The Milk (Special Designation) Regulations 1988

dealer’s (steriliser's) licence authorising the use of the special designation “sterilised”

FORM E

Milk (Special Designation) Regulations 1988

dealer’s (ultra heat treated) licence authorising the use of the special designation “ultra heat treated”

FORM F

Milk (Special Designation) Regulations 1988

dealer’s (pre-packed milk) licence authorising the use of the special designation(s) (a) “pasteurised” (b) “sterilised” (c) “ultra heat treated”

SCHEDULE 8 — TRIBUNALS

PART I — constitution

1

A tribunal shall consist of a chairman and two other members.

2

• (1) Where the issue referred to the tribunal is in respect of a producer’s licence–

• (a) the chairman shall be an independent person appointed by the Minister;

• (b) one member shall be–

• (i) in the case of a licence relating to milk produced in England, a person appointed by the Minister from a panel of persons nominated jointly by the Milk Marketing Board and the National Farmers' Union, and

• (ii) in the case of a licence relating to milk produced in Wales, a person appointed by the Minister from a panel of persons, each member of the panel being nominated either jointly by the Milk Marketing Board and the National Farmers' Union or jointly by the Milk Marketing Board and the Farmers' Union of Wales;

• (c) one member shall be a person appointed by the Minister as being representative of the con-sumers' interest.

• (2) Where the issue referred to the tribunal is in respect of a dealer’s licence or an untreated milk distributor’s licence–

• (a) the chairman shall be an independent person appointed by the Minister;

• (b) one member shall be a person appointed by the Minister as being representative of the milk distributive trade;

• (c) one member shall be a person appointed by the Minister as being representative of the con-sumers' interest.

• (3) Where the issue referred to the tribunal is in respect of a producer’s licence and there is outstanding a reference to a tribunal in respect of a dealer’s licence or an untreated milk distributor’s licence, or where the issue referred to the tribunal is in respect of a dealer’s licence or an untreated milk distributor’s licence and there is outstanding a reference to a tribunal in respect of a producer’s licence, and where both references relate to the same premises and the person or council affected is the same–

• (a) the chairman shall be an independent person appointed by the Minister;

• (b) one member shall be a person appointed by the Minister as being representative of producers and distributors of milk;

• (c) one member shall be a person appointed by the Minister as being representative of the consumers' interest.

• (4) For the purposes of sub-paragraphs (1)(c), (2)(c), and (3)(c) of this paragraph, where the issue is in respect of a licence relating to premises in England, such appointment shall be made after consultation with the Secretary of State for Health.

3

• (1) A chairman shall hold office for three years, and a chairman whose term of office expires shall be eligible to be re-appointed as chairman.

• (2) A chairman may resign his office by notice in writing served on the Minister.

• (3) If the Minister is satisfied that the chairman is incapacitated by infirmity of mind or body from discharging the duties of his office, or is adjudged bankrupt or makes a composition or arrangement with his creditors, he may revoke the appointment of the chairman.

• (4) If the Minister is satisfied that the chairman is prevented by sickness or any other reason from acting on any reference to the tribunal, he may appoint an independent person to act in place of the chairman on that reference.

4

In this Part of this Schedule–

PART II — procedure

1

Where in accordance with these Regulations any issue as to the revocation or suspension of a licence or refusal of grant of a licence by way of renewal of such licence is required to be referred to a tribunal by the Minister, he shall forthwith inform the chairman of the tribunal of the reference to the tribunal and of the name and address of the person or council affected. He shall send to the chairman and to the members of the tribunal copies of the notice of decision or proposed decision to refuse, suspend, or revoke the licence, as the case may be, and of any representations made by the person or council affected.

2

The chairman on being informed of the reference to the tribunal shall fix a convenient date and place for the hearing of the reference.

3

• (1) The person or council affected shall have the right to be heard by the tribunal by himself or by counsel or a solicitor or other representative as he or the council may elect.

• (2) The licensing authority or the Minister may be represented by any person instructed in that behalf.

4

• (1) At the hearing of the reference the tribunal shall give an opportunity to the person or council affected, or to the representative thereof, to address the tribunal and call witnesses. The representative of the licensing authority or the Minister may cross-examine the person affected, if he elects to give evidence, and any witnesses called by him or by the council affected.

• (2) The tribunal shall give the representative of the licensing authority or the Minister an opportunity to address the tribunal and to call witnesses. The person or council affected, or the representative thereof, may cross-examine any witnesses called by another person.

5

The tribunal may, if they wish, visit and inspect any premises to which the reference relates.

6

• (1) It shall be the duty of the tribunal on any reference to report findings on any questions of fact appearing to them to be relevant, and in particular, where the issue is as to revocation or suspension on the ground of a breach of condition not being one by virtue of which the holder of the licence has been convicted of an offence under section 45 of the Act, to find and report whether the breach was in fact committed.

