Jersey R & O 8349
Food and Drugs (Jersey) Law 1966
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MILK AND DAIRIES (GENERAL PROVISIONS) (JERSEY) ORDER 1992
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1.
INTERPRETATION
AND OBLIGATION
2.
REGISTRATION OF PROCESSING
DAIRIES AND OF PROCESSING DAIRYMEN
3.
INSPECTION OF DAIRIES AND
DAIRY FARMS
4.
INSPECTION AND HEALTH OF
CATTLE
5.
GENERAL PROVISIONS RELATING
TO BUILDINGS, WATER SUPPLIES AND THE CARE OF COWS
6.
SPECIAL PROVISIONS APPLICABLE TO THE PRODUCTION OF MILK AND THE
TREATMENT, HANDLING AND STORAGE OF MILK
7.
PROVISIONS WITH REGARD TO
INFECTION OF MILK
8.
GENERAL PROVISIONS FOR PROTECTING MILK AGAINST CONTAMINATION OR
INFECTION
9.
PROVISIONS RELATING TO THE
CLEANSING AND STORAGE OF VESSELS, UTENSILS AND APPLIANCES
10. CONVEYANCE AND DISTRIBUTION OF MILK
11. PENALTIES
12. CITATION AND
COMMENCEMENT
THE PUBLIC HEALTH COMMITTEE, in pursuance
of Articles 29, 30 and 61 of the Food and Drugs (Jersey) Law 1966 (hereinafter referred to as “the Law”)
and after consultation with the Agriculture and Fisheries Committee, hereby
orders as follows –
PART I
INTERPRETATION
AND OBLIGATION
1.-(1) In this Order, unless the contrary
intention appears –
“cowshed” means any building or part of a building or
any shed in which cows are housed;
“dairy” includes a processing dairy;
“dairyman” includes a processing dairyman;
“milking parlour” means any building or part of a
building or any shed in which cows are milked;
“milk product” means any food intended for human
consumption which consists wholly or mainly of milk with or without colouring
matter, flavouring or sweetening and includes butter, cheese, cream, condensed
milk, dried milk, evaporated milk and ice-cream;
“milk room” means any part of a dairy or dairy farm,
not being a milking parlour, in which milk is cooled, processed, handled or
stored or manufactured into milk products;
“notifiable disease” means food poisoning,
gastro-enteritis and a disease notifiable under the “Loi (1934) sur la
Sant‚ Publique”, as amended;
“processing dairy” means –
(a) the
dairy of the Jersey Milk Marketing Board on Prince’s Tower Road in the
parish of Saint Saviour;
(b) any
dairy in which –
(i) milk
undergoes any process of heat-treatment, sterilization, pasteurization,
homogenization, or separation by skimming or otherwise,
(ii) any
milk product is manufactured or produced, or
(iii) milk
or any milk product is packaged or placed in sealed containers of a size and in
a format suitable for retail sale,
but does not include any premises where the milk so processed is,
or the milk products so manufactured or produced are, intended for consumption
exclusively by the occupier of the premises or his family or his employees or
their families;
“processing dairyman” means the Jersey Milk Marketing
Board or any occupier of a processing dairy.
(2) In
this Order, unless the context otherwise requires –
(a) a
reference to an enactment is a reference to that enactment as amended from time
to time and includes a reference to that enactment as extended or applied by or
under another enactment;
(b) a
reference to a Part, Article or Schedule, by number, without further
identification, is a reference to the Part, Article or Schedule of that number
in this Order;
(c) a
reference in an Article or other division of this Order to a paragraph,
sub-paragraph, clause or item by number or letter, without further
identification, is a reference to the paragraph, sub-paragraph, clause or item
of that number or letter contained in the Article or other division of this
Order in which it appears.
2. Every
dairy farmer and dairyman shall take all practicable steps to make the
provisions of this Order known to every person in or about any dairy farm or
dairy in his occupation so far as such provisions impose any duties or
restrictions on that person and so far as they relate to the processes carried
out by that person.
