1996 No. 1699
FOODMILK AND DAIRIES
The Dairy Products (Hygiene) (Amendment) Regulations 1996
Made 21st June 1996
Laid before Parliament 1st July 1996
Coming into force 22nd July 1996

The Minister of Agriculture, Fisheries and Food, the Secretary of State for Health and the Secretary of State for Wales, acting jointly, in relation to England and Wales, in exercise of the powers conferred on them by sections 6(4), 16(1) and (3), 17(1), 18(1), 19, 26 and 48(1) of, and paragraph 5 of Schedule 1 to, the Food Safety Act 1990 and of all other powers enabling them in that behalf, after consultation in accordance with section 48(4) of the said Act with such organisations as appear to them to be representative of interests likely to be substantially affected by the Regulations, hereby make the following Regulations —
1990 c. 16; “the Ministers” is defined in section 4(1) of the Act; section 6(4)(a) was amended by the Deregulation and Contracting Out Act 1994 (c. 40), Schedule 9, paragraph 6.

1 Title, commencement and extent
1 These Regulations may be cited as the Dairy Products (Hygiene) (Amendment) Regulations 1996 and shall come into force on 22nd July 1996.
2 These Regulations shall apply to England and Wales.

Amendment of the Dairy Products (Hygiene) Regulations 1995
2 The Dairy Products (Hygiene) Regulations 1995 shall be amended in accordance with regulations 3 to 13 below.
S.I.1995/1086.
3 In regulation 2 (interpretation) —
(a) in paragraph (l) —
(i) after the definition of “collection centre” there shall be inserted the following definitions —

““Commission Decision 95/165” means Commission Decision 95/165/EC establishing uniform criteria for the grant of derogations to certain establishments manufacturing milk-based products;
“Commission Decision 95/340” means Commission Decision 95/340/EC drawing up a provisional list of third countries from which Member States authorise imports of milk and milk-based products and revoking Decision 94/70/EC, as amended by Commission Decision 96/106/EC;;”

OJNo. L108, 13.5.95, p.84.
OJNo. L200, 24.8.95, p.38.
OJNo. L24, 31.1.96, p.34.
(ii) for the definition of “EEA State” there shall be substituted the following definition —

““EEA State” means a State which is a Contracting Party to the EEA Agreement but does not include Iceland;”

;
(iii) in the definition of “limited production” there shall be substituted for the words “300,000 litres” the words “2 million litres”;
(iv) the definition of “low capacity dairy establishment” shall be omitted;
(v) after the definition of “registration” there shall be inserted the following definition —

““risk analysis principles” means the principles referred to in Article 14(1) of Council Directive 92/46;”

;
(b) in paragraph (2) there shall be inserted at the end the words “and Commission Decisions 95/165 and 95/340”.
4 In regulation 3 (exemptions), there shall be substituted for paragraph (3) the following paragraph —

“3 Notwithstanding the exemption in paragraph (2) above, the requirements of —
(a) Parts II to IV of Schedule 6 (as read with regulation 9(1)(d) and (6)) shall apply in relation to the handling in and sale from any catering establishment or shop premises of any heat-treated cream;
(b) regulation 9(9) and Parts V and VI of Schedule 6 shall apply in relation to the handling in and sale from any catering establishment or shop premises of any ice-cream; and
(c) regulation 12 shall apply in relation to any catering establishment or shop premises selling drinking milk which is raw cows' milk;
and the other provisions of these Regulations shall apply to the extent necessary for the enforcement of those requirements.”

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5 In regulation 6 (approvals) —
(a) in paragraph (1)(b) there shall be substituted for the words “paragraph (3)(a) or (9) below” the words “this regulation”;
(b) there shall be substituted for paragraph (9) the following paragraphs —

