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Distributor Licensing Regulations

made under Section 9 of the

Dairy Industry Act

S.N.S. 2000, c. 24

N.S. Reg. 320/2011 (December 14, 2011)


Citation

1     These regulations may be cited as the Distributor Licensing Regulations.


Definitions

2     In these regulations,

 

“distributor licence” means a licence to carry on the business of distributing fluid milk products issued to a distributor by the Council as a licensing authority appointed under Section 19 of the Act;

 

“registered labels” means labels on fluid milk product containers that are approved and registered by the Canadian Food Inspection Agency;

 

“total litres of Class 1 milk sold in the Province” means the total litres of Class 1 milk sold by a distributor in the Province, including Class 1 products imported into the Province, but excluding Class 1 products processed in the Province and sold outside the Province;


Fluid milk products to be obtained from licensed distributor

3     A person or entity must not obtain fluid milk products for resale or distribution from any distributor who does not hold a valid distributor licence.


Applying for distributor licence

4     (1)    A person may apply to the Council for an initial distributor licence by submitting a completed licence application on a form provided by the Council.

 

       (2)    An application under subsection (1) must be signed by the applicant and contain at least all of the following information:

 

                (a)    the application date;

 

                (b)    the following information about the applicant:

 

                         (i)     any business name and Nova Scotia Joint Registry of Stocks [Registry of Joint Stock Companies] number,

 

                         (ii)    mail and civic addresses for all distribution locations,

 

                         (iii)   telephone, fax and email address;

 

                (c)    an outline of the applicant’s proposed distribution plan including:

 

                         (i)     the areas in which the applicant will distribute fluid milk products,

 

                         (ii)    the categories and volumes of fluid milk products the applicant will distribute,

 

                         (iii)   any other provinces in which the applicant will distribute fluid milk products, and

 

                         (iv)   any information the Council considers necessary to assess your [the applicant’s] plan.


Renewing distributor licence

5     (1)    A distributor may apply to the Council to renew their distributor licence by submitting a completed licence renewal application form provided by the Council.

 

       (2)    If a distributor does not request changes to the terms and conditions of their distributor licence, the Council may decide an application to renew a licence without recommendations from the Board.

 

       (3)    If a distributor requests changes to the terms and conditions of their distributor licence, the Council must forward the licence renewal application to the Board for its recommendation.

 

       (4)    The Board must make a recommendation on any application forwarded to it by the Council.

 

Distributor licence term

6     A distributor licence is valid for a term of 3 years.


Distributor licence not transferable

7     A distributor licence is not transferable.


Distributor fees for Council services

8     (1)    A distributor must pay the Council a fee of $0.016/hL for Council services based on the total litres of Class 1 milk sold in the Province during each calendar month.

 

       (2)    A distributor must pay the fees required by subsection (1) no later than

 

                (a)    25 days after the end of the month, for a distributor with more than 500 000 total litres of Class 1 milk sold in the Province during a calendar year;

 

                (b)    60 days after the end of the calendar year, for a distributor with less than 500 000 total litres of Class 1 milk sold in the Province during a calendar year.


Conditions of distributor licence

9     In addition to any conditions imposed by Council under subsection 7(2) of the Act, it is a condition of every distributor’s licence that the holder must:

 

                (a)    observe, perform and carry out the provisions of the Act, the regulations, all plans, agreements and orders of the Council and the Board;

 

                (b)    comply with the Health Protection Act and regulations under the [that] Act that apply to the dairy industry;

 

                (c)    comply with the Nova Scotia Milk Packaging Stewardship Agreement.

 

                (d)    notify the Council in writing and obtain the approval of Council for any changes proposed for the distributor’s operation;

 

                (e)    notify the Council in writing and obtain the approval of Council for all registered labels that the distributor distributes;

 

                (f)    ensure that fluid milk products are segregated from any other products carried by the distributor’s delivery vehicles;

 

                (g)    for a corporation, ensure no officer, director, employee or person under their control or direction contravenes the Act or its regulations or any law applying to the carrying on of a business distributing fluid milk products.


Distributor licence suspended or cancelled 

10   The Council may suspend or cancel a distributor licence if the holder fails to comply with any applicable law, the Code or any policy adopted by Council.


Distributor licence surrendered to Council

11   A distributor who ceases to carry on business as a distributor must promptly surrender their distributor licence to the Council.