PART II
REGISTRATION
OF PROCESSING DAIRIES AND OF PROCESSING DAIRYMEN
3.-(1) The Committee shall keep a register of
–
(a) persons
carrying on the trade of processing dairyman; and
(b) premises
which are used as processing dairies;
and shall remove from such register the name of any person who
ceases so to trade and the address of any premises which cease to be so used.
(2) Any
person who wishes to be registered as a processing dairyman or to register any
premises as a processing dairy shall make application in writing to the
Committee.
(3) Subject
to the provisions of Article 30 of the Law, the
Committee, on an application in writing by any person carrying on or proposing
to carry on at or from premises (whether or not such premises are occupied by
such person) the trade of processing dairyman or to use premises as a
processing dairy, shall register such person or such premises.
(4) No
person shall carry on the trade of processing dairyman or use any such premises
as a processing dairy unless he or, as the case may be, those premises are registered
in pursuance of this Order.
PART III
INSPECTION
OF DAIRIES AND DAIRY FARMS
4. The
Committee may cause to be made such inspections of –
(a) dairies
and dairy farms; and
(b) persons
in and about dairies and dairy farms who have access to milk, or to churns or
other milk vessels;
as they may consider necessary and proper for the purposes of the
Law and of this Order.
PART IV
INSPECTION
AND HEALTH OF CATTLE
5.-(1) The Committee may –
(a) cause
to be made such inspections of cattle on dairy farms as they may consider
necessary and proper for the purposes of the Law and of this Order; and
(b) cause
the Veterinary Officer to inspect the cattle on any dairy farm for the purpose
of this Order.
(2) Where
the Veterinary Officer has given notice in writing to a dairy farmer of his
intention to inspect the cattle on a dairy farm, the dairy farmer shall cause
such cattle to be confined or secured so that a proper veterinary examination
may be made.
6. The
Veterinary Officer, when making an inspection of cattle for the purpose of this
Order, may –
(a) require
any cow to be milked in his presence;
(b) take
samples of the milk; and
(c) require
that the milk from any particular teat shall be kept separate and take separate
samples thereof.
7. Every
dairy farmer shall maintain a record in written or other visible form of all
cows and heifers from time to time and for the time being owned by him which
shall contain sufficient information as to each cow or heifer to enable her to
be readily distinguished from any other cow or heifer, including her ear mark
as designated by the Royal Jersey Agricultural and Horticultural Society and
recorded in its Herd Book, and he shall, whenever so requested –
(a) produce
that record to the Committee and, in the event of an inspection of his cattle
for the purpose of this Order, to the Veterinary Officer or other person making
that inspection; and
(b) provide
the Committee, the Veterinary Officer or other person with a legible copy of
the record certified by him as a true copy.
PART V
GENERAL
PROVISIONS RELATING TO BUILDINGS, WATER SUPPLIES AND THE CARE OF COWS
8.-(1) Every cowshed on a dairy farm shall be
–
(a) provided
with light and ventilation adequate for the maintenance of the health of the
cows; and
(b) at
all times maintained in good condition and kept clean and tidy.
(2) The
approach and access to any cowshed shall be kept clear of any accumulation of
dung or other offensive matter.
(3) The
conditions in which the cows are kept shall be such as to prevent gross and
avoidable soiling of the animals and dung shall be removed from dung channels
in any cowshed as frequently as is necessary.
(4) Tie-up
stalls shall be kept dry and, if necessary, bedding shall be provided.
(5) Disinfection
of any cowshed shall be so carried out that there is no risk of disinfectant
being introduced into or tainting milk.
(6) No
person shall keep swine or poultry in any cowshed.
(7) No
person shall keep or store in a cowshed any foodstuff liable to harm,
contaminate or taint milk.
9. Every
dairy farmer shall store drugs, pesticides, chemicals and other substances
harmful to cows in a place or places to which cows shall not have access.
