The Specialist Cheesemakers Association - Best Code of Practice

8.1 Council Directive 92/46/EEC lays down the health rules for milk production and cheesemaking from cows', ewes', goats', and buffaloes' milk intended for human consumption. The Directive is implemented in the UK by:

the Dairy Products (Hygiene) Regulations 1995 as amended;
the Dairy Products (Hygiene) (Scotland) Regulations 1995 as amended;
the Dairy Products (Hygiene) Regulations (Northern Ireland) 1995 as amended.

8.2 While it is possible to make cheese from the milk of many animals, the Regulations apply only to milk from cows, ewes, goats, and buffaloes. If cheese is made in Great Britain from any other type of milk, its production is subject to the requirements of the Food Safety (General Food Hygiene) Regulations 1995. Cows' milk has been and continues to be the major source of raw material for cheese, but the use of milk from other species, especially for specialist products, continues to grow.

8.3 The following sections cover the particular provisions of the Dairy Products (Hygiene) Regulations 1995 which will be of interest to specialist cheesemakers and are not a full summary of the Regulations.

SCOPE OF THE REGULATIONS

8.4 The Regulations cover premises:

producing raw milk from cows, ewes, goats and buffaloes;
making or processing all types of cheese from both unpasteurised and heat treated milk;
from small farmhouse cheesemakers through to large scale dairies packaging, distributing, storing and wholesaling cheese.

8.5 Storage depots and wholesalers are subject to certain storage and transport provisions in the Regulations (time and temperature controls). Catering establishments and retail premises selling cheese are not subject to the Regulations. Such premises are covered by the Food Safety (General Food Hygiene) Regulations 1995.

REGISTRATION/LICENSING OF MILK PRODUCTION HOLDINGS

8.6 In England and Wales all farms producing cows', ewes', goats', or buffaloes' milk need to be registered with the Dairy Hygiene Inspectorate unless they are producing milk solely for their own use. This is a legal requirement. If you are in any doubt as to whether your farm needs to be registered, contact the Dairy Hygiene Inspectorate for advice. In Scotland, milk producers need to be licensed and should contact their local Food Authority for advice. In Northern Ireland, farms need to be licensed by the Department of Agriculture for Northern Ireland.

PHYSICAL ABNORMALITIES IN MILK

8.7 The Regulations (Schedule 1 Part IV 3) require the milker to inspect the appearance of milk at the start of milking an individual animal. If any physical abnormality (e.g., unusual colour, smell, or appearance, blood clots, etc.) in the milk is detected, the milk from that animal must not be allowed to leave the premises and must not be used for human consumption.

FILTERS

8.8 Where milk is filtered, it is a legal requirement (Schedule 1 Part IV 6) that the filter used shall, depending on the type, be changed or cleansed before its capacity for absorption is exhausted. In any case, the filter shall be changed or cleansed before each milking. Reusable filtering cloths must not be used for cows' milk.

ANIMAL HEALTH STANDARDS

8.9 The Regulations (Schedule 3 Part I) require that raw milk should come from animals that meet a number of animal health requirements. In particular, animals must have a good state of health, and should not have an infection of the genital tract with discharge, enteritis, etc., or any udder wound or inflammation likely to affect the milk. They must not show any symptoms of infectious disease communicable to humans through milk (i.e., zoonotic infections), nor should they give the milk any abnormal organoleptic characteristics. Regular veterinary inspections by your private vet should be undertaken to check that your animals meet these conditions.

RECORD KEEPING

8.10 The Regulations (Schedule 1 Part IA) require that each individual cow in a herd is identifiable to an authorised officer. You will need to keep records to make sure you comply with this requirement.

8.11 The Regulations (Regulation 13 (1)(c)) require you to keep records of data produced by recording thermometers on heat treatment equipment for a period of two years (or two months in the case of cheese which cannot be stored at ambient temperatures). During an inspection, enforcement officers will ask to see these records to check that treatment of milk has been carried out correctly. They will also want to ensure that you are using regularly calibrated temperature recording devices.

MICROBIOLOGICAL STANDARDS FOR MILK

8.12 Milk must meet the standards laid down in the Regulations. However, you should note that the SCA recommends its members meet stricter standards for raw milk for cheesemaking than those in the Regulations. Annex C gives details of the standards required for milk to be used in cheesemaking, and standards for cheese. It also lists the standards which the SCA recommends you aim for, and which can be achieved by adherence to good hygiene practices. If you are not producing your own milk, it is your responsibility to test to ensure that your milk supplier meets these standards.

