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

(c) apply only in England.

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 [^F7 Part IV as read with point III of Part IV ^F7] .

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

^F8 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 [^F9 Part IV ^F9] .

Offences and penalties

^F10 6. 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);

(c) section 20 (offences due to fault of another person);

(d) ^M9 section 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,M12 8. The Drinking Milk Regulations 1998 and the Drinking Milk (Amendment) Regulations 2007 are revoked.

Amendments

^F11 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .