Milk Producer Licensing Regulations (N.S. Reg. 125/2017)

Milk Producer Licensing Regulations made under clauses 9(f) to (i) and 15(1)(a) of the Dairy Industry Act S.N.S. 2000, c. 24 N.S. Reg. 125/2017 (effective September 1, 2017) amended to N.S. Reg. 96/2023 (effective July 1, 2023) Table of Contents Please note: this table of contents is provided for convenience of reference and does not form part of the regulations. 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, somatic cells or freezing point standard Penalties and other consequences for 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 Penalties for non-compliance with facilities and production standards Board review of shut-off Board may suspend or cancel licence Procedure for hearing 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 https://novascotia.ca/just/regulations/regs/dimilkli.htm#text https://novascotia.ca/just/regulations/regs/dimilkli.htm#TOC3 1 https://novascotia.ca/just/regulations/regs/dimilkli.htm#TOC3 2 https://novascotia.ca/just/regulations/regs/dimilkli.htm#TOC3 3 https://novascotia.ca/just/regulations/regs/dimilkli.htm#TOC3 4 https://novascotia.ca/just/regulations/regs/dimilkli.htm#TOC3 5 https://novascotia.ca/just/regulations/regs/dimilkli.htm#TOC3 6 https://novascotia.ca/just/regulations/regs/dimilkli.htm#TOC3 7 https://novascotia.ca/just/regulations/regs/dimilkli.htm#TOC3 8 https://novascotia.ca/just/regulations/regs/dimilkli.htm#TOC3 9 https://novascotia.ca/just/regulations/regs/dimilkli.htm#TOC3 10 https://novascotia.ca/just/regulations/regs/dimilkli.htm#TOC3 11 https://novascotia.ca/just/regulations/regs/dimilkli.htm#TOC3 12 https://novascotia.ca/just/regulations/regs/dimilkli.htm#TOC3 13 https://novascotia.ca/just/regulations/regs/dimilkli.htm#TOC3 14 https://novascotia.ca/just/regulations/regs/dimilkli.htm#TOC3 15 https://novascotia.ca/just/regulations/regs/dimilkli.htm#TOC3 16 https://novascotia.ca/just/regulations/regs/dimilkli.htm#TOC3 17 https://novascotia.ca/just/regulations/regs/dimilkli.htm#TOC3 18 https://novascotia.ca/just/regulations/regs/dimilkli.htm#TOC3 19 https://novascotia.ca/just/regulations/regs/dimilkli.htm#TOC3 20 https://novascotia.ca/just/regulations/regs/dimilkli.htm#TOC3 21 https://novascotia.ca/just/regulations/regs/dimilkli.htm#TOC3 22 https://novascotia.ca/just/regulations/regs/dimilkli.htm#TOC3 23 3 In these regulations, “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; “facilities and production standards” means all of the requirements of the Raw Milk Production and Transportation Regulations except milk quality standards; “milk quality standards” means the chemical and microbiological quality standards for raw milk under Section 101 of the Raw Milk Production and Transportation Regulations for bacteria, somatic cells, inhibitors, and freezing point; “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; (iv) Biosecurity Workbook and Reference Manual, as amended from time to time; (v) Environment Workbook and Reference Manual, as amended from time to time; “Raw Milk Production and Transportation Regulations” means the Raw Milk Production and Transportation Regulations made under the Act; “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 the Raw Milk Production and Transportation Regulations, 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. 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, somatic cells or freezing point standard 13 (1) Despite the minimum testing frequency standards in Schedule B of [to] the Raw Milk Production and Transportation Regulations, a producer is subject to a penalty as set out in subsection (2) as follows: (a) for a bacteria penalty, (i) a bacteria test result higher than the bacteria standard in Section 101 of the Raw Milk Production and Transportation Regulations has been found in the current month and in at least 40% of the tests of the producer’s milk within a 3-month period that includes the current month, and (ii) where at least 3 bacteria test results are available within the continuous 3-month period, at least two of which must be for the current month, and where only 3 test results are available, all 3 bacteria test results must be higher than the bacteria standard in Section 101 of the Raw Milk Production and Transportation Regulations in order to result in a penalty; (b) for a somatic cells penalty, (i) a somatic cells test result higher than the somatic cells standard in Section 101 of the Raw Milk Production and Transportation Regulations has been found in the current month and in at least 40% of the tests of the producer’s milk within a 3-month period that includes the current month, and (ii) where at least 17 somatic cells test results are available within the continuous 3-month period, at least four of which must be for the current month; (c) for a freezing point penalty, (i) a freezing point test result higher than the freezing point standard in Section 101 of the Raw