8.13 You will have to meet certain legal requirements for the handling of milk used for the manufacture of cheese. These are laid down in Schedule 5 to the Regulations. Note that it is permissible for temperatures and times specified for treatment of raw milk to be exceeded for technological reasons with the approval of the Food Authority. These reasons will include cases where higher temperatures may be essential to the manufacture of certain cheeses. Your Food Authority can advise on this issue.

EXEMPTION FROM RAW MILK AND CHEESE STANDARDS

8.14 Cheeses with traditional characteristics do not have to be made from raw milk which meets the standards in the Regulations. Nor do such products have to meet the microbiological standards for cheeses in the Regulations. These exemptions apply pending decisions on the need for derogations from these standards. The Regulations will be amended again at a later date to reflect what is agreed. The SCA recommends that all cheese should meet the standards in the Regulations or better them. See Annex C for details of standards and SCA recommendations.

8.15 There is also a separate exemption from the raw milk standards (but not from added water, or residue provisions) for cheeses with an ageing or ripening period of at least 60 days provided they comply with Schedule 6 Part I standards. This could cover some specialist cheeses, e.g., many hard pressed cheeses such as Cheddars, Wensleydale, etc. For further advice contact your Food Authority.

MICROBIOLOGICAL SAMPLING

8.16 Although the Regulations do not require you to have on site laboratory facilities you will need to arrange for microbiological testing with an appropriate laboratory. Care is needed when taking samples, and delivering to the laboratory. Your local Food Authority and the SCA can advise on choosing a suitable laboratory, and how to take and handle samples.

SAMPLING AND TESTING FREQUENCY

8.17 The Regulations do not lay down a frequency for sampling and testing of cheese. Cheesemakers have to be satisfied that the cheese they produce is safe to eat. If hazard analysis has been properly implemented, then microbiological testing will assist in verifying this. The SCA recommends a programme of microbiological testing with a frequency based on risk assessment. It is difficult to suggest a 'rule of thumb', as the frequency of testing will vary according to, amongst other things:

the type of cheese, or different varieties of cheese, produced (high or low risk, and several product lines will require more testing than one);
the size of the operation and the number of consumers potentially at risk;
the number and diligence of staff;
prevailing standards, including the type and condition of equipment used;
previous test results.

RESULTS IN EXCESS OF STANDARDS

8.18 Results in excess of the standards do not automatically indicate that the cheese is unfit for human consumption. However, where there are failures to meet standards particularly for Listeria monocytogenes or Salmonella, the Food Authority should be notified to discuss appropriate action, including withdrawal procedures where necessary, and you should review your controls. Any results exceeding legal maxima will indicate that further investigation into cheesemaking practices is needed to establish how they should be modified in order to produce cheese with lower levels of micro-organisms.

APPROVAL OF CHEESEMAKING PREMISES

8.19 Unless you are making cheese solely for your own use, your cheesemaking premises will need to be approved by your local Food Authority. Farm premises where raw dairy products are sold exclusively direct to the ultimate consumer are exempt from the need to have approval. If you are in doubt about whether your premises need approval, consult your Food Authority for advice.

APPROVAL NUMBER AND HEALTH MARK

8.20 When your premises have been approved, you will be allocated a unique approval number (2 letters and 3 numbers). This approval number must be included on the health mark (the oval mark containing information about the origin of the product), or you must indicate on the health mark where the approval number can be found outside the health mark, e.g., 'for approval number see lid'. Your local Food Authority allocates approval numbers and gives advice on health marking.

8.21 If you move to different premises within your local authority's area, you will be able to retain your approval number provided the new premises are of a suitable standard. However, if you move to a different local authority area you cannot retain your original approval number. You should seek approval from your new authority.

DEROGATIONS FROM STRUCTURAL REQUIREMENTS ETC.

8.22 If you use less than 2,000,000 litres of milk a year to make cheese or other milk products, your establishment may be derogated from some of the structural, etc., requirements of the Regulations (Parts I and II of Schedule 2), provided there is no public health risk. There are similar exemptions (from Parts I and II of Schedule 2) for premises making cheeses with a period of ageing or ripening of at least 60 days. If you do not fall into either of these categories and, for example, you wish to use wooden shelves in direct contact with cheese, MAFF may need to put an application to Brussels for authorisation to grant a derogation. Your local Food Authority can advise you.

