The Milk Labelling (Scotland) Amendment Regulations 1990

• Citation: S.I. 1990/2508
• Sections: 8

Section 1 Title, extent, commencement, and interpretation

(1) These Regulations may be cited as the Milk Labelling (Scotland) Amendment Regulations 1990, shall extend to Scotland only, and shall come into force for the purposes of regulation 8 on 1st July 1991 and for all other purposes on 1st January 1991.

(2) In these Regulations–

“the principal Regulations ” means the Milk Labelling (Scotland) Regulations 1983 .

Section 2 Amendment of the principal Regulations

The principal Regulations shall be amended as specified in the following provisions of these Regulations and any reference in these provisions to any specified provision shall, unless the context requires otherwise, be taken to be a reference to the provision so specified in the principal Regulations.

Section 3 Amendment of the principal Regulations

For regulation 4(b) there shall be substituted the following paragraph:–

(b) the appropriate durability indication, that is to say–

(i) in the case of milk other than a kind specified in sub-paragraph (ii) of this paragraph, an indication of minimum durability;

(ii) in the case of milk which, from the microbiological point of view, is highly perishable and in consequence likely after a short period to constitute an immediate danger to human health, a “use by” date in accordance with regulation 6A;

Section 4 Amendment of the principal Regulations

For regulation 4(d) there shall be substituted the following paragraph:–

(d) the name or business name and an address or registered office of the producer or packer or of a seller established within the European Economic Community; and

Section 5 Amendment of the principal Regulations

Immediately following regulation 6 there shall be inserted the following regulation:–

Form of indication of “use by” date

(6A)

(1) Where a “use by” date is required in respect of milk it shall be indicated by–

(a) the words “use by” followed by the date up to and including which the milk, if properly stored, is recommended for use, and

(b) any storage conditions which need to be observed.

(2) The “use by” date shall be expressed in terms either of a day and a month (in that order) or of a day, a month and a year (in that order).

(3) The date up to and including which milk required to bear a “use by” date is recommended for use may appear separately from the words “use by”, provided that those words are followed by a reference to the place where that date appears.

Section 6 Amendment of the principal Regulations

In regulation 7(1) and (2) there shall be inserted immediately after the words “of minimum durability”, on each occasion that these occur, the words “or, as the case may be, of a “use by” date”.

Section 7 Amendment of the principal Regulations

(1) At the end of regulation 12(1)(c) the word “or” shall be inserted and immediately following regulation 12(1)(c) there shall be inserted the following paragraphs:–

(d) sells any milk after the date shown in a “use by” date relating to it; or

(e) being a person other than whichever of the manufacturer, packer or seller established within the European Economic Community was originally responsible for so marking the milk, alters the indication of minimum durability or, as the case may be, the “use by” date relating to that milk;

(2) At the end of regulation 12 there shall be added the following paragraph:–

(3) In any proceedings for an offence under paragraph (1)(e) above it shall be a defence for the 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.

Section 8 Revocation

Paragraphs (4) and (5) of regulation 6 are hereby revoked.