• (2) )The report of the tribunal, which shall be in writing, shall include the reasons for the findings and the chairman shall submit the report to the Minister without delay.

7

The tribunal may take notice of the circumstances existing at the date of the hearing, where there has been any change of circumstances since the date of the notice issued by the licensing authority.

8

The tribunal may adjourn the hearing from time to time if for any reason it appears to them necessary or desirable so to do.

9

In the event of a difference of opinion amongst the members of the tribunal, the determination of the majority of them shall be the determination of the tribunal.

10

The hearing shall be open to the public.

11

Save as in this Schedule expressly provided, the tribunal shall have power to regulate their own procedure.

Signed

In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 13th December 1988.

Trumpington — Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food

Kenneth Clarke — Secretary of State for Health — 15th December 1988

Peter Walker — Secretary of State for Wales — 15th December 1988

Explanatory note

(This note is not part of the Regulations)

These Regulations re-enact with modifications the Milk (Special Designation) Regulations 1986, as amended, and make provision for the implementation of Council Directive 85/397/EEC (OJ No. L226, 24.8.1985, p. 13) on health and animal health problems affecting intra-Community trade in heat-treated milk.

The Regulations prescribe special designations (“Untreated”, “Pasteurised”, “Sterilised” and “Ultra Heat Treated”) for use in relation to the sale of milk and provide for the grant, refusal, suspension and revocation of licences authorising such use.

In addition to drafting amendments, the Regulations make the following changes of substance:–

• (a) a sample of milk taken in specified circumstances is required to satisfy a coliform test in the case of pasteurised milk and a plate count test in the case of raw milk, bulk milk heat treated for transportation, pasteurised milk, sterilised milk and milk treated by the ultra high temperature method (regulation 6 and Schedule 4, Part I, paragraph A5, Part II, paragraph A4(1), Part III, paragraph A4, Schedule 5, Parts III and IV); in consequence, the colony count test prescribed by the 1986 Regulations has been omitted;

• (b) the time within which a person affected by a licensing authority’s proposal to suspend or revoke a licence or to refuse to grant a licence can exercise specified rights of making representations, requesting the matter to be referred to a tribunal, being heard by a committee or appealing to the Minister, has been extended from 14 days to 21 days (regulations 10(4), 17(2)(b), (d) and (f) and 17(3));

• (c) records are required to be kept by the licence holder of milk delivered to or from the premises to which the licence relates, other than by way of purchase or sale (Schedule 1, paragraph 4(a));

• (d) as pre-conditions for heat treatment of raw milk it is required that–

• (i) over the preceding two months not less than two samples taken each month of the producer’s milk have satisfied a prescribed average plate count;

• (ii) in the case of raw milk not heat treated within 36 hours, steps have been taken to ensure a prescribed maximum plate count is not exceeded; and

• (iii) the results of such plate counts are recorded (Schedule 3, paragraphs 4 and 5);

• (e) in any proceedings for a breach of the pre-conditions referred to in paragraph (d) above, evidence of a sample taken or of a plate count carried out in accordance with Part I or IV of Schedule 5, respectively, is to be preferred to evidence of a sample taken or of a plate count by any other method (Schedule 3, paragraph 6);

• (f) in continuous flow heat treatment apparatus, devices for the automatic diversion of milk not raised to the authorised temperature are required to record each operation automatically and the records are required to be dated and preserved for a specified period (Schedule 4, Part I, paragraph A3, Part II, paragraph B3, Part III, paragraph 2);

• (g) in specified circumstances, a sample of milk to be subjected to a coliform or plate count test is required to be transported at a prescribed temperature (Schedule 5, Part I, paragraph 6).

These Regulations apply only to England and Wales.

Information as to British Standards referred to in these Regulations can be obtained by post from the British Standards Institution at Milton Keynes or from any of the Institution’s sales outlets.

Footnotes

[^f00001]: 1984 c. 30; section 132(1) contains a definition of “the Ministers” relevant to the exercise of the statutory powers under which these Regulations are made.

[^f00002]: In the case of the Secretary of State for Health, by virtue of S.I. 1988/1843.

[^f00003]: 1971 c. 62.

[^f00004]: 1972 c. 70; the definition of “local authority” in section 270(1) was amended by the Local Government Act 1985 (c. 51), section 102(2) and Schedule 17.

[^f00005]: S.I. 1986/723, amended by S.I. 1988/1805.

[^f00006]: S.I. 1988/1805.

[^f00007]: S.I. 1959/277, amended by S.I. 1962/1288, 1973/1064, 1977/171, 1979/1567, 1982/1703 and 1985/68.

[^f00008]: S.I. 1988/1803.

[^f00009]: 1985 c. 72.