ADDITIONAL LABELLING FOR CHEESE MADE FROM RAW MILK

8.23 Cheese must carry any labelling required by the Food Labelling Regulations 1996 and a use-by or minimum durability date. In addition, the Regulations require cheese made from raw milk to show clearly on the label the words 'made with raw milk' up to the point of retail, but not at retail as the Regulations do not apply at that stage.

8.24 You should be aware that the Advisory Committee on Microbiological Safety of Food (ACMSF), an independent advisory body which advises the Government, recommended in June 1995 that cheese made from raw milk from cows and other species be labelled 'made from raw milk' so that consumers can identify it. This is because in its report on verocytotoxin-producing Escherichia coli (VTEC), the Committee was concerned that raw milk may contain organisms such as verocytotoxin-producing Escherichia coli (VTEC), Salmonella, and Campylobacter. The Government accepted the recommendation, and agreed to draw it to the attention of industry. The SCA recommends that raw milk cheeses are clearly labelled as such at all retail outlets.

APPROVAL OR REGISTRATION OF RETAIL PREMISES

8.25 The Regulations do not apply to cheese at retail level such as shop premises and vehicles which sell food to the consumer. However, if retail premises are part of a manufacturing business, or a processing establishment where cheese is treated, processed and wrapped, approval may be required. Contact your Food Authority if you are unsure whether you need approval.

8.26 Businesses selling food in Great Britain may have to register with their local authority under the Food Premises (Registration) Regulations 1991. Contact your local Food Authority for advice, as there are exceptions.

8.27 All retail businesses selling food in Great Britain must comply with the provisions of the Food Safety (General Food Hygiene) Regulations 1995. These lay down standards of basic hygiene. They require businesses to identify and control food safety hazards at each stage of the process of preparing and selling food. They also require businesses to ensure that staff are appropriately trained.

REQUIREMENTS FOR STAFF

8.28 The Regulations (Schedule 2 Part III) require employees on recruitment to a dairy establishment to prove by medical certification that there is no medical impediment to their employment. The medical certificate must be signed by a general practitioner or other medical practitioner (e.g., occupational health doctor), or a qualified occupational health nurse, on the basis of individual interview or assessment by questionnaire. (Department of Health publishes guidelines on 'Food Handlers: fitness to work' - see Useful Publications for details)

REQUIREMENT TO TRAIN STAFF

8.29 The Regulations, and the Food Safety (General Food Hygiene) Regulations 1995, also require businesses to ensure that their staff are appropriately trained. Training should cover hygiene awareness and maintenance of hygienic standards, hazard analysis principles and how to apply them, etc. See Help and advice contacts for addresses of some organisations which administer or run such courses.

OTHER RELEVANT LEGISLATION

8.30 In Great Britain, in addition to complying with the Regulations and with the Food Safety Act 1990, you may also need to comply with other food legislation, such as:

the Food Premises (Registration) Regulations 1991.
the Food Safety (General Food Hygiene) Regulations 1995;
the Food Safety (Temperature Control) Regulations 1995;
the Food Labelling Regulations 1996.

FURTHER ADVICE

8.31 If you need further advice contact your Food Authority. See Useful Publications for details of useful explanatory publications and where to get them.

ENFORCEMENT

8.32 In England and Wales, the Dairy Hygiene Inspectorate (on behalf of MAFF/WOAD) is responsible for:

registration of all milk production holdings in accordance with the Regulations and subsequent checks on registered production holdings;
controls at farm level on sale of raw cows' milk sold for drinking; and
checking plate count and coliform standards for raw cows' drinking milk.
In England and Wales, Food Authorities are responsible for:
approval of dairy establishments under the Regulations;
enforcement of all aspects of the Regulations, except those listed above as the responsibility of the Dairy Hygiene Inspectorate; and
checking records of inspections of animals by a producer's private veterinary surgeon;
food safety and other food hygiene inspections;
labelling.

In Scotland Food Authorities are responsible for licensing and inspection of milk production holdings and approval of cheesemaking establishments. In Northern Ireland responsibility for licensing and inspection of milk production holdings rests with Department of Agriculture for Northern Ireland. Establishments are approved and inspected by local Environmental Services (or in some cases the Department of Agriculture).

Specialist Cheesemakers Association 17 Clerkenwell Green London EC1R 0DP

Tel: 020 7253 2114 Fax: 020 7608 1645 Email: info@specialistcheesemakers.co.uk