“9 Notwithstanding that a dairy establishment which manufactures milk-based products does not comply with all or any of the requirements of Parts I and II of Schedule 2, the approving authority may approve that establishment as a dairy establishment if the criteria set out in paragraph (9A) below are satisfied.
9A The criteria referred to in paragraph (9) above are —
(a) in the case of an application by the occupier of the dairy establishment for an approval under this regulation, the occupier holds documents which can be used to determine the quantity of milk processed by the establishment during the previous year and can produce these documents for inspection by the approving authority;
(b) the dairy establishment processed during the previous year a quantity of milk of less than 2 million litres or the occupier of, or a person proposing to occupy, the dairy establishment gives an undertaking in writing to the approving authority that the quantity processed annually will not exceed that amount;
(c) the application for an approval under this regulation —
(i) states the name and address of the establishment,
(ii) states the quantity of milk processed by it during the year preceding that in which the application is made or contains an undertaking not to process a quantity in excess of 2 million litres annually,
(iii) states the nature of the documents which can be used to determine the quantity of milk processed by the establishment,
(iv) states the type and quantity of milk-based products manufactured by the establishment during the year preceding that in which the application is made,
(v) specifies those provisions of Parts I and II of Schedule 2 in respect of which exemption is sought,
(vi) contains an undertaking to notify the approving authority immediately in writing where the establishment, having been approved in accordance with paragraph (9) above, processes a quantity of milk in excess of 2 million litres in any year, and
(d) the hygienic conditions of production in the dairy establishment will not be affected.
9B In the case of a dairy establishment approved in accordance with paragraph (9) above, it shall not be necessary for that establishment to comply with those requirements of Parts I and II of Schedule 2 in respect of which it has been exempted under that paragraph if and so long as —
(a) the establishment processes a quantity of milk not exceeding 2 million litres in any year,
(b) the occupier of the establishment produces to the approving authority for inspection, when reasonably requested to do so, documents which can be used to determine the quantity of milk processed by the establishment during the previous year, and
(c) conditions of production in the establishment are hygienic.
9C In paragraphs (9A) and (9B) above, “process” means use for the manufacture of milk-based products, and related expressions shall be construed accordingly.”

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6 In regulation 16 (enforcement and supervision) —
(a) there shall be substituted for paragraph (2) the following paragraph —

“2 The Minister shall enforce and execute —
(a) these Regulations in so far as they relate to the registration or cancellation of registration of any production holding, and
(b) the provisions relating to drinking milk which is raw cows' milk contained in —
(i) regulation 12(2) (as read with regulation 12(1) and regulation 9(1)(d) and (2)(a)), and
(ii) paragraph 2(b) of Part I of Schedule 4 (as read with regulation 9(1)(d) and (2)(a)).”

;
(b) in paragraph (3) there shall be substituted for the words from the beginning to “those premises” the words “For the purposes of paragraph (2) above, the Minister shall carry out such inspection and supervision of any production holding or farm premises”;
(c) in paragraph (4) there shall be substituted for the words from the beginning to “that establishment” the words “For the purposes of paragraph (1) above, each approving authority shall carry out such inspection and supervision of any dairy establishment within its area”.
7 In regulation 21(2) (dairy products from Scotland, Northern Ireland, the Isle of Man and the Channel Islands), there shall be substituted for sub-paragraph (b) the following sub-paragraph —

“(b) shall sell for human consumption any dairy products which have been handled after the specified date in a place to which this regulation applies,”

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8 In regulation 22 (imports from third countries and EEA States), there shall be substituted for paragraph (4) the following paragraphs —

“4 In the case of dairy products produced or manufactured in any third country —
(a) subject to paragraph (4A) below, they shall have been produced or manufactured in a third country included in the list in the Annex to Commission Decision 95/340 or, where part only of that third country is included in the list, in that part, it being indicated in the list (as read with Articles 1 to 3 of that Decision) that importation of dairy products of the type concerned is permitted from that country or, as the case may be, that part;
(b) they shall be accompanied by a health certificate or certificate as specified by Article 23(2)(b) or 25(1) of Council Directive 92/46; and
(c) conditions at least equivalent to those laid down in Chapter II of Council Directive 92/46 for Community production are satisfied.
4A Paragraph (4)(a) above shall not apply in the case of thermised milk or thermised milk products.”

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9 In Schedule 1 (conditions for registration of production holdings) in Part IA (general conditions of hygiene for production holdings), there shall be omitted from paragraph 5 the word “regularly”.
10 In Schedule 4 (requirements for drinking milk) in Part III (heat-treated drinking milk), paragraph 2 shall be amended —
(a) by omitting from the end of sub-paragraph (b) the word “and”;
(b) by inserting at the end the words

“and
(d) have a plate count at 30 degrees C not exceeding 100,000 per ml in any random sampling checks carried out immediately before any second heat-treatment.”