10. The
occupier of a cowshed, milking parlour or milk room shall take all steps that
are reasonably practicable to –
(a) prevent
any risk of infestation of the premises by rodents, insects and other pests;
and
(b) eliminate
any rodents, insects or other pests which may from time to time be in or about
the premises.
11.-(1) No person shall use as a milking
parlour, milk room or for the handling, processing or storage of milk, any
building or part of a building which –
(a) is
so situated or constructed as to give rise to the risk of contamination of the
milk;
(b) except
as provided in paragraph (2), is not provided with such windows or such means
of artificial lighting as are necessary to enable the milking of cows and any
other process connected with milk to be conducted in a good and proper light;
(c) (unless
it is a cold store) is not provided with a sufficient number of openings
suitably placed or suitable mechanical ventilation and so used as to secure
that the air therein is kept in a fresh and wholesome condition.
(2) Any
building or part of a building on a dairy farm being used as a milking parlour
or milk room at the commencement of this Order which does not conform with the
requirements of sub-paragraph (b) of paragraph (1) may, notwithstanding its
failure to conform with those requirements, continue to be so used for such
period as the Committee may allow.
12.-(1) All premises used as a milking parlour,
milk room or for the handling or processing of milk shall be provided with a
supply of water suitable and sufficient for the requirements of this Order.
(2) Every
receptacle used for the storage or conveyance of water shall be emptied and
cleansed as often as may be necessary to prevent the pollution of the water and
to maintain it in a suitable condition for the purpose for which it is
required.
(3) The
water supply used for the watering of cows shall, as far as is reasonably
possible, be protected against contamination caused by the drainage of foul
water or otherwise.
13. No
occupier of any building, part of a building or shed shall use it as a milking
parlour unless –
(a) those
parts of the surface of the floor liable to soiling by cows are impervious and
constructed of such material and in such manner as render it practicable to
remove any liquid matter which may fall thereon and to prevent, as far as is
reasonably practicable, the soiling of the cows;
(b) the
floor is so sloped and provided with gutters or channels of some impervious
material so as to ensure that any liquid matter which falls on the floor, or in
the gutters or channels, is thereby conveyed to a suitable drain outside the
building and thence to a suitable place of disposal, but nothing in this
Article shall be deemed to prohibit the practice of providing for the
absorption of such liquid matter into some removable material which is
afterwards disposed of outside the building;
(c) those
parts of the surface of any walls liable to soiling or infection by cows are
impervious and capable of being readily cleansed;
(d) it
is at all times maintained in good condition and kept clean and tidy:
Provided that for the purposes of this Article –
(i) any
building, part of a building or shed being used as a milking parlour at the
commencement of this Order which does not conform with the requirements of this
Article may, notwithstanding its failure to conform with those requirements,
continue to be so used for such period as the Committee may allow;
(ii) in
the case of any building, part of a building or shed which is used as a milking
parlour but not as a cowshed, the floor may be provided with a suitable and
properly trapped internal drain if no other means of drainage is reasonably
practicable; and
(iii) the
requirements of sub-paragraphs (a) and (b) of this Article shall not apply to a
milking parlour which is a movable shed, but that shed shall be moved with
sufficient frequency to avoid the risk of contamination of the milk.
14. The
occupier of any milk room or building or part of a building in which milk is
handled, processed or stored, or is kept or used for the purpose of sale or
manufacture into any milk product for sale, shall –
(a) cause
its interior and its furniture, fittings and equipment to be at all times
maintained in good condition and kept clean and tidy and cleansed as often as
may be necessary to maintain them at all times in a state of thorough
cleanliness; and
(b) except
in the case of a building or part of a building in which milk is solely or
mainly dealt with by way of retail sale –
(i) cause
the floor thereof to be constructed of such material and in such a manner as to
render the surface impervious so that it is practicable to remove any liquid
matter which may fall thereon, and cause such floor to be so sloped as to
convey such liquid matter to a suitable and properly trapped drain;
(ii) cause
the surface of any wall or part of a wall liable to splashing by milk or
otherwise to be smooth and impervious; and
(iii) cause
such floor and any such wall or part thereof to be cleansed with water at least
once in every day.
