk is pasteurised so as to indicate the temperatures at which the milk is retained and to which the milk is cooled.

(2) The records of recording thermometers shall be marked with graduations adequately spaced to give clear readings, and they shall be dated and preserved for a period of not less than three months.

Section 4 A. Conditions applicable when the milk is heated in bottles or by a continuous-flow method

(1) A sample of the milk taken in accordance with Part I of Schedule 3 at the heat treatment establishment after sterilisation shall after incubation for 15 days at 30 °C. satisfy the plate count test prescribed in Part IV of that Schedule. The sample shall be deemed to satisfy the plate count test if the plate count is not more than 10 per 0.1ml.

(2) A sample of the milk taken in accordance with Part I of Schedule 3 after sterilisation and before delivery to the consumer shall satisfy the turbidity test prescribed in Part VI of that Schedule. The sample shall be deemed to satisfy the test if it gives a filtrate showing no sign of turbidity.

Section 4 B. Additional conditions applicable when the milk is heated by a continuous-flow method

Every container in which the milk heated as aforesaid by a continuous-flow method is transported, exposed or offered for sale shall be so closed and securely fastened that it is airtight.

Section 4

A sample of the milk taken in accordance with Part I of Schedule 3 at the heat treatment establishment after treatment by the ultra high temperature method shall after incubation for 15 days at 30°C. satisfy the plate count test prescribed in Part IV of that Schedule. The sample shall be deemed to satisfy the plate count test if the plate count is not more than 10 per 0.1ml.

Section 5 A. Conditions applicable when pasteurised milk is produced from raw milk or from milk heat treated for transportation

(1) A sample of the milk taken in accordance with Part I of Schedule 3 at the heat treatment establishment after pasteurisation shall satisfy the coliform test and the plate count test prescribed in Parts III and IV of that Schedule. The sample shall be deemed to satisfy the coliform test if the coliform count is less than 1 per ml. The sample shall be deemed to satisfy the plate count test if the plate count is not more than 30,000 per ml.

(2) A sample of the milk taken in accordance with Part I of Schedule 3 at the heat treatment establishment after pasteurisation shall after incubation for 5 days at 6°C. satisfy the plate count test prescribed in Part IV of that Schedule. The plated sample shall be incubated for 25 hours at 21 °C. The sample shall be deemed to satisfy the test if the plate count is not more than 100,000 per ml.

(3) A sample of milk taken in accordance with Part I of Schedule 3 after pasteurisation and before delivery to the consumer shall satisfy the methylene blue test prescribed in Part II of that Schedule and the phosphatase test prescribed in Part V of that Schedule. The methylene blue test shall be deemed to be satisfied if the milk fails to decolourise methylene blue in 30 minutes. The phosphatase test shall be deemed to be satisfied if the milk gives a reading of 10 μg or less of p—nitrophenol/ml of milk.

Section 5

(1) Milk which is treated by the ultra high temperature method shall immediately after such treatment be put into the sterile containers in which it is to be supplied to the consumer. Such containers shall be filled and sealed at the premises at which the treatment has been carried out with such aseptic precautions as will ensure the protection of the milk from risk of contamination.

(2) Every container in which milk treated by the ultra high temperature method is transported, exposed or offered for sale shall be so closed and securely fastened, either with a cap overlapping the lip of the container or in some other suitable manner approved by the licensing authority, that the container is airtight.

Section 6 A. Conditions applicable when pasteurised milk is produced from raw milk or from milk heat treated for transportation

(1) Milk which is pasteurised in bottles shall be supplied to the consumer in those bottles, and milk which is pasteurised in containers other than bottles shall be put into the containers in which it is to be supplied to the consumer at the premises at which it is pasteurised as soon as possible after pasteurisation.

(2) Every container in which the milk is transported, exposed or offered for sale shall be tightly closed and securely fastened with a cap or cover overlapping the lip of the container or in some other suitable manner approved by the local authority.

Section 1 Taking of sample

A sample may be taken at any time when the milk is in the possession of a milk processor or milk purveyor.

Section 1 Treatment of sample

(1) On arrival at the testing laboratory the sample of milk shall at once be removed from the insulated container. Thereafter it shall be stored as follows:—

(a) a sample taken at any time during the period from 1 May to 31 October, inclusive, in any year shall be kept at atmospheric shade temperature until 9.30 a.m. on the following day;

(b) a sample taken at any time during the period from 1 November to 30 April, inclusive, in any year shall be kept in its original container or in a sterile sample bottle of at least 80 ml. capacity at atmospheric shade temperature until 5.00 p.m. on the day of sampling and thereafter at a constant temperature of 18.3°C. ± 1°C. until 9.30 a.m. on the following day.

