European Communities (Hygienic Production and Placing on The Market of Raw Milk, Heat-Treated Milk and Milk-Based Products) Regulations, 1996.

• Jurisdiction: Ireland
• Citation: IR SI 9/1996
• Year: 1996

S.I. No. 9 of 1996.
EUROPEAN COMMUNITIES (HYGIENIC PRODUCTION AND PLACING ON THE MARKET OF RAW MILK, HEAT-TREATED MILK AND MILK-BASED PRODUCTS) REGULATIONS, 1996.
ARRANGEMENT OF PARAGRAPHS
Paragraph
1. Citation.
2. Operative Date.
3. Definitions.
4. Authorised Officers.
5. Powers of Authorised Officers.
6. Register of Holdings.
7. Registration of Holdings.
8. Inspection of Holdings.
9. Animal Health Checks.
10. Official Veterinarians.
11. Revocation of Registration of Holdings.
12. Register of Treatment and Processing Establishments.
13. Approval of Treatment and Processing Establishments.
14. Health Mark/Approval Number.
15. Register of Centres.
16. Approval of Centres.
17. Approval of Laboratories.
18. Records to be kept.
19. Raw Milk for Human Consumption.
20. Standards for Raw Milk for use in Heat-Treated Milk or Milk-Based Products.
21. Use of Milk which does not meet the requirements of Chapter IV of Annex A.
22. Standards for Heat-Treated Drinking Milk.
23. Production of Heat-Treated Milk from Treatment Establishments that do not comply with all the requirements of Chapters I & V of Annex B.
24. Production of Heat-Treated Milk from Milk which does not comply with all the requirements of Chapter IV of Annex A.
25. Standards for Milk-Based Products.
26. Production of Milk-Based Products from Processing Establishments that do not comply with all the requirements of Chapters I & V of Annex B.
27. Production of Milk-Based Products from Milk which does not comply with all the requirements of Chapter IV of Annex A.
28. 60 Day Cheese.
29. Traditional Products.
30. Approval of Limited Production Establishments.
31. Critical Point Analysis.
32. Hygiene in Transporting and Storing Milk.
33. Commission Inspectors.
34. Non-Milk Constituents.
35. Powers of the Minister.
36. Additional Controls.
37. Appeals Procedure.
38. Imports from Other Member States and Third Countries.
39. Offences.
40. Obstruction of Authorised Officers.
41. Penalties.
42. Proceedings.
43. Prosecutions.
44. Fees.
45. Revocation of S.I. 124 of 1990.
SCHEDULE
Annexes to Regulations
ANNEX A
CHAPTER I
Animal health requirements for raw milk
CHAPTER II
Hygiene of holding
CHAPTER III
Hygiene in milking, the collection of raw milk and its
transport from the production holding to the collection or
standardisation centre or the treatment establishment or
processing establishment — Hygiene of staff
CHAPTER IV
Standards to be met at the time of collection from the
production holding for acceptance of raw milk at treatment
or processing establishments
ANNEX B
CHAPTER I
General conditions for approval of treatment
establishments and processing establishments
CHAPTER II
General conditions of hygiene in treatment establishments
and processing establishments
CHAPTER III
Special requirements for approval of collection centres
CHAPTER IV
Special requirements for approval of standardisation centres
CHAPTER V
Special requirements for the approval of treatment
establishments and processing establishments
CHAPTER VI
Hygiene requirements relating to the premises, equipment
and staff of treatment establishments and processing establishments
ANNEX C
CHAPTER I
Requirements for the manufacture of heat-treated milk and milk-based products
CHAPTER II
Microbiological criteria for milk-based products and drinking milk
CHAPTER III
Wrapping and packaging
CHAPTER IV
Conditions governing health marking and labelling
CHAPTER V
Storage and transport requirements
CHAPTER VI
Health checks and supervision of production
S.I. No. 9 of 1996.
EUROPEAN COMMUNITIES (HYGIENIC PRODUCTION AND PLACING ON THE MARKET OF RAW MILK, HEAT-TREATED MILK AND MILK-BASED PRODUCTS) REGULATIONS, 1996.
