“weight by weight, in relation to a solution, means the weight of the solute relative to the weight of the final solution expressed as a percentage”.

“31 Production of lactose

• “(1) The production of lactose is an eligible industrial activity.

  “(2) The product produced by the production of lactose that must be used as the basis of allocation is the total tonnes of dry-weight lactose that is—

  • “(a) produced by carrying out the eligible industrial activity; and

  • “(b) of saleable quality.

  “(3) For the purposes of this regulation and the Schedule, production of lactose means the separation and drying of lactose from permeate, where—

  • “(a) permeate consists of milk solids in a dilute aqueous solution separated from milk or whey by permeation through ultrafiltration membranes and has a water content that does not exceed 96.5% weight by weight and a milk-derived protein content that does not exceed 0.5% weight by weight; and

  • “(b) the output is lactose that meets the compositional standards of the lactose component of Codex Standard 212-1999 for sugars.

“32 Production of whey powder

• “(1) The production of whey powder is an eligible industrial activity.

  “(2) The product produced by the production of whey powder that must be used as the basis of allocation is the total tonnes of dry-weight whey powder that is—

  • “(a) produced by carrying out the eligible industrial activity; and

  • “(b) of saleable quality.

  “(3) For the purposes of this regulation and the Schedule, production of whey powder means the physical and chemical transformation of whey, which consists of residual water and milk solids following the separation of curd from a milk-based coagulation process (for example, cheese or casein curd manufacture), into whey powder, where the output is whey powder that meets the compositional standards in the Codex Standard 289-1995 for whey powders and has a milk-derived protein content that does not exceed 33% weight by weight on an as-is basis.”