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PART V

CONDITIONS FOR THE HANDLING AND MARKETING OF DAIRY PRODUCTS

General conditions
9.—(1) Subject to paragraphs (10), (11), (12) and (13) below and regulation 15, no person shall sell for human consumption any raw milk, thermised milk, heat-treated drinking milk, heat-treated milk intended for the manufacture of milk-based products or milk-based products, unless—

(a) it originates from a registered production holding or an approved dairy establishment which complies with the appropriate requirements set out in Schedules 1 and 2;
(b) it complies with the appropriate requirements set out in Schedule 3;
(c) the occupier of the dairy establishment has complied with the provisions of regulation 13 in relation to it;
(d) it complies with the appropriate conditions specified in paragraph (2), (3), (4), (5) or (6) below;
(e) it complies with paragraphs (7), (8), (9), (10), (11) and (12) below, if applicable; and
(f) it complies with regulation 11.
(2) In the case of raw drinking milk, the appropriate conditions to be complied with are that—

(a) in the case of raw cows' milk, those specified in Part I of Schedule 4 and regulation 12; and
(b) in the case if raw ewes' milk or raw goats' milk, those specified in paragraph 2 of Part I of Schedule 4.
(3) In the case of thermised milk, the appropriate conditions to be complied with are that—

(a) it shall be manufactured from raw milk which complies with the requirements of paragraph (1)(a), (b) and (c) above; and
(b) where the thermised milk is intended for the manufacture of milk-based products, it complies with the requirements of Part II of Schedule 5.
(4) In the case of heat-treated drinking milk, the appropriate conditions to be complied with are, that—

(a) it shall be manufactured from raw milk or thermised milk which complies with paragraph (1)(a), (b) and (c) above; or
(b) it shall be manufactured from other heat-treated milk which complies with the appropriate requirements of Part III of Schedule 4; or
(c) it shall be manufactured from a mixture of the milk specified in sub-paragraphs (a) and (b) above.
(5) In the case of heat-treated milk intended for the manufacture of milk-based products, the appropriate conditions to be complied with are those specified in Parts III and IV of Schedule 5.

(6) In the case of milk-based products, the appropriate conditions to be complied with are those specified in Schedule 6 and that it shall be manufactured from—

(a) raw milk or thermised milk which complies with paragraphs (1)(a), (b) and (c) and (3)(b) above, as appropriate;
(b) heat-treated drinking milk which complies with paragraph (4)(b) above; or
(c) heat-treated milk (not being heat-treated drinking milk) which complies with paragraph (5) above.
(7) No person shall sell any cows' milk to any catering establishment without heat-treatment of such milk.

(8) No person shall sell any thermised cows' milk to the ultimate consumer without heat-treatment of such milk.

(9) No person shall sell any ice-cream unless it is pasteurised ice-cream which complies with Part V of Schedule 6 or it is sterilised ice-cream with complies with Part VI of that Schedule.

(10) In the case of any milk which does not satisfy the conditions specified in paragraph 2(a) and (c) of Part I of Schedule 3, it may be sold for human consumption after it has been heat-treated.

(11) In the case of any dairy products which have been handled in an infected area, they may be sold for human consumption if the milk used in the production of such dairy products has been heat-treated.

(12) In the case of cheese with a period of ageing or ripening of at least sixty days and which complies with Part I of Schedule 6, it shall not be necessary for such cheese to—

(a) be prepared in a dairy establishment which complies with the requirements of Parts I and II of Schedule 2;
(b) be made from raw milk complying with paragraphs 2 and 4 of Part II of Schedule 3; or
(c) be wrapped and packaged in accordance with the requirements of Schedule 9.
(13) In the case of milk-based products with traditional characteristics, it shall not be necessary for such products to—

(a) be prepared in a dairy establishment which complies with the requirements of Parts I and II of Schedule 2;
(b) be made from raw milk which complies with the requirements of Parts II and III of Schedule 3;
(c) satisfy the microbiological criteria specified in Part I of Schedule 6; or
(d) be wrapped and packaged in accordance with the requirements of Schedule 9.
(14) In this regulation—

(a) in paragraph (1)(c), "occupier of the dairy establishment" in relation to raw milk purchased by a person for re-sale as described in regulation 13(3), includes the person who purchased that milk for re-sale, and
(b) in paragraph (11), "infected area" has the same meaning as in the Foot and Mouth Disease Order 1983[12].

