Condensed Milk and Dried Milk (amendment) Regulations

The Condensed Milk and Dried Milk (England) (Amendment) Regulations 2008 came into force on 22 February 2008. These Regulations amend the Condensed Milk and Dried Milk (England) Regulations 2003 and will permit the standardisation of protein content of preserved milks – ie powdered/dehydrated, evaporated and condensed milks. Preserved milks are primarily intended for reconstitution with water to result in a product similar to fresh liquid milk and are also used as an ingredient in numerous food products.

The protein content of milk varies according to season and diet of the cattle. Prior to this amendment, modifying the content of preserved milk was not allowed under EU law. As milk produced in the EU tends to have a higher protein content than milk produced in countries outside the EU, this has placed EU producers at an economic disadvantage as they have had to sell preserved milk with its higher natural protein content than non-EU producers to third party countries at the same price. The average protein level of milk in the UK from August 2006 – August 2007 inclusive, was 37.5%. Thus, the ability provided by this amendment to standardise this to a standard value of 34% is particularly important when considering the UK export market for preserved milks such as milk powders. Furthermore, the ability to remove protein from preserved milks will also benefit the UK industry as milk protein is a high value commodity and any protein extracted can be used to manufacture other dairy produce, thus providing an additional revenue stream for the dairy industry.

The Condensed Milk and Dried Milk (England) (Amendment) Regulations 2008 can be found at: http://www.opsi.gov.uk/si/si2008/uksi_20080085_en_1.

For more information, please contact John Mitchell, partner in Blake Lapthorn's Food law team on 023 8085 7231 or email john.mitchell@bllaw.co.uk.