PART VI
SPECIAL
PROVISIONS APPLICABLE TO THE PRODUCTION OF MILK AND THE TREATMENT, HANDLING AND
STORAGE OF MILK
15. Every
dairy farmer shall cause –
(a) all
equipment and utensils used for milking to be kept at all times clean and in
good physical condition;
(b) every
part of the interior of every milking parlour in his occupation to be kept at
all times in such a state of cleanliness as will prevent contamination of the
milk;
(c) all
dung and other offensive matter to be removed at least once every day from any
milking parlour in his occupation; and
(d) the
access to and immediate vicinity of any milking parlour or milk room to be kept
free from any accumulation of dung or offensive matter.
16. Every
dairy farmer shall cause the following precautions to be taken in connexion
with the milking of cows –
(a) no
dry bedding, hay or other dusty matter shall be moved in the milking parlour
during milking or within half an hour before milking commences in such manner
as to cause risk of contamination of the milk;
(b) the
milking shall be carried out in a good and proper light, whether in the daytime
or in the hours of darkness;
(c) before
beginning to milk a cow, the milker shall remove all dirt on or around the
udder, teats, tail and the adjacent parts of the flanks, groin, abdomen and
thighs of the cow, and the udder and teats shall be kept thoroughly clean
during milking;
(d) the
hands of the milker shall be thoroughly washed and dried before milking and
shall throughout the milking be kept clean, free from contamination and, as far
as practicable, dry;
(e) all
milking stools shall be kept thoroughly clean;
(f) the
foremilk of each cow shall be separately drawn into a receptacle for immediate
visual examination and shall be subsequently discarded in such a manner as to
avoid risk of infection;
(g) any
cow suffering from a clinical udder disease or in whose foremilk any
abnormality is detected shall be –
(i) milked
after the other cows, or
(ii) milked
by a machine not used for the other cows, or
(iii) handstripped,
and in each case, the milk shall be kept separate from the milk of
the other cows and discarded in such a manner as to avoid risk of infection;
(h) a
teat dip or spray shall –
(i) be
of a formula approved by the Committee, and
(ii) not
be applied to a cow in milk except immediately after milking unless otherwise
authorized by the Committee;
(j) as
soon as possible after milking, the milk shall be removed to a milk room and
pending and during removal the milk shall be kept in a covered receptacle:
Provided that –
(a) where
no milk room is available, the milk may be removed to a milk store-room or
other place for the time being approved by the Committee,
(b) where
the milk is intended for use in the manufacture of butter, treated cream or
cheese on the premises where it is produced, that milk may be removed to a room
suitable for that purpose;
(c) the
requirements of sub-paragraph (j) shall not apply in any case where the
Committee has given its approval under Article 23 to the milk being cooled in a
closed container in a milking parlour not used for the housing of cattle where
the cows are milked by means of a mechanical milking appliance and the milk
passes direct from each cow to such container.
17.-(1) Every dairy farmer after milking shall,
without any delay other than that caused by any process of straining or
centrifugalisation to which the milk may be subjected, cause the milk to be
cooled to a temperature not exceeding 6 degrees Celsius.
(2) Every
dairyman on receiving milk at his dairy shall, without delay, cause such milk
to be cooled to a temperature not exceeding 5 degrees Celsius.
(3) Milk
(which for the purposes of this paragraph shall include milk from which any fat
has been removed) shall be maintained at a temperature not exceeding 5 degrees
Celsius from the time of its delivery to a dairy until sale to the consumer
(including any period during which it is held in a shop for sale by retail or
in catering premises), except –
(a) during
the course of any heat treatment and subsequent cooling of the milk;
(b) during
the course of any delivery on sale by retail by a milk roundsman;
(c) in
the case of milk which has been sterilized or undergone ultra heat treatment
and was subsequently placed in a sealed container, during the period that the
container remains sealed; or
(d) after
the beginning of any process of manufacture of a milk product or use of milk as
an ingredient in any food.