I, IVAN YATES, Minister for Agriculture, Food and Forestry, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purposes of giving effect to Council Directive No. 92/46/EEC of 16 June 19921 as amended by Council Directive No. 94/71/EEC of 31 December 19942, Council Directive No. 92/47/EEC of 16 June 19923 and Commission Directive No. 89/362/EEC of 26 May 19894, hereby make the following Regulations:
1 O.J. No. L 268 of 14 September, 1992, P.1
2 O.J. No. L 368 of 31 December, 1994, P.33
3 O.J. No. L 268 of 14 September, 1992, P.33
4 O.J. No. L 156 of 8 June, 1989, P.30
1 O.J. No. L 268 of 14 September, 1992, P.1
2 O.J. No. L 368 of 31 December, 1994, P.33
3 O.J. No. L 268 of 14 September, 1992, P.33
4 O.J. No. L 156 of 8 June, 1989, P.30
	1 Citation.	1. These Regulations may be cited as the European Communities (Hygienic Production and Placing on the Market of Raw Milk, Heat-Treated Milk and Milk-Based Products) Regulations, 1996.
	2 Operative Date.	2. These Regulations shall come into operation on the 15th day of January, 1996.
	3 Definitions.	3. (1) In these Regulations—
"Annex A", "Annex B" and "Annex C" mean, respectively, Annex A, Annex B and Annex C set out in the Schedule to these Regulations;
"approval number" means the reference number referred to in Regulation 14 (1) (a) or 16 (2), as appropriate;
"approved collection centre" means a centre registered in the Register of Approved Milk Collection Centres maintained by the Minister under Regulation 15;
"approved processing establishment" means an establishment registered in the Register of Approved Milk Processing Establishments maintained by the Minister under Regulation 12;
"approved processing establishment with limited production capacity" means an establishment registered in the Register of Approved Limited Capacity Milk Processing Establishments maintained by the Minister under Regulation 12;
"approved standardisation centre" means a centre registered in the Register of Approved Milk Standardisation Centres maintained by the Minister under Regulation 15;
"approved treatment establishment" means an establishment registered in the Register of Approved Milk Treatment Establishments maintained by the Minister under Regulation 12;
"authorised officer" means a person authorised in writing by the Minister under Regulation 4 to exercise for the purposes of these Regulations and the Directives some or all of the functions conferred on an authorised officer by these Regulations in so far as those functions comprise the designated functions of the particular authorised officer;
"the Directives" means Council Directive No. 92/46/EEC of 16 June 1992 as amended by Council Directive 94/71/EEC of 31 December 1994, Council Directive No. 92/47/EEC of 16 June 1992 and Commission Directive No. 89/362/EEC of 26 May 1989;
"the Principal Directive" means Council Directive No. 92/46/EEC of 16 June 1992;
"functions" includes powers and duties;
"health mark" means the mark referred to and meeting the conditions specified in paragraph A of Chapter IV A of Annex C, to the Principal Directive;
"inspections" includes, where the context admits, examinations, tests, checks and analyses, and cognate words shall be construed accordingly;
"Member State" means a Member State of the European Community;
"the Minister" means the Minister for Agriculture, Food and Forestry;
"official veterinarian" means a person who is a veterinary surgeon and who is authorised by the Minister to exercise the powers of an official veterinarian for the purposes of Regulations 9 and 10;
"temporarily authorised milk treatment establishment", and "temporarily authorised milk processing establishment" mean respectively, an establishment referred to in Regulation 23 or 26, as the case may be;
"veterinary surgeon" means a person who is registered in the register established under the Veterinary Surgeons Act, 1931 ;
"production holding" means a production unit operated by a single producer and/or producers acting together at which one or more milk-producing cows, ewes, goats or buffaloes are kept;
"registered holding" means a production holding which is registered in the Register of Milk Production Holdings maintained under Regulation 6;
(2) In these Regulations a reference to any enactment is, save where the context otherwise requires, a reference to that enactment as amended by any other enactment.
(3) In these Regulations—
( a ) a reference to a Regulation is to a Regulation of these Regulations, unless it is indicated that reference to some other enactment is intended, and
( b ) a reference to a paragraph, subparagraph or clause is to the paragraph, subparagraph or clause of the regulation in which the reference occurs, unless it is indicated that reference to some other regulation or provision is intended.
(4) A word or expression that is used in these Regulations and is also used in the Directives has, unless the contrary intention appears, the same meaning in these Regulations that it has in the Directives.
	4 Authorised Officers.	4. (1) There shall be appointed in writing such and so many officers as the Minister thinks fit to be authorised officers for the purposes of some or all of the provisions of these Regulations.
(2) A warrant of appointment as an authorised officer stating the designated functions of such authorised officer for the purposes of these Regulations and the Directives shall be issued to every person appointed under this Regulation and when exercising any function conferred on the person as an authorised officer, the authorised officer shall, if requested by a person affected, produce the warrant to that person or, where appropriate, an identity document issued pursuant to section 17 of the Animal Remedies Act, 1993 (No. 23 of 1993), which relates to this Regulation.
(3) The Minister may at any time terminate an appointment as an authorised officer.
	5 Powers of Authorised...