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Milk Producer Licensing Regulations

made under clauses 9(f) to (i) of the

Dairy Industry Act

S.N.S. 2000, c. 24

N.S. Reg. 125/2017 (August 21, 2017, effective September 1, 2017)


Table of Contents

Click here to go to the text of the regulations.


Citation

Application

Definition

Board is licensing authority

Eligibility for producer licence

Applying for producer licence

Locations identified in producer licence

Producer may sell only to Board

Producer selling certified organic milk

Milk quality standards and proAction program requirements

Notifying producers of penalties

Conditions of shut-off

Penalty for violating bacteria count, somatic cell count or abnormal freezing point standard

Penalties and other consequences for unnatural inhibitor

Application of penalty when producer operates with multiple farms

Lifting 1st shut-off for violating milk quality standards

Lifting 2nd shut-off for violating milk quality standards

Lifting 3rd shut-off or cancelling licence for violating milk quality standards

Penalties for non-compliance with proAction program

Board review of shut-off

Board may suspend or cancel licence

Procedure for hearing

Transition: milk quality history

Transition: penalty history


Citation

1     These regulations may be cited as the Milk Producer Licensing Regulations.


Application

2     These regulations apply only to producers of cow’s milk.


Definition

3     In these regulations,

 

Abnormal Freezing Point Standard for Cow’s Milk Regulations” means the Abnormal Freezing Point Standard for Cow’s Milk Regulations made under the Act;

 

“Act” means the Dairy Industry Act;

 

“cow” means the mature female of domestic cattle, genus Bos;

 

“director” means a member of the Board of Directors of the Board;

 

“milk production regulations” means the regulations respecting milk production (Schedule 2) made under the Act;

 

“milk quality standards” means all of the following standards:

 

                         (i)     the standards referred to in Sections 56 and 62 of the milk production regulations for bacteria count, somatic cell count and unnatural inhibitors,

 

                         (ii)    the standard referred to in the Abnormal Freezing Point Standard for Cow’s Milk Regulations;

 

“proAction program” means all of the following modules of the Dairy Farmers of Canada proAction program:

 

                         (i)     Food Safety Workbook and Reference Manual, as amended from time to time;

 

                         (ii)    Livestock Traceability Workbook and Reference Manual, as amended from time to time;

 

                         (iii)   Animal Care Workbook and Reference Manual, as amended from time to time;

 

“shut-off” means a penalty described in Section 12 and imposed by the Board on a producer under Section 13, 14 or 19.


Board is licensing authority

4     The Board is the licensing authority referred to in Section 7 of the Act for the issuance of a producer licence.


Eligibility for producer licence

5     For a producer to obtain a producer licence, the operations of the producer’s dairy farm must meet the requirements of all applicable regulations under the Act, including regulations relating to raw milk production, transfer and transportation, and must comply with Board policies.


Applying for producer licence

6     An application for a producer licence must be made to the Board on a form provided by the Board, and must include all of the following information:

 

                (a)    application date;

 

                (b)    dairy farm name and producer name;

 

                (c)    mail and civic addresses for each of the producer’s dairy farm locations;

 

                (d)    phone and fax numbers;

 

                (e)    e-mail address;

 

                (f)    processor and transporter recommendations.


Locations identified in producer licence

7     Each of a producer’s dairy farm locations must be identified in the producer’s producer licence.


Producer may sell only to Board

8     A producer may sell milk only to the Board, and must not sell or offer to sell milk to any other person.


Producer selling certified organic milk

9     (1)    In this Section, “certified organic milk” means milk that is produced by a producer who is certified as meeting organic production standards by an organic certification body recognized by the Board and the Council.

 

       (2)    A producer who wishes to sell certified organic milk must

 

                (a)    provide a copy of their certification on request by the Board; and

 

                (b)    in accordance with the DFNS Organic Milk Policy, sign an Acknowledgment and Undertaking Agreement with the Board.


Milk quality standards and proAction program requirements

10   (1)    Each producer is subject to the milk quality standards and proAction program requirements.

 

       (2)    Each producer must provide proof of their validation under the proAction program to the Board.


Notifying producers of penalties

11   If a producer becomes subject to a penalty under these regulations, the Board must promptly notify the producer of the penalty and of the consequences of further violations.


Conditions of shut-off

12   The milk of a producer who is subject to a shut-off must not be marketed for a period of time or until certain conditions are met, or both, as set out in these regulations.


Penalty for violating bacteria count, somatic cell count or abnormal freezing point standard

13   (1)    A producer is subject to a penalty as set out in subsection (2) if, in any month, a test of the producer’s milk results in any of the following findings and the same result has been found in at least 40% of the tests of the producer’s milk in that month and the 2 previous months:

 

                (a)    a bacteria count higher than the bacteria count standard in Section 56 of the milk production regulations;

 

                (b)    a somatic cell count higher than the somatic cell count standard in Section 56 of the milk production regulations;

 

                (c)    an abnormal freezing point as defined in the Abnormal Freezing Point Standard for Cow’s Milk Regulations.

 

       (2)    The penalty incurred by a producer under subsection (1) is as set out in the following table:


Penalty for Violating Bacteria Count Standard,

Somatic Cell Count Standard or Abnormal Freezing Point Standard

Penalty Instance

Penalty

1st penalty incurred within 12-month period

$3.00/hl*

2nd penalty incurred within 12-month period for violation of same standard

$4.00/hl*

3rd penalty incurred within 12-month period for violation of same standard

$5.00/hl*

4th or subsequent penalty incurred within 12-month period for violation of same standard

$5.00/hl* plus shut-off

(*A monetary penalty applies per hectolitre of all of the producer’s milk sold in the month the producer incurred the penalty.)


Penalties and other consequences for unnatural inhibitor

14   (1)    If a test for unnatural inhibitors under Section 62 of the milk production regulations shows that a producer’s milk contains an unnatural inhibitor,

 

                (a)    any compartment of milk on the tank truck containing the milk that was found to contain an unnatural inhibitor must not be accepted for processing, and the transporter of the milk must dispose of that milk;

 

                (b)    the milk from the producer’s next milking must be tested from the producer’s bulk tank for unnatural inhibitors, and if the milk from that milking is found to contain an unnatural inhibitor, the producer’s milk must not be offered for sale until the Board is satisfied that the milk is free from unnatural inhibitors.

 

       (2)    A producer whose milk is found to contain an unnatural inhibitor is not entitled to be paid for any of their milk that is disposed of under clause (1)(a).

 

       (3)    A producer whose milk is found to contain an unnatural inhibitor is liable to the Board for all of the following:

 

                (a)    all expenses incurred by the Board in disposing of milk under clause (1)(a) and conducting additional testing of the producer’s milk under clause (1)(b);

 

                (b)    an amount calculated in accordance with the formula (TV - PV) × 4(d) price, in which

 

                         (i)     TV is the total volume of milk disposed of,

 

                         (ii)    PV is the volume of milk disposed of from the producer whose milk contained the unnatural inhibitor,

 

                         (iii)   4(d) price is the component price for the 4(d) class of milk under the Milk Pricing Regulations made under the Act.

 

       (4)    Except as provided in subsection (5) with respect to a 2nd, 3rd or subsequent violation within the same month, a producer whose milk is found to contain an unnatural inhibitor is subject to a penalty as set out in the following table:


Penalty for Milk Containing Unnatural Inhibitor

Penalty Instance

Penalty

1st penalty incurred within 12-month period

$3.00/hl*

2nd penalty incurred within 12-month period

$4.50/hl* plus shut-off

3rd or subsequent penalty incurred within 12-month period

$6.00/hl* plus shut-off

(*A monetary penalty applies per hectolitre of all of the producer’s milk sold in the month the producer incurred the penalty.)

 

       (5)    A producer whose milk is found to contain an unnatural inhibitor twice or more in the same month is subject only to the penalty for the most recent instance.


Application of penalty when producer operates with multiple farms

15   If a producer operates with 2 or more dairy farms, a penalty under Section 13 or 14 applies only to the milk from each of the producer’s farms on which the milk quality standards are not met.


Lifting 1st shut-off for violating milk quality standards

16   A producer who incurs a 1st shut-off in a 12-month period for violating milk quality standards remains subject to the shut-off until both of the following have occurred:

 

                (a)    the shut-off has been in place for at least 6 days;

 

                (b)    the producer’s milk meets all of the milk quality standards.


Lifting 2nd shut-off for violating milk quality standards

17   A producer who incurs a 2nd shut-off in a 12-month period for violating the same milk quality standard remains subject to the shut-off until all of the following have occurred:

 

                (a)    the shut-off has been in place for at least 12 days;

 

                (b)    the producer’s milk meets all of the milk quality standards;

 

                (c)    if both shut-offs were incurred under Section 13 for violating one of the standards referred to in that Section, the producer’s farm has undergone a new inspection and meets the requirements of the milk production regulations;

 

                (d)    if both shut-offs were incurred under Section 14 for violating the unnatural inhibitor standard, the producer’s farm has undergone a new validation and the producer has provided the Board with proof that the farm meets the requirements of the proAction program.


Lifting 3rd shut-off or cancelling licence for violating milk quality standards

18   (1)    If a producer incurs a 3rd shut-off in a 12-month period for violating the same milk quality standard, the Board may cancel the producer’s producer licence or impose by order any conditions that the producer must meet before the shut-off is lifted, but the Board must hold a hearing in accordance with Section 22 before cancelling or imposing conditions on the licence.