PART VII
PROVISIONS
WITH REGARD TO INFECTION OF MILK
18.-(1) Every person having access to milk or to
churns or other milk receptacles in or about any dairy farm or dairy as soon as
he becomes aware that he or any other member of his household is suffering from
any notifiable disease shall notify the dairy farmer or dairyman of the fact
and the dairy farmer or dairyman (as the case may be) shall forthwith notify
the Medical Officer of Health.
(2) Where
the Medical Officer of Health becomes aware that any person having access to
milk or to churns or to other milk receptacles in or about any dairy farm or
dairy is suffering from or has recently been in contact with a person suffering
from any disease liable to cause infection of milk, he shall forthwith notify
the dairy farmer or dairyman (as the case may be) of the fact.
19.-(1) Where the Medical Officer of Health has
cause to suspect that any of the persons in or about any dairy farm or dairy
who have access to the milk or to the churns or other milk receptacles is
suffering from or has recently been in contact with a person suffering from a
disease liable to cause infection of milk or is in such a condition that there
is a danger of his causing the milk to become infected, he may give notice to the
dairy farmer or dairyman (as the case may be) that he considers it necessary to
make an examination of any or all of those persons; and where he gives such
notice that dairy farmer or dairyman and every person concerned shall give to
the Medical Officer of Health all reasonable facilities for making such
examination.
(2) Where
from the result of such examination or otherwise the Medical Officer of Health
is of opinion that the employment of any person is likely to lead to the spread
of any disease, he may give notice in writing to that effect to the dairy
farmer or dairyman (as the case may be) and to the person concerned specifying
the disease in question and requiring that, during a period to be specified in
such notice, the person to whom the notice relates shall not milk cows or
handle vessels used for containing milk or in any way take part in the
production, processing, distribution or storage of milk.
(3) A
person to whom a notice under paragraph (2) relates and any person regarding
whom the dairy farmer or dairyman has received notification, either from the
person himself or from the Medical Officer of Health in accordance with Article
18 shall not, and no dairy farmer or dairyman shall knowingly allow any such
person to, milk cows or handle vessels used for containing milk or in any way
take part in the production, processing, distribution or storage of milk until
the expiry of the period mentioned in the notice, or, as the case may be, until
all danger of communication of disease by means of the milk has ceased.
20.-(1) Where the Medical Officer of Health is
in possession of evidence which satisfies him in respect of any milk supplied
from any dairy farm or dairy that any person is suffering from disease caused
by the consumption of such milk or that such milk is infected with disease
communicable to man, he may by a notice in writing to the dairy farmer or
dairyman concerned, specifying such evidence, require that no milk from that
dairy farm or dairy (as the case may be), or that no such milk therefrom as is
specified, whether by reference to its category or place of origin, or both, in
the notice, shall –
(a) be
sold for human consumption or used in the manufacture of products for human
consumption; or
(b) be
sold or used, unless it has been treated, or, in the case of a sale, is sold
subject to its being treated before consumption, in such a way as to satisfy
the Medical Officer of Health that it may, with safety, be so disposed of.
(2) Where
the Medical Officer of Health, without being in possession of such evidence,
has reasonable grounds for suspecting that any person is so suffering, or that
any milk is so infected, he may, by such notice, specifying the grounds for his
suspicion, make any one or more of the requirements specified in sub-paragraph
(b) of paragraph (1) which are appropriate in the circumstances of the case.
