FOOD Citation and commencement 1 These Regulations may be cited as the Milk and Dairies (Semi-skimmed and Skimmed Milk) (Heat Treatment) (Scotland) Regulations 1988, and shall come into force on 1st January 1989. Interpretation 2 1 In these Regulations, unless the context otherwise requires — “ the Act ” means the Food and Drugs (Scotland) Act 1956; “approved bactericidal agent” means a chemical agent approved by the Secretary of State; “bulk container” means any container, other than a retail container; “bulk milk” means milk which is not packed or made up in advance in the bottle or other container in which it is to be supplied to the consumer; “consumer” means any person to whom milk is supplied and who neither sells it nor uses it in the manufacture of milk products for sale; “local authority” means an islands or district council; “milk” means cows milk intended for sale or sold for human consumption, but does not include such milk intended for manufacture into products for sale for human consumption; “milk processor” means any person who pasteurises, sterilises or treats milk by the ultra high temperature method; “milk purveyor” includes any person who sells milk, whether wholesale or by retail; “raw milk” means milk which has not been treated by heat; “retail container” means a bottle or other container which has a capacity of not more than 5 litres; “sell” includes offer or agree to sell or expose for sale; and “sold” shall be construed accordingly; “semi-skimmed milk” means milk the fat content of which has been brought to at least 1.50 per cent and at the most 1.80 per cent calculated by weight; “skimmed milk” means milk the fat content of which has been brought to not more than 0.30 per cent calculated by weight. 2 Any reference in these Regulations to a numbered regulation or Schedule shall, unless the context otherwise requires, be construed as a reference to the regulation or Schedule so numbered in these Regulations. Heat treatment of semi-skimmed and skimmed milk 3 1 Subject to paragraphs (3) and (4) of this regulation, no person shall sell any semi-skimmed milk or skimmed milk unless the requirements specified in paragraph (2) of this regulation are satisfied. 2 The requirements to be satisfied are — a the general requirements of Schedule 1 in connection with the heat treatment of semi-skimmed milk and skimmed milk; b such of the special requirements as are applicable of Part I, II or III of Schedule 2 in relation to and in connection with such heat treatment by pasteurisation, sterilisation or the ultra high temperature method respectively; c the requirements of Schedule 3 as to sampling; d such of the requirements as are applicable of Part I, II, III or IV of Schedule 4 as to the testing of samples. 3 Where semi-skimmed milk or skimmed milk is brought into Scotland from England, Wales or Northern Ireland, the requirements of Schedule 1 and any Part of Schedule 2 in relation to that milk shall, so far as they would relate to anything to be done before that milk enters Scotland, be deemed to be satisfied if the corresponding requirements of legislation having effect for the time being in England and Wales or Northern Ireland (as the case may be) in relation to the heat treatment of that milk are satisfied. 4 Paragraph (2)(b), (c) and (d) of this regulation shall not apply to the sale of semi-skimmed milk or skimmed milk to a milk processor for heat treatment in accordance with these Regulations. Enforcement 4 1 The local authority of any area shall enforce and execute the provisions of these Regulations within their area. 2 Every local authority shall give such assistance and information to any other local authority as that other local authority may reasonably require for the purpose of carrying out their duties under these Regulations. Penalties 5 If any person contravenes or fails to comply with any of the provisions of regulation 3, he shall be guilty of an offence and shall be liable — a on summary conviction to a fine not exceeding the statutory maximum; b on conviction on indictment to a fine or to imprisonment for a term not exceeding one year or both. Application of various sections of the Act 6 1 Without prejudice to the provisions of the Act which specifically apply in respect of regulations made thereunder, sections 41(2) (which relates to proceedings) and 42(1), (2) and (3) (which relates to evidence of sampling and certificates of analysis) of the Act shall apply for the purposes of these Regulations as if references therein to proceedings under or taken under the Act included references to proceedings for an offence under these Regulations. 2 Section 31(6) of the Act shall apply for the purposes of these Regulations as if the reference therein to an offence against the Act included reference to an offence under these Regulations. 3 Section 42(2) of the Act shall apply for the purposes of these Regulations as if the reference therein to a document stating that the provisions of the Act with respect to the manner in which samples are to be dealt with were complied with included a reference to a document stating that such provisions of these Regulations were complied with. Importation of Milk (Scotland) Regulations 1988 7 These Regulations apply to imported milk, except in so far as specifically provided in paragraph 4 of Schedule 3 to the Importation of Milk (Scotland) Regulations 1988 . Revocations 8 The Regulations specified in Schedule 5 are hereby revoked. Sanderson of Bowden Minister of State, Scottish Office St Andrew’s House, Edinburgh 14th December 1988