Methods of analysis
10. For the purposes of these Regulations the methods of analysis and testing of dairy products specified in Schedule 11 shall be used in relation to the requirements referred to in that Schedule.

Storage, transport, wrapping and labelling conditions
11.—(1) Dairy products intended for sale shall—

(a) be handled, stored and transported in accordance with Schedules 7 and 8;
(b) in the case of any heat-treated drinking milk or milk-based products transported in bulk, be accompanied during such transportation by a commercial document as specified in Part III of Schedule 8;
(c) save as specified in regulation 9(12) and (13), be wrapped and packaged in accordance with the requirements of Schedule 9; and
(d) subject to paragraph (4) below and regulation 15, be marked with a health mark and labelled in accordance with the appropriate requirements of Schedule 10.
(2) Any person who receives a consignment of dairy products together with the commercial document referred to in paragraph (1)(b) above, shall keep that document for a period of at least one year after the date of such receipt and make it available for inspection at the request of an authorised officer.

(3) No person shall use on any dairy product which has not been produced in accordance with these Regulations any mark which is not a health mark but which resembles a health mark in such a way as to be likely to suggest that the product has been produced in accordance with these Regulations.

(4) An occupier may until 1st January 1996, use on his dairy products any packaging or wrapping which may not comply with the requirements of Part II of Schedule 10.

Restrictions on the sale of raw cows' milk as drinking milk
12.—(1) No person shall sell drinking milk which is raw cows' milk, except in accordance with the following provisions of this regulation.

(2) An occupier of a registered production holding may sell such milk at or from the farm premises where the animals from which the milk has been obtained are maintained, to—

(a) the ultimate consumer for consumption other than at those farm premises;
(b) a temporary guest or visitor to those farm premises as or as part of a meal or refreshment; or
(c) a distributor.
(3) A distributor may sell such milk—

(a) in the containers in which he receives the milk with the fastenings of the containers unbroken;
(b) from a vehicle which is lawfully used as shop premises; and
(c) direct to the ultimate consumer.

Notes:

[12] S.I. 1983/1950, to which there is an amendment not relevant to these Regulations. back

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Subject:
The Dairy Products (Hygiene) Regulations 1995
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Statutory Instrument 1995 No. 1086
The Dairy Products (Hygiene) Regulations 1995 - continued

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SCHEDULE 4
Regulations 9(2), (4)(b) and 13(1)(b)(iv) and (vi)

REQUIREMENTS FOR DRINKING MILK

PART I

RAW MILK FOR DRINKING

1. Subject to paragraph 2 below, drinking milk which is raw cows' milk shall meet the following standards after wrapping:
Plate count at 30° (per ml) <=50,000 calculated on the basis of a geometric average over a period of two months, with at least two samples a month.
Staphylococcus aureus (per ml) n = 5, c = 2, m = 100, M = 500
Salmonella spp Absence in 25ml, n = 5, c = 0

Pathogenic micro-organisms and their toxins shall not be present in quantities such as to affect the health of the ultimate consumer.

2. Drinking milk which is—

(a) raw ewes' or goats' milk; or
(b) raw cows' milk which is sold directly to the ultimate consumer by a producer of raw milk,shall meet the following standards:
Plate count at 30° (per ml) <= 20,000
Coliforms (per ml) < 100

3. Where raw milk has not passed through a milk collection centre, it shall be transferred from one tank to another under hygienic conditions.

PART II

RAW MILK FOR HEAT-TREATMENT

1.—(1) Raw milk, at the time of its acceptance at a treatment establishment, unless treated within 4 hours of acceptance, shall be cooled to a temperature not exceeding 6°C and maintained at that temperature until heat-treated.