(3) Any
such notice shall –
(a) if
it is served in respect of milk infected or suspected of being infected with a
notifiable disease other than tuberculosis, operate for such period not
exceeding twenty-four hours from the receipt of the notice, as may be specified
in it, but may be renewed for a further period or periods of twenty-four hours,
and
(b) in
any other case, operate until it is withdrawn, and
(c) in
any case, be withdrawn forthwith upon the Medical Officer of Health being
satisfied that the milk in respect of which it was served is no longer likely
to cause disease through infection.
(4) Where
the Medical Officer of Health –
(a) serves
any notice under this Order, he shall forthwith send a copy of it to the
Committee; or
(b) withdraws
any notice served under this Article, he shall forthwith give notice to the
Committee of its withdrawal.
(5) No
person shall sell or use milk contrary to the terms of a notice given by the
Medical Officer of Health under this Article.
PART VIII
GENERAL
PROVISIONS FOR PROTECTING MILK AGAINST CONTAMINATION OR INFECTION
21.-(1) Milk shall not be handled, processed or
stored in any place where it is liable to become contaminated or infected; and,
in particular, it shall not be handled, processed or stored –
(a) in
any room used as a kitchen, scullery, living-room or sleeping-room; or
(b) in
any room or part of a building which communicates directly by door, window or
otherwise with –
(i) any
sanitary convenience, cesspool or receptacle for ashes or other refuse, or a
boiler house or fuel store or a room in which an internal combustion engine is
operated unless the exhaust is discharged into the external air;
(ii) any
room which is used as a sleeping-room or any room which is occupied by a person
suffering from a notifiable disease; or
(c) in
any room or part of a building in which there is any direct inlet to a drain
which is not suitably and properly trapped;
but nothing in this paragraph shall prohibit –
(i) the
deposit or keeping of milk intended for use in the manufacture of butter,
treated cream or cheese on the premises where it is produced, in a room used as
a kitchen;
(ii) the
existence and operation of an electric or gas boiler in a milking parlour or
milk room.
(2) No
article except –
(a) milk
or milk products;
(b) articles
used in connexion with the production, treatment, handling, storage or
distribution of milk or milk products;
(c) ice-cream;
may be deposited in a milk room.
(3) Vessels
containing milk shall be properly covered or the milk shall be otherwise
effectively protected from dust, dirt, flies or other sources of contamination.
(4) No
foul or noxious matter or soiled bed or body clothing shall be conveyed through
any part of a building used for the keeping or storage of milk.
(5) A
milk room shall not be used for any purpose other than –
(a) the
cooling, processing and handling of milk;
(b) the
manufacturing of milk into milk products;
(c) the
storage of milk, milk products or ice-cream; and
(d) the
cleansing and storing of utensils used for milk or milk products:
but nothing in this paragraph shall prohibit the use of a milk room
for cleansing bottles which immediately before cleansing have contained any
food of a kind commonly sold by dairymen.
22.-(1) Every person engaged in the milking of
cows or the distribution or measuring of milk or otherwise having access to
milk or to churns or other milk receptacles shall keep his outer clothing and
person clean at all times when so engaged.
(2) Every
person engaged in the milking of cows or otherwise having access to milk in
open containers, other than a person engaged in the transport or delivery of
milk, shall wear a clean and washable overall and a clean and washable head
covering.
(3) Every
person engaged in the milking of cows or in a milk room shall at all times when
so engaged –
(a) keep
any open cut or abrasion on any exposed part of his person covered with a
suitable waterproof dressing;
(b) refrain
from spitting; and
(c) refrain
from the use of tobacco (including snuff).
(4) The
occupier of all premises where milk is produced, handled, sold or stored shall
provide on those premises facilities for persons mentioned in paragraph (1) to
wash and cleanse themselves, including an adequate supply of soap or other
suitable detergent, nail brushes and clean towels or other suitable drying
facilities and clean water, both hot and cold:
Provided that this paragraph shall not apply in relation to
premises where no milk is kept otherwise than in sealed containers.
