Citation, commencement and extent

1.–(1) These Regulations may be cited as the Condensed Milk and Dried Milk (Scotland) Amendment Regulations 2008, and come into force on 22nd February 2008.

(2) These Regulations extend to Scotland only.

Amendment of the Condensed Milk and Dried Milk (Scotland) Regulations 2003

2. The Condensed Milk and Dried Milk (Scotland) Regulations 2003(4) are amended in accordance with regulations 3 and 4.

3. In regulation 2 (interpretation), the word "directly" is omitted from the definitions of "partly dehydrated milk" and "totally dehydrated milk".

4. In the Notes to Schedule 1 (partly or wholly dehydrated preserved milk products and their reserved descriptions)-

(a) for Note 1 substitute the following-

"1. Without prejudice to the compositional requirements set out in the table above, the protein content of milk may be adjusted to a minimum content of 34% by weight (expressed on fat-free dry matter) by the addition and/or withdrawal of milk constituents in such a way as not to alter the ratio of whey protein to casein in the milk being adjusted.".

(b) for Note 2 substitute the following-

"2. Authorised additions and raw materials:

(a) Any designated product may contain any substance permitted pursuant to Council Directive 89/107/EEC on the approximation of laws of Member States concerning food additives authorised for use in foodstuffs intended for human consumption(5) and vitamins and minerals in accordance with the requirements of Regulation (EC) No. 1925/2006 of the European Parliament and of the Council on the addition of vitamins and minerals and of certain other substances to foods(6).

(b) Authorised raw materials for protein adjustment purposes referred to in Note 1 are as follows:

(i) Milk retentate, which is the product obtained by concentrating milk protein by ultra filtration of milk, partly skimmed milk or skimmed milk;

(ii) Milk permeate, which is the product obtained by removing milk proteins and milk fat from milk, partly skimmed milk or skimmed milk by ultra filtration; and

(iii) Lactose, which is a natural constituent of milk normally obtained from whey with an anhydrous lactose content of not less than 99.0% m/m on a dry basis. It may be anhydrous or contain one molecule of water of crystallisation or be a mixture of both forms.".

(c) at the beginning of Note 4 insert "Without prejudice to Regulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin(7)".

Consequential amendments

5. In the Colours in Food Regulations 1995(8), in paragraph 6 of Schedule 2, after the words "Directive 2001/114/EC" add the words "as amended by Directive 2007/61/EC(9)".

6. In the Miscellaneous Food Additives Regulations 1995(10), in column 1 of Schedule 7, after the words "Partially dehydrated and totally dehydrated milk as defined in Directive 2001/114/EC" add the words "as amended by Directive 2007/61/EC(11)".

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which extend to Scotland only, implement Council Directive 2007/61/EC by amending the Condensed Milk and Dried Milk (Scotland) Regulations 2003 ("the Principal Regulations").

The Regulations amend the definitions of partly dehydrated milk and totally dehydrated milk in the Principal Regulations (regulation 3).

The Regulations make amendments to the Notes to Schedule 1 of the Principal Regulations (regulation 4). Those amendments relate to the adjustment of protein content of partly dehydrated milk and totally dehydrated milk, the materials that can be used for adjusting protein content and the substances that can be added to these milks.

The Regulations make consequential amendments to the Colours in Food Regulations 1995 and the Miscellaneous Food Additives Regulations 1995 (regulations 5 and 6).

A full regulatory impact assessment of the effect that these Regulations will have on business costs has been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Food Standards Agency, 6th Floor, St Magnus House, 25 Guild Street, Aberdeen, AB11 6NJ.