(2) Where raw cows' milk is not treated within 36 hours of acceptance at a treatment establishment, a further test shall be carried out on such milk before it is heat-treated. If it is found by means of a direct or indirect method that the plate count of that milk at 30°C exceeds 300,000 per ml, then such milk shall not be used for the production of heat-treated drinking milk.

PART III

HEAT-TREATED DRINKING MILK

1. Heat-treated drinking milk shall not contain—

(a) any pharmacologically active substance in a quantity higher than the limits laid down in Annex I and III of Council Regulation (EEC) No. 2377/90[28] as amended[29] nor contain any combination of such substances in excess of a value to be fixed in accordance with that Council Regulation: or
(b) any added water.

2. In addition to complying with paragraph 1 above, pasteurised milk shall—

(a) have been obtained by means of a heat-treatment involving a high temperature for a short time (at least 71.7°C for 15 seconds or any equivalent combination) or a pasteurisation process using different time and temperature combinations to obtain an equivalent effect;
(b) show a negative reaction to the phosphatase test and a positive reaction to the peroxidase test using the methods of analysis specified in paragraph 2 of Schedule 11 and in the case of high temperature pasteurised milk, show a negative reaction to both tests and be labelled as "high-temperature pasteurised"; and
(c) meet the following microbiological standards in any random sampling checks carried out in the treatment establishment:
Pathogenic micro-organisms Absence in 25g, n = 5, c = 0
Coliforms (per ml) n = 5, c = 1, m = 0 M = 5
Plate count at 21° (per ml) after incubation at 6° for five days. n = 5, c = 1, m = 5 × 104, M = 5 × 105

3. In addition to complying with paragraph 1 above, sterilised and UHT milk shall, after it has spent fifteen days in a closed container at a temperature of 30°C or where necessary, seven days in a closed container at a temperature of 55°C, meet the following standards—

(a) be organoleptically normal;
(b) not show any sign of deterioration; and
(c) have a plate count at 30°C <= 100 per ml.

4. In addition to complying with paragraphs 1 and 3 above, sterilised milk shall have been heated and sterilised either in a hermetically sealed wrapping or container, the seal of which shall remain intact during such heat-treatment, or by use of the continuous flow process.

5. In addition to complying with paragraphs 1 and 3 above, UHT milk shall—

(a) be obtained by applying heat to a continuous flow of raw milk entailing the application of a high temperature for a short time (not less that 135°C for not less than a second) so that all residual spoilage micro-organisms and their spores are destroyed, but the chemical, physical and organoleptic changes to the milk are minimal;
(b) be placed immediately after completion of the heat-treatment process in aseptic opaque containers, or containers made opaque by the packaging; and
(c) in cases where it is obtained from a heat-treatment process which employs the direct contact of milk and steam, the steam shall be obtained from potable water. Such steam shall not leave deposits of foreign matter in the milk or affect it adversely. The use of this process shall be so as not to cause any change in the water content of the treated milk.

6. Pasteurised milk which has been subjected to high-temperature pasteurisation, UHT milk or sterilised milk may be produced from raw milk which has undergone thermisation or an initial heat treatment in another processing or treatment establishment provided that—

(a) the initial treatment shall have had a time-temperature combination which is lower than or equivalent to the pasteurisation process specified in paragraph 2 above;
(b) milk which has undergone the initial treatment shall have shown a positive reaction to the peroxidase test, using the method of analysis specified in paragraph 2 of Schedule 11, before the second heat-treatment; and
(c) such practice is brought to the attention of the approving authority.

7. Pasteurised milk may be produced from raw milk which has undergone only initial thermisation in accordance with the same conditions specified in paragraph 6 above.

8 The definition of the symbols specified in paragraph 3 of Part II of Schedule 3 shall apply for the purposes of the tables in paragraph 1 of Part I, and paragraph 2 above of this Part.

Notes:

[28] OJ No. L224, 18.8.90 p.1. back

[29] Relevant amending instrument is Commission Regulation (EC) No. 2701/94 (OJ No. L287, 8.11.94, p.7) which contains consolidated texts of Annexes I, II, III and IV to Council Regulation (EEC) No. 2377/90. back