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11 In Schedule 6 (requirements for milk-based products) —
(a) in Part I (microbiological criteria), there shall be substituted in paragraph 9 for the words “cheese made from raw milk, thermised milk or soft cheese” the words “cheese made from raw milk or from thermised milk or in the case of soft cheese”;
(b) in Part II (pasteurised cream), there shall be substituted in paragraph 1 for the words “Pasteurised cream shall be heated —” the words “Pasteurised cream shall be obtained by the cream being heated —”;
(c) in Part III (sterilised cream), there shall be substituted in paragraph 1 for the words “Sterilised cream shall be heated —” the words “Sterilised cream shall be obtained by the cream being heated —”;
(d) in Part IV (ultra heat-treated cream), there shall be substituted in paragraph 1 for the words “Ultra heat-treated cream shall be heated —” the words “Ultra heat-treated cream shall be obtained by the cream being heated —”.
12 In Schedule 10 (labelling and health marking) in Part II (health mark), there shall be inserted in paragraph 4 after the words “legible form and” the words “(except in respect of sub-paragraph (c)(ii) below)”.
13 In Schedule 11 (methods of analysis), paragraph 4 shall be omitted.

14 Amendment of the Food Safety (General Food Hygiene) Regulations 1995
Regulation 3 of the Food Safety (General Food Hygiene) Regulations 1995 shall be amended —
(a) by substituting in paragraph (1) for the words “paragraphs (3) and (4)” the words “paragraphs (3) to (5)”;
(b) by inserting after paragraph (4) the following paragraph —

“5 Notwithstanding paragraph (1)(b), regulations 4 and 5 shall apply to a person carrying on any of the following activities in England and Wales, that is to say the handling in or sale from any catering establishment or shop premises of any heat-treated cream or of any ice-cream; and for the purposes of this paragraph the expressions “catering establishment”, “cream”, “handling”, “heat-treated”, “ice-cream”, “sale” and “shop premises” have the same meaning as in the Dairy Products (Hygiene) Regulations 1995.”

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S.I.1995/1763.
Angela Browning Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food 21st June 1996
Signed by authority of the Secretary of State for Health
Cumberlege Parliamentary Under Secretary of State, Department of Health 11th June 1996
Signed by authority of the Secretary of State for Wales
Jonathan Evans Parliamentary Under Secretary of State, Welsh Office 13th June 1996

(This note is not part of the Regulations)
These Regulations, which apply to England and Wales, amend the Dairy Products (Hygiene) Regulations 1995 (“the principal Regulations”). These Regulations —
(a) implement Article 2 of, as read with Annex B to, Commission Decision 95/165/EC establishing uniform criteria for the grant of derogations to certain establishments manufacturing milk-based products (regulations 3 and 5);
(b) implement Commission Decision 95/340/EC drawing up a provisional list of third countries from which Member States authorise imports of milk and milk-based products and revoking Decision 94/70/EC, as amended by Commission Decision 96/106/EC, and as read with Articles 22 and 23(2)(a) of Council Directive 92/46/EEC laying down the health rules for the production and placing on the market of raw milk, heat-treated milk and milk-based products (OJNo. L268, 14.9.92, p.1) (regulations 3(a) and 8);
(c) make some corrections to the principal Regulations to reflect provisions in Council Directive 92/46/EEC, as amended, relating to heat-treated drinking milk (regulation 10) and the health mark (regulation 12);
(d) clarify the provisions in the principal Regulations relating to risk analysis principles (regulation 3(a)(v)), exemptions (regulation 4) and enforcement and supervision (regulation 6), make a few drafting amendments (regulations 7, 9, 11 and 13) and a consequential amendment (regulation 3(a)(iii)).
In addition, these Regulations amend the Food Safety (General Food Hygiene) Regulations 1995 so that those Regulations apply to a person carrying on the handling in or sale from any catering establishment or shop premises of ice-cream or heat-treated cream in England and Wales (regulation 14).