(5) The
occupier of every dairy or dairy farm shall provide and maintain thereon, in a
readily accessible position, for the use of all persons engaged in the handling
of milk on or about that dairy or dairy farm suitable and sufficient bandages,
dressings (including waterproof dressings) and antiseptic for first-aid
treatment.
23. No
person shall carry out any process of cooling, bottling, sterilising or
pasteurising milk or any other process connected with milk or keep any appliances
connected with any such process in a milking parlour or in any place where the
milk or appliances would be liable to contamination arising from any cowshed,
stable, manure-heap or otherwise:
Provided that, where the Committee so approves, this Article shall
not be deemed to prohibit the cooling of milk in a closed container in a
milking parlour not used for the housing of cattle where the cows are milked by
means of a mechanical milking appliance and the milk passes direct from each
cow to such container.
24.-(1) No person shall keep any swine or
poultry in any milking parlour or in any room or shed communicating directly
therewith.
(2) No
person shall keep any animal or poultry in any milk room or room in which milk
is processed, handled or stored or in which utensils used in connexion
therewith are kept, or in any room or shed communicating directly therewith.
25. No
person shall use or cause to be used any milk churn otherwise than as a
container for milk where that churn is in use for the purposes of the business
of a dairyman.
PART IX
PROVISIONS
RELATING TO THE CLEANSING AND STORAGE OF VESSELS, UTENSILS AND APPLIANCES
26.-(1) No person shall use, or cause to be
used, for the treatment or handling of milk any receptacle or appliance which
is incapable of being readily cleansed, except a carton or similar
non-returnable container.
(2) No
person shall re-use, or cause to be re-used, for the treatment or handling of
milk any carton or similar non-returnable container.
27.-(1) Every dairy farmer or dairyman shall
ensure that every vessel (including the lid) used for containing milk shall,
immediately before use by him, be in a state of thorough cleanliness and, if he
has reason to believe that since last being used for containing milk, any such
vessel has not been cleansed in accordance with the provisions of this Article
or, subsequent to such cleansing, has been rendered unclean, shall cause the
vessel to be cleansed or recleansed as the case may be, and if he is unable so
to cleanse or recleanse the vessel he shall not use it for containing milk.
(2) Every
dairy farmer or dairyman shall cause any appliance used by him for any purpose
for which it is brought into contact with milk to be cleansed after each use,
disinfected and rinsed with potable water and to be, immediately before each
use, in a state of thorough cleanliness.
(3) All
vessels and appliances shall be cleansed in a place where they are not liable
to become contaminated and after cleansing they shall, when not in use, be
stored in a clean place and shall be protected from dust, dirt and
contamination. Cartons and similar non-returnable containers, bottle-caps and
filter media shall, before use, be stored in a clean place and shall be
protected from dust, dirt and contamination.
(4) Where
milk is filtered, the filter must be cleansed or a new filter element installed
–
(a) before
each milking or other use, and
(b) forthwith
whenever its absorptive capacity is exhausted, and filtering cloths shall not
be used.
(5) Every
dairy farmer dispatching an empty vessel, not being a milk tanker or a milk
bottle, after it has contained milk, shall cause the vessel to be cleansed in
accordance with the provisions of this Article and to be securely closed before
it leaves his dairy farm.
(6) Every
dairyman returning an empty milk tanker, after it has contained milk, shall
cause it to be thoroughly rinsed and securely closed before it leaves his
dairy.
(7) For
the purpose of cleansing or recleansing any milk tanker, vessel or appliance in
accordance with the provisions of this Article –
(a) as
soon after use as is practicable, the milk tanker, vessel or appliance shall be
thoroughly disinfected, washed with or without detergents, rinsed with potable
water and left with an open plug hole and, before it is used again, it shall be
scalded with boiling water or steam or otherwise effectively cleansed with a
chemical agent, approved by the Committee and rinsed with potable water, but
this sub-paragraph shall not be deemed to require that any glass bottle which
is effectively cleansed in a bottle-washing machine shall be scalded with
boiling water or steam or cleansed with any approved chemical agent;
(b) no
chemical agent, other than one approved by the Committee, shall be used as an
alternative to boiling water or steam; and
(c) if
any chemical agent or detergent has been used for cleansing any milk tanker,
vessel or appliance, it shall be rinsed with potable water so as to remove all
traces of the chemical agent or detergent before it is again brought into
contact with milk.
