The Reporting of Prices of Milk Products (England) Regulations 2008

Made: 3rd June 2008

Laid before Parliament: 9th June 2008

Coming into force: 1st July 2008

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972[^f00003].

Title, commencement and application

1

• (1) These Regulations—

• (a) may be cited as the Reporting of Prices of Milk Products (England) Regulations 2008;

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

• (c) apply in England.

Interpretation

2

In these Regulations—

• ...

• “milk processor” means a person operating an establishment which manufactures milk products;

• “milk products” means whey powder, skimmed milk powder, whole milk powder, butter, cheeses (including commodity cheeses) and raw milk.

Provision of information on prices of milk products

3

• (1) A milk processor must provide to the Secretary of State such information relating to the prices of milk products as the Secretary of State may by notice require ....

• (2) The notice may require the milk processor to provide the information on a regular basis, and may specify when, and in what format, the information must be provided.

Offences

4

• (1) A person who fails to comply with a notice referred to in regulation 3(1) is guilty of an offence, and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

• (2) Where a body corporate is guilty of an offence under paragraph (1), and the offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of—

• (a) any director, manager, secretary or other similar person of the body corporate, or

• (b) any person who was purporting to act in any such capacity,

that person is guilty of the offence as well as the body corporate.

• (3) For the purposes of paragraph (2), “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

Revocation

5

The Reporting of Prices of Milk Products (England) Regulations 2005[^f00005] are revoked.

Signed

Jeff Rooker — Minister of State — Department for Environment, Food and Rural Affairs — 2008-06-03

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations revoke and remake with amendments the Reporting of Prices of Milk Products (England) Regulations 2005 (S.I. 2005/1441).

They implement in England article 6 of Commission Regulation (EC) No 562/2005 (OJ No L 95, 14.4.05, p 11) laying down rules for the implementation of Council Regulation (EC) No 1255/1999 as regards communications between the Member States and the Commission in the milk and milk products sector, as amended from time to time.

Regulation 3 requires milk processors to provide the Secretary of State with such information relating to the prices of certain milk products as the Secretary of State may require by notice. Regulation 4 sets out offences.

A full regulatory impact assessment of the effect of the Reporting of Prices of Milk Products (England) Regulations 2005 on the costs of business was prepared at the time those Regulations were made and is still considered to be accurate. No impact assessment has been produced for this instrument as no new impact on the costs of business is foreseen. Copies of the 2005 assessment can be obtained from the Department for Environment, Food and Rural Affairs, Area 5d, 9 Millbank, c/o Nobel House, 17 Smith Square, London SW1P 3JR. A copy of that assessment has been placed in the library of each House of Parliament.

Footnotes

[^f00001]: S.I. 1972/1811.

[^f00002]: 1972 c. 68.

[^f00003]: Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51).

[^f00005]: S.I. 2005/1441.

Editorial notes

[^key-f2e3de4fbcdd822bb34ccb086207c5ec]: Words in reg. 2 omitted (31.12.2020) by virtue of The Market Measures (Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/824), regs. 1, 3(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-b8e9158f32e4a012621dffe37bf2842a]: Words in reg. 2 substituted (31.12.2020) by The Market Measures (Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/824), regs. 1, 3(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-ee177ab91d94cc3c7bf1ded1200e076d]: Words in reg. 3(1) omitted (31.12.2020) by virtue of The Market Measures (Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/824), regs. 1, 3(3); 2020 c. 1, Sch. 5 para. 1(1)