Revocation of Agricultural Marketing (Milk) (Jersey) Order 2003

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A decision made (09.08.06) to revoke the Agricultural Marketing (Milk) (Jersey) Order 2003

Subject:	Revocation of the Agricultural Marketing (Milk) (Jersey) Order 2003
Decision Reference:	MD-E-2006-0134		Exempt clause(s):
Type of Report: (oral or written)	Written		Person Giving Report (if oral):
Telephone or e-mail Meeting?	n/a		Report File ref:
Written report – Title	Revocation of the Agricultural Marketing (Milk) (Jersey) Order 2003
Written report – Author (name and job title)	Trevor Le Roux, Director – Consumer Affairs
Decision(s): The Minister has approved the recommendation in the attached report.
Reason(s) for decision: To remove a conflict between two Orders which place regulatory controls on the retail sale of milk.
Action required: Trevor Le Roux to send instructions to the Law Draftsman.
Signature: Senator Philip Ozouf (Minister)		Date of Decision:

Revocation of Agricultural Marketing (Milk) (Jersey) Order 2003

Minister For Economic Development

Repeal of the Agricultural Marketing (Milk) ( Jersey ) Order 2003

1. The Issue

1.1. The above Order has been found to be inconsistent with the Weights and Measures (Prescribed Quantities No. 4) Jersey Order 1991 and action is required to remove the inconsistency.

2. The Facts

2.1. The inconsistency is that Article 4(1) of the 2003 Order provides, inter alia, that a person must not sell by retail any pre-packed milk except in quantities of half a litre or multiples of half a litre. However, this rule does not apply to a sale of pre-packed milk (i) from coin operated automatic machines or (ii) to the Education, Sport and Culture Minister in 189 millilitre containers. (School milk)

2.2. The 1991 Order provides that milk shall be pre-packed only if it is in the following quantities: 1/3 pint, ½ pint, any multiple of half a pint or 200 millilitres, 250 millilitres, 500 millilitres, 750 millilitres, 1 litre, 2 litres or any multiple of 500 millilitres.

2.3. The problem is that whereas the 1991 Order permits sale of pre-packed milk in certain metric and imperial measures, the 2003 Order permits sale of pre-packed milk only in multiples of 500 millilitres.

2.3. A difficulty has arisen recently where Jersey Milk wished to market a 250 millilitre pack of milk which is permissible under the 1991 Order but not under the 2003 Order. There being no reason to apply the more strict provisions of the 2003 Order it was decided to rely on the more flexible 1991 Order and initiate revocation of the 2003 Order.

2.4. The Director of the Rural Economy, Dr Paul Le Miere, who has responsibility for Agricultural Orders, has confirmed he is in full agreement that the 2003 Order should be revoked.

3. Recommendation

3.1. It is recommended that the Minister authorises the Director, Consumer Affairs and Trading Standards to instruct the law draftsman to draft an appropriate revocation Order as soon as possible.

Trevor Le Roux

Director, Consumer Affairs & Trading Standards

Economic Development Department.

2nd August 2006.