A
BILL
TO
Make provision for the minimum prices payable to dairy farmers for the
production of milk; to establish minimum distances between intensive dairy
farming operations and the nearest settlements; and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
(1) There shall be a minimum price payable to dairy farmers for milk.
(2)
The minimum price to which reference is made in subsection (1) is advisory
unless an order is made by the Secretary of State under section 2(1).
(3)
5The Secretary of State must, by order, establish the minimum price to which
reference is made in subsection (1)—
(a) not less than every 6 months;
(b) taking into account the factors in subsection (4); and
(c)
to ensure that the minimum price exceeds the cost of production for
10milk for a typical dairy farmer in the United Kingdom by at least 30%.
(4) The factors to which reference is made in subsection 3(b) are—
(a) the need to ensure food security;
(b) the need to preserve the British dairy industry; and
(c) the need to encourage and reward the maintenance of the environment.
(5)
15The Secretary of State may by regulations make provision as to the
characteristics of a typical dairy farmer in the United Kingdom for the
purposes of subsection (3).
(1)
The Secretary of State may by order prescribe the minimum price payable to
20dairy farmers for milk established in accordance with section 1 as the price
below which milk may not be purchased.
Dairy Farming BillPage 2
(2)
If an order is made under subsection (1), it shall be an offence punishable on
summary conviction by a fine not exceeding level 5 on the standard scale to
purchase milk for an amount below the minimum price payable to dairy
farmers for milk established in accordance with section 1.
(1) All dairy products sold in England must—
(a)
if containing or manufactured from milk for which a price was paid
equal to or in excess of the minimum price payable to dairy farmers for
milk established in accordance with section 1, bear a mark known as the
10“Fair Milk Mark”;
(b) otherwise bear no such mark; and
(c)
indicate the country of origin from which they originated or, if more
than one country, the principal country from which they originated
(saving always that dairy products originating from the European
15Union may so indicate without specifying their country of origin).
(2)
The Secretary of State may by regulations make provision as to the design and
use of the Fair Milk Mark.
(3)
It shall be an offence punishable on summary conviction by a fine not
exceeding level 4 on the standard scale to sell any dairy product bearing the
20Fair Milk Mark which is not entitled to bear that mark.
The Secretary of State must enter into discussions with Ministers in Wales,
Scotland and Northern Ireland for the purposes of ensuring the establishment
of a minimum price payable to dairy farmers for milk in the United Kingdom.
(2)
25The Secretary of State must lay before both Houses of Parliament not later than
31 December 2012, and every six months after that date until the discussions
are successfully concluded, a report on the discussions conducted in
accordance with subsection (1).
(1)
30The Secretary of State must enter into discussions with the European
Commission for the purposes of ensuring the establishment of a minimum
price payable to dairy farmers for milk in the European Union.
(2)
The Secretary of State must lay before both Houses of Parliament not later than
31 December 2012, and every 6 months after that date until the discussions are
35successfully concluded, a report on the discussions conducted in accordance
with subsection (1).
(1)
There must be a minimum separation zone between intensive dairy farming
operations and the closest settlement.
(2) 40The minimum separation zone in subsection (1) is the greater of—
(a) five miles; and
Dairy Farming BillPage 3
(b)
such other distance as the Secretary of State may prescribe by order,
taking into account the factors identified at section 1(4).
(3) For the purposes of this section—
“intensive dairy farming operation” is a dairy farm or dairy farming
5operation with more than 2,000 cows;
“settlement” is any settlement consisting of five or more dwellings within
one mile of one another.
(4)
Nothing in this section shall affect any intensive dairy farming operation
which commenced operations prior to the commencement of this Act.
Orders and regulations made by the Secretary of State under this Act are to be
made by statutory instrument and are subject to annulment in pursuance of a
resolution of either House of Parliament.
15There shall be paid out of money provided by Parliament—
(a)
any expenditure incurred under or by virtue of this Act by the Secretary of
State, and
(b)
any increase attributable to this Act in the sums payable under any other Act
out of money so provided.
(1) This Act may be cited as the Dairy Farming Act 2011.
(2) This Act comes into force on 1 January 2012.
(3) This Act extends to England and Wales only.