(2) If during the period of storage at atmospheric shade temperature to which a sample is subjected this temperature at any time exceeds 21°C., the test shall not be applied.

(3) The test shall be begun between 9.30 and 10.00 a.m. on the day after the sample is taken.

Section 1 Method of carrying out the test

Subject to paragraphs 2 and 3 below, the sample shall be tested by the method prescribed in the British Standard 4285: Section 3.7: 1987 ( ISBN 0 580 15866 7).

Section 1

The sample shall be tested by the method prescribed in the British Standard 4285: Section 2.1: 1984 (ISBN 0 580 14091 1).

Section 1 Examination of sample

The sample of milk shall be examined as soon as possible after arrival at the testing laboratory. If it is not examined immediately on arrival at the testing laboratory, it shall be kept at a temperature of between 3°C. and 5°C. until examined. The sample shall be raised to room temperature immediately before being tested.

Section 1 Examination of sample

The sample of milk may be examined at any time after delivery to the testing laboratory but shall be at room temperature when the test is begun.

Section 2 Taking of sample

When the milk is in containers with a capacity not exceeding 1.25 litres, or when the milk has been treated by the ultra high temperature method whether or not such milk is in containers with a capacity not exceeding 1.25 litres, the sample shall consist of one such container which shall be delivered intact to the testing laboratory.

Section 2 Reagent — Methylene Blue

(1) Tablets manufactured under arrangements made by the Minister shall be used for the test. A solution shall be prepared aseptically by adding one tablet to 200 ml. of cold, sterile, glass-distilled water in a sterile flask, shaking until the tablet is completely dissolved, and making up the solution to 800 ml. with cold, sterile, glass-distilled water. The resultant solution shall be stored in a stoppered sterile flask in a cool, dark place, and shall not be used if—

(a) it has been exposed to sunlight, or

(b) a period of two months has elapsed since the date of preparation.

(2) The amount of methylene blue required for a day’s work shall be poured off from the stock bottle into a suitable glass container. The pipette used for transferring the methylene blue solution to the tubes of milk shall not be introduced into the stock bottle.

Section 2 Method of carrying out the test

The “Colony count technique” specified in paragraph 8 of the British Standard referred to in the preceding paragraph shall be used.

Section 2

Any sample—

(a) of raw milk, milk heat treated for the purposes of transportation or pasteurised milk, or

(b) of sterilised milk or milk treated by the ultra high temperature method where the sample is taken from an open container,on which the test is not begun within 24 hours of taking such sample, shall be discarded.

Section 2 Precautions

The following precautions shall be taken:—

(a) A sample which shows evidence of taint or souring shall not be tested.

(b) All glassware shall be clean immediately before use.

(c) A fresh pipette shall be used for each sample of milk.

(d) The test shall not be carried out in direct sunlight.

(e) Distilled or de-ionised water shall be used throughout.

Section 2 Reagent

Ammonium sulphate A.R. shall be used.

Section 3 Taking of sample

When the milk (other than milk which has been treated by the ultra high temperature method) is in containers with a capacity exceeding 1.25 litres, the sample shall consist of not less than 60 ml. of the milk. The milk shall be thoroughly stirred before sampling and the sample shall be taken from well below the surface of the milk. The instruments used for stirring and sampling shall be sterile and the sample shall be poured into a sterile bottle which shall thereupon be immediately stoppered. The part of the stopper which may come into contact with the milk shall be sterile. Where the person taking the sample breaks the seal on a container he shall, after taking the sample, re-seal the container and attach to it a label certifying that it has been opened and re-sealed by him.

Section 3 Apparatus

(1) Test tubes shall conform to British Standard 3218:1982, nominal size 150/16, and shall be accurately marked at 10 ml. They shall be plugged with cotton wool or covered with closely fitting aluminium caps or stored in such a way as to prevent contamination.

(2) Pipettes shall be 1.0 ml. straight-sided blow out delivery pipettes, and shall be plugged with cotton wool at the upper end.

(3) Glassware and rubber stoppers shall be sterile immediately before use.

(4) The water bath shall be fitted with a reliable automatic thermo-regulator capable of maintaining the water at a temperature of 37.5°C. ± 0.5°C.