PART X
CONVEYANCE
AND DISTRIBUTION OF MILK
28. Every
person shall cause every milk tanker, vessel or other receptacle (other than a
bottle or carton) in which he despatches milk to comply with the following
requirements:
(a) the
name and address of the consignor of the milk shall be distinctly and legibly
marked on the milk tanker, vessel or other receptacle or on a label properly
and securely affixed to it; and
(b) the
milk tanker, vessel or other receptacle shall be provided with a lid without openings,
which shall be so constructed and fitted as to prevent the access to the milk
of dirt, dust or rain water or the return to the interior of the receptacle of
any milk which may have been splashed above the lid.
29.-(1) Except with lawful authority, no person
shall open any vessel or other receptacle containing milk in the course of
conveyance or distribution or transfer such milk from one receptacle to another
at any place other than a dairy farm or dairy:
Provided that if all practicable precautions are taken to prevent
contamination of the milk by dust or otherwise, this paragraph –
(a) shall
not be deemed to prohibit a dairyman or his employee or agent –
(i) from
transferring milk to a milk tanker from a milk tank on or near a dairy farm;
(ii) from
transferring milk from a milk tanker to another milk tanker; or
(iii) when
taking delivery of milk, from opening a milk tanker, vessel or other receptacle
containing milk for the purpose of checking its contents or from transferring
milk to another receptacle for the purpose of sampling;
(b) shall
not apply when milk is sold otherwise than in bottles or cartons –
(i) on
final delivery on a retail sale; or
(ii) as,
or as part of, a meal or refreshments.
(2) Every
bottle or carton in which it is intended to deliver milk to consumers shall be
filled and closed at a processing dairy; and thereafter, except –
(a) with
lawful authority; or
(b) where
the milk is being sold as, or as part of, a meal or refreshments;
no person shall open the bottle or carton or tamper with any cap or
other device for closing it after it has left the processing dairy and before
the bottle or carton is delivered to the consumer.
30. Every
person engaged in the sale, conveyance or distribution of milk shall use all
practicable precautions for preventing the milk from being unnecessarily
exposed to heat and from being contaminated by dirt, dust, rain water or
otherwise, and in particular –
(a) no
such person shall leave or cause to be left any bottle or carton containing
milk on a public highway except upon final delivery on a retail sale;
(b) every
person who habitually uses any particular place for the deposit of milk to
await collection or further conveyance shall so far as is practicable afford
that place protection from the direct rays of the sun.
31. The
interior of every vehicle when used for the conveyance of milk shall be kept
clean. No live animal or bird or any article likely to contaminate the milk
shall be carried in a vehicle conveying milk and no such vehicle which has been
used for the conveyance of offensive matter shall be used for the conveyance of
milk until that vehicle has been thoroughly cleansed and purified.
32. Every
person who, himself or by his employee, in a street or other place of public
resort, sells, or offers or exposes for sale, milk from a stall, or from a
vehicle, or from a vessel used without a stall or vehicle, shall have his name
and address legibly and conspicuously displayed on the stall, vehicle or vessel
as the case may be.
PART XI
PENALTIES
33. If
any person contravenes or fails to comply with any of the provisions of this
Order he shall be guilty of an offence, and shall be liable to a fine not
exceeding five hundred pounds.
PART XII
CITATION AND
COMMENCEMENT
34. This
Order may be cited as the Milk and Dairies (General Provisions) (Jersey) Order
1992 and shall come into force on the first day of January 1993.
By Order of the Public Health Committee,
R.S. GRAY
Greffier of the States.
4th March 1992