Statutory Instruments

2008 No.1317

Food, England

The Drinking Milk (England) Regulations 2008

Made

13th May 2008

Laid before Parliament

19th May 2008

Coming into force

1st July 2008

^M1^,^M2 These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for the references to the provisions of Article 114(2) of, and Annex XIII to, Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) to be construed as references to those provisions as amended from time to time.

^M3 As required by Article 9 of Regulation (EC) No 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety , there has been open and transparent public consultation during the preparation and evaluation of the following Regulations.

^M4 In accordance with section 48(4A) of the Food Safety Act 1990 , the Secretary of State has had regard to relevant advice from the Food Standards Agency.

^M5^,^M6^,^M7 The Secretary of State makes the following Regulations in exercise of powers conferred by paragraph 1A of Schedule 2 to the European Communities Act 1972 and sections 6(4), 16(1), 17(2), 26(1) and (3) and 48(1) of the Food Safety Act 1990 and now vested in the Secretary of State .

Title, commencement and application

1. —(1) These Regulations—

(a) may be cited as the Drinking Milk (England) Regulations 2008;

(b) come into force on 1st July 2008; and

Interpretation

2. —(1) In these Regulations—

“ the 1990 Act ” means the Food Safety Act 1990;

^F1 ...

“ Article 114(2) ” means Article 114(2) of the Council Regulation;

“ the Council Regulation ” means Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation);

“ drinking milk ” has the meaning given in point I(b) of [^F2 Part IV ^F2] ;

“ food authority ” does not include the appropriate Treasurer referred to in section 5(1) of the 1990 Act;

“ milk ” has the meaning given in point I(a) of [^F2 Part IV ^F2] ; and

[^F3 “ Part IV ” means [^F4 Part 4 of Annex 7 to Regulation ( EU ) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products ^F4] , as amended from time to time. ^F3]

“ sell ” includes possess for sale and offer, expose or advertise for sale.

(2) Other expressions used in these Regulations and in the Council Regulation[^F5 or Part IV^F5] which are not defined in these Regulations have the same meaning in these Regulations as they have in the Council Regulation[^F5 or Part IV^F5] .

^F6 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sale or delivery of milk and use of sales description

3. No person may—

(a) sell or deliver milk; or

(b) use or omit to use a sales description for any product,

in contravention of Article 114(2) or point II(1) and (2) of [^F7Part IV as read with point III of Part IV^F7] .

Importation of products from outside the European Community for sale as drinking milk

^F84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement

5. —(1) Each food authority must enforce the provisions of these Regulations within its area.

(2) Each food authority must give such assistance and information to any other food authority in Great Britain as that other food authority may reasonably require for the purpose of carrying out its duties under these Regulations or an equivalent provision.

(3) In this regulation, “ equivalent provision ” means a provision in Regulations made in Scotland or Wales for the purpose of implementing Article 114(2) or [^F9Part IV^F9] .

Offences and penalties

^F106. Any person who fails to comply with regulation 3 ...is—

(a) guilty of an offence; and

(b) liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Application of provisions of the 1990 Act

7. —(1) The provisions of the 1990 Act set out in paragraph (3) apply for the purposes of these Regulations.

(2) For the purposes of these Regulations, any reference in those provisions to the 1990 Act or to a Part of the 1990 Act must be construed as a reference to these Regulations.

(3) The provisions are—

(a) ^M8 section 2 (extended meaning of “sale” etc. ) ;

(b) section 3 (presumptions that food intended for human consumption);

(d) ^M9section 21 (defence of due diligence) ;

(e) paragraph (8) of section 30 (analysis etc. of samples);

(f) section 33 (obstruction etc. of officers);

(g) ^M10 paragraphs (1) to (3) of section 35 (punishment of offences) in so far as the paragraphs relate to offences under paragraphs (1) and (2) of section 33 ;

(h) section 36 (offences by bodies corporate); and

(i) section 44 (protection of officers acting in good faith).

Revocations

^M11^,^M128.The Drinking Milk Regulations 1998 and the Drinking Milk (Amendment) Regulations 2007 are revoked.

