Condensed Milk and Dried Milk (England) (Amendment) Regulations 2008

The main features of Directive 2007/61/EC are:

• protein standardisation – allowing the standardisation of the protein content of preserved milk (dried and condensed milk) in line with internationally agreed standards (CODEX)
• definition of partially and totally dehydrated milk – removal of the word 'directly' from the current definitions
• Council Regulation 1925/2006/EC on the addition of vitamins and minerals and of certain other substances to foods – addition of reference

The Agency in Scotland, Wales and Northern Ireland will be producing a separate amending draft regulations and consultation packages.

The current English legislation must be amended to make the above changes. Member States have been given until 31 August 2008 to amend their own domestic legislation. However, the Agency wishes to bring into force amended domestic legislation as soon as possible, in order to ensure that UK industry benefits from the ability to standardise the protein content of preserved milk.

Due to the relatively straightforward nature of the change to the legislation, which will not have a significant impact on the consumer, we expect these documents to be of primary interest to industry involved in the dairy sector and production of condensed milk and skimmed milk powders, in particular those that are involved in exporting such products internationally.

Particular questions and areas for comment on the impact of the regulations
One-off and any continuing costs due to change in legislation: it would be helpful if your assessment could be as accurate as possible by identifying monetary costs.

Any additional administrative / equipment / training costs, including impact on staffing requirements. (Note that the legislation does not require that any records are kept): if applicable, what these costs are likely to be.

Whether the new legislation will impact on how your business operates generally: for example is your business likely to expand, merge or contract as a result of these amending regulations?

In addition to the above, please provide specific examples of how protein standardisation will affect your business. Protein standardisation is not a mandatory requirement; however, any skimmed milk powder (SMP) which is entered by the UK into the intervention scheme will need to have a minimum protein content of 34%. The intervention price for SMP will also reduce by 2.8% from 2008. Intervention supports the market price by purchasing eligible surplus product, skimmed milk powder in this case, into public intervention storage. Product may also be sold out of intervention for specified end uses when prices are high or there is a shortage on the open market. Traders offer to sell product into or buy product out of intervention at a price related to the intervention price. The scheme is managed by the Rural Payments Agency, an executive agency of Defra.

Are you likely to enter any preserved milk (skimmed milk powder – SMP) into the intervention scheme?

If so, do you believe that the amended legislation will affect your business? Please provide any potential one-off and any continuing costs due to this change in legislation.

This consultation has been prepared in accordance with the HM Government Code of Practice on Consultation, which states that a consultation must follow better regulation best practice, including carrying out an Impact Assessment (Regulatory Impact Assessment in Scotland). The assessment is included in the consultation documents.

We are interested in what you thought of this consultation and would therefore welcome your general feedback on both the consultation package and overall consultation process. If you would like to assist us to improve the quality of future consultations, please feel free to share your thoughts with us by using the consultation feedback questionnaire.

Consultation feedback questionnaire (Word)

Consultation feedback questionnaire (pdf)

In accordance with the FSA principle of openness our Information Centre at Aviation House will hold a copy of the completed consultation. Responses will be open to public access upon request. The FSA will also publish a summary of responses, which may include personal data, such as your full name and contact address details. If you do not want this information to be released, please complete and return the Publication of Personal Data Form. Return of this form does not mean that we will treat your response to the consultation as confidential, just your personal data.

Data protection form (Word)

Data protection form (pdf)

Within three months of a consultation ending we aim to publish a summary of responses received and provide a link to it from this page.

If, after three months, the summary is still not showing, please contact the person who was responsible for the original consultation. Alternatively, you can contact the FSA Consultation Co-ordinator by email: consultationcoordinator@foodstandards.gsi.gov.uk