The Milk (Special Designation) Regulations 1989

Where in accordance with these Regulations any issue as to the revocation or suspension of a licence or refusal of a 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 12th December 1989.

John Selwyn Gummer — Minister of Agriculture, Fisheries and Food

Kenneth Clarke — Secretary of State for Health — 18th December 1989

Peter Walker — Secretary of State for Wales — 12th December 1989

Explanatory note

(This note is not part of the Relations)

These Regulations re-enact with modifications the Milk (Special Designation) Regulations 1988, and provide 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) the notice to be displayed on farm premises where untreated milk is sold for consumption on the premises is “Milk supplied in this establishment has not been heat treated and may therefore contain organisms harmful to health” (Schedule 2, paragraph A5);

• (b) in relation to milk to which the designation “Untreated” is used, a sample taken in specified circumstances is required to satisfy a prescribed coliform test and a plate count test (Schedule 2, paragraph C3); in consequence, the methylene blue test prescribed by the 1988 Regulations has been omitted;

• (c) a sample of pasteurised milk taken in specified circumstances is required to satisfy a plate count test and a phosphatase test; the requirement under the 1988 Regulations for such sample to satisfy a methylene blue test has been omitted (Schedule 4, Part I, paragraph A5(2) and (3));

• (d) the requirement under the 1988 Regulations that an insulated container containing a sample of milk for transport to a testing laboratory shall not be artificially cooled, has been omitted (Schedule 5, Part I, paragraph 5);

• (e) the incubation periods and temperatures for plated samples of pasteurised milk to be submitted to a plate count test have been specified (Schedule 5, Part III, paragraph 3);

• (f) the words required to be stated on the label of a container of untreated milk, where the milk is sold before 1 September 1990, are “Raw Unpasteurised Milk” or “This milk has not been heat treated and may therefore contain organisms harmful to health” and, where the milk is sold after 3l August 1990, “This milk has not been heat treated and may therefore contain organisms harmful to health” (Schedule 6, paragraph 1 (f)).

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. 1988/2204.

[^f00006]: S.I. 1959/277, amended by S.I. 1962/1288, 1973/1064, 1977/171, 1979/1567, 1982/1703 and 1985/68.

[^f00007]: S.I. 1988/1803.

[^f00008]: 1985 c. 72.