Amendments

^F119. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Jeff Rooker

Minister of State

Department for Environment, Food and Rural Affairs

footnote	commentary	insert/omit
F1	Words in reg. 2(1) omitted (1.1.2014) by virtue of The Single Common Market Organisation (Consequential Amendments) Regulations 2013 (S.I. 2013/3235) , regs. 1 , 4(2)(a)	omitted
F2	Words in reg. 2(1) substituted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) Regulations 2013 (S.I. 2013/3235) , regs. 1 , 4(2)(b)	substituted
F3	Words in reg. 2(1) inserted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) Regulations 2013 (S.I. 2013/3235) , regs. 1 , 4(2)(c)	inserted
F4	Words in reg. 2(1) substituted (1.6.2018) by The Environment, Food and Rural Affairs (Miscellaneous Amendments) (England) Regulations 2018 (S.I. 2018/575) , regs. 1(2) , 21(a)	substituted
F5	Words in reg. 2(2) inserted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) Regulations 2013 (S.I. 2013/3235) , regs. 1 , 4(3)	inserted
F6	Reg. 2(3) omitted (1.1.2014) by virtue of The Single Common Market Organisation (Consequential Amendments) Regulations 2013 (S.I. 2013/3235) , regs. 1 , 4(4)	omitted
F7	Words in reg. 3 substituted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) Regulations 2013 (S.I. 2013/3235) , regs. 1 , 4(5)	substituted
F8	Reg. 4 omitted (1.1.2014) by virtue of The Single Common Market Organisation (Consequential Amendments) Regulations 2013 (S.I. 2013/3235) , regs. 1 , 4(6)	omitted
F9	Words in reg. 5(3) substituted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) Regulations 2013 (S.I. 2013/3235) , regs. 1 , 4(7)	substituted
F10	Words in reg. 6 omitted (1.1.2014) by virtue of The Single Common Market Organisation (Consequential Amendments) Regulations 2013 (S.I. 2013/3235) , regs. 1 , 4(8)	omitted
F11	Reg. 9 revoked (13.12.2014) by The Food Information Regulations 2014 (S.I. 2014/1855) , Sch. 6 Pt. 1 Entry 23
M1	1972 c. 68 .
M2	OJ No L 299, 16.11.2007, p 1.
M3	OJ No. L 31, 1.2.2002, p 1, as last amended by Commission Regulation (EC) No. 575/2006 amending Regulation (EC) No. 178/2002 of the European Parliament and of the Council as regards the number and names of the permanent Scientific Panels of the European Food Safety Authority (OJ No. L100, 8.4.2006, p 3).
M4	1990 c.16 . Section 48(4A) is inserted by section 40(1) of, and Schedule 5, paragraph 21, to, the Food Standards Act 1999 (c.28) (“ the 1999 Act ”).
M5	Paragraph 1A was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51) .
M6	Section 6(4) is amended by section 31 of, and Schedule 9, paragraph 6, to, the Deregulation and Contracting Out Act 1994 c. 40 and section 40(1) of, and Schedule 5, paragraph 10(1) and (3), to, the 1999 Act; section 16(1) is amended by section 40(1) of, and Schedule 5, paragraphs 7 and 8, to, the 1999 Act; section 17(2) is amended by section 40(1) of, and Schedule 5, paragraphs 7, 8 and 12, to the 1999 Act; section 48(1) is amended by section (40)(1) of, and Schedule 5, paragraphs 7 and 8, to the 1999 Act.
M7	Functions formerly exercisable by “the Ministers” (being, in relation to England and Wales and acting jointly, the Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with health in England and food and health in Wales and, in relation to Scotland, the Secretary of State) are now exercisable in relation to England by the Secretary of State pursuant to paragraph 8 of Schedule 5 to the 1999 Act. Those functions, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by S.I. 1999/672 as read with section 40(3) of the 1999 Act and thereafter transferred to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006 c. 32 . Those functions, so far as exercisable in relation to Scotland, were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 c. 46 . as read with section 40(2) of the 1999 Act.
M8	Section 2 is amended by section 40(1) of, and Schedule 5, paragraphs 7 and 8, to, the Food Standards Act 1999 (c. 28) .
M9	Section 21 is amended by S.I. 2004/3279 .
M10	Section 35(3) is amended by S.I. 2004/3279 .
M11	S.I. 1998/2424 .
M12	S.I. 2007/3428 .

Defined Term	Section/Article	ID
Article 114(2)	reg. 2.	legTermvElgs1Uh
drinking milk	reg. 2.	legTermtlYDroY0
equivalent provision	reg. 5.	legTermtPnX0Ily
food authority	reg. 2.	legTerm2JK4Lp1o
milk	reg. 2.	legTermUphUhgQz
Part IV	reg. 2.	legTermtYnNB4EN
sale	reg. 7.	sale_rt01QQy
sell	reg. 2.	legTermHqUSkyFT
the 1990 Act	reg. 2.	legTermxCRssY1C
the Council Regulation	reg. 2.	legTerm0OP29Wz7

Defined Term

Section/Article

Scope of Application

Article 114(2)

reg. 2.

legTermvElgs1Uh

drinking milk

reg. 2.

legTermtlYDroY0

equivalent provision

reg. 5.

legTermtPnX0Ily