 

       (2)    A producer who incurs a third shut-off in a 12-month period for violating the same milk quality standard is not entitled to a review of the shut-off under Section 20.

 

       (3)    A producer who incurs a third shut-off in a 12-month period for violating the same milk quality standard remains subject to the shut-off for at least 24 days, unless the Board cancels the producer’s producer licence sooner.


Penalties for non-compliance with proAction program

19   (1)    A producer is subject to a penalty as set out in subsection (2) for failing to comply with the proAction program.

 

       (2)    The penalty incurred by a producer under subsection (1) is as set out in the following table:


Penalty for Non-Compliance with proAction Program

Consecutive Days of Non-Compliance

Penalty

30

$3.00/hl*

60

$4.00/hl*

90

$5.00/hl*

105

shut-off

(*A monetary penalty applies per hectolitre of all of the producer’s milk sold in the month in which the specified period of non-compliance expires.)

 

       (3)    A shut-off under this Section must remain in place until the producer’s farm undergoes a new validation and the producer provides the Board with proof that the farm meets the requirements of the proAction program.

 

       (4)    After a producer has been subject to a shut-off under this Section for 60 consecutive days, the Board may cancel the producer’s producer licence or impose by order any conditions that the producer must meet before the shut-off is lifted, but the Board must hold a hearing under to Section 22 before cancelling or imposing conditions on the licence.

 

       (5)    Sections 16, 17 and 18, respecting shut-offs incurred for violating the milk quality standards, do not apply to a shut-off under this Section.

 

       (6)    A producer who is subject to a shut-off under this Section is not entitled to a review under Section 20.


Board review of shut-off

20   (1)    A producer may request the Board to review a shut-off in accordance with this Section.

 

       (2)    A request for a shut-off review must be made in writing to the General Manager of the Board no later than 5 days after the producer receives notice of the shut-off, and must state the grounds for the request.

 

       (3)    After receiving a request for a shut-off review from a producer under subsection (2), the General Manager must schedule the review as soon as practicable and notify the producer in writing of the date, time and location for the review.

 

       (4)    A shut-off review may be held in person or by telephone or video conference.

 

       (5)    The Board must uphold a shut-off on review unless the producer satisfies the Board that there are exceptional circumstances that justify a decision to vary or rescind the shut-off.

 

       (6)    A producer subject to a shut-off is not entitled to compensation if the shut-off is rescinded or varied on review.

 

       (7)    The Board may appoint a committee of directors to review a shut-off.

 

       (8)    A committee appointed under subsection (7) must consist of at least 3 directors.


Board may suspend or cancel licence

21   (1)    In addition to any other reason set out in these regulations, the Board may suspend or cancel a producer’s producer licence in whole or in part for any of the following reasons:

 

                (a)    the producer fails to comply with any provision of a federal or Provincial Act or regulation related to milk production;

 

                (b)    the producer fails to comply with an order made or policy established by the Council or the Board.

 

       (2)    The Board must hold a hearing in accordance with Section 22 before suspending or cancelling a producer licence under this Section.


Procedure for hearing

22   (1)    A hearing to be held by the Board as required by subsection 18(1), 19(4) or 21(2) before cancelling or imposing conditions on a producer licence must proceed in accordance with this Section.

 

       (2)    The Board must notify both of the following in writing of the date, time, location and reason for the hearing:

 

                (a)    the affected producer;

 

                (b)    a representative of the processor used by the affected producer.

 

       (3)    A hearing may be held in person or by telephone or video conference.

 

       (4)    A processor representative may attend a hearing and, in accordance with procedures established by the Board, may make representations at the hearing.

 

       (5)    The Board must not cancel a producer’s producer licence under Section 18 after a 3rd shut-off in a 12-month period for violation of the milk quality standards if, after the hearing for the producer, the Board determines that

 

                (a)    there are exceptional circumstances that justify a decision not to cancel the licence; and

 

                (b)    the producer has taken appropriate steps to ensure their milk meets all milk quality standards.


Transition: milk quality history

23   (1)    During September, 2017, a producer’s milk quality test results for bacteria count, somatic cell count and abnormal freezing point during July, August and September, 2017, must be used for the purpose of determining whether the producer is subject to a penalty under Section 13.

 

       (2)    During October, 2017, a producer’s milk quality test results for bacteria count, somatic cell count and abnormal freezing point during August, September and October, 2017, must be used for the purpose of determining whether the producer is subject to a penalty under Section 13.


Transition: penalty history

24   A producer’s penalty history for bacteria count, somatic cell count and abnormal freezing point under the Milk Producer Licensing Regulations, N.S. Reg. 204/2003, must be used in determining whether a penalty under Section 13 is a 1st, 2nd, 3rd or subsequent penalty in a 12-month period.