Milk Production and Transportation Regulations has been found in the current month and in at least 40% of the tests of the producer’s milk within a 3-month period that includes the current month, and (ii) where at least 3 freezing point test results are available within the continuous 3-month period, at least two of which must be for the current month, and where only 3 test results are available, all 3 freezing point test results must be higher than the freezing point standard in Section 101 of the Raw Milk Production and Transportation Regulations. (2) The penalty incurred by a producer under subsection (1) is as set out in the following table: Penalty for Violating Bacteria, Somatic Cells or 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 inhibitor 14 (1) A producer whose milk is found to contain an inhibitor is not entitled to be paid for any milk that is rejected under Section 86 of the Raw Milk Production and Transportation Regulations. (2) A producer whose milk is found to contain an inhibitor is liable to the Board for all of the following: (a) all expenses incurred by the Board in disposing of milk that is rejected under subsection 86(6) of the Raw Milk Production and Transportation Regulations and conducting additional testing of the producer’s milk under Section 105 of the Raw Milk Production and Transportation Regulations; (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 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. (3) Except as provided in subsection (4) with respect to a 2nd, 3rd or subsequent violation within the same month, a producer whose milk is found to contain an inhibitor is subject to a penalty as set out in the following table: Penalty for Milk Containing Inhibitor Penalty Instance Penalty 1st penalty incurred within 12-month period $6.00/hl* 2nd penalty incurred within 12-month period $9.00/hl* plus shut-off 3rd or subsequent penalty incurred within 12 month period $12.00/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.) (4) A producer whose milk is found to contain an 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 Raw Milk Production and Transportation Regulations; (d) if both shut-offs were incurred under Section 14 for violating the 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 results in the withdrawal of the producer’s registration under the proAction program. (4) After a shut-off under this Section, the producer may apply to the Board, on a form provided by the Board, for a transitional registration under the proAction program. (5) The Board may approve a transitional registration under this Section in accordance with a policy regarding transitional proAction registration as established and amended from time to time by the Board. (6) A producer who incurs a shut-off under this Section 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 has been granted a transitional registration under the proAction program. (7) 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 Section 22 before cancelling or imposing conditions on the licence. (8) 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. (9) A producer who is subject to a shut-off under this Section is not entitled to a review under Section 20. Penalties for non-compliance with facilities and production standards 19A(1) A producer is subject to a penalty as set out in subsection (2) for failing to comply with the facilities and production standards within the time directed by an inspector. (2) The penalty incurred by a producer under subsection (1) is as set out in the following table: Penalty for Non-Compliance with Facilities and Production Standards 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 inspector notifies the Board that the producer’s farm meets the facilities and production standards. (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 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 Section 22 before cancelling or imposing conditions on the license. (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. 23 [repealed] 24 [repealed] Legislative History Reference Tables Milk Producer Licensing Regulations N.S. Reg. 125/2017 Dairy Industry Act Note: The information in these tables does not form part of the regulations and is compiled by the Office of the Registrar of Regulations for reference only. Source Law The current consolidation of the Milk Producer Licensing Regulations made under the Dairy Industry Act includes all of the following regulations: N.S. Regulation In force date* How in force Royal Gazette Part II Issue 125/2017 Sep 1, 2017 date specified Sep 1, 2017 N.S. Regulation In force date* How in force Royal Gazette Part II Issue 122/2019 Sep 1, 2019 date specified Aug 30, 2019 192/2019 Dec 1, 2019 date specified Dec 6, 2019 42/2020 Mar 15, 2020 date specified Mar 27, 2020 119/2021 Sep 1, 2021 date specified Sep 10, 2021 180/2022 Aug 1, 2022 date specified Jul 29, 2022 96/2023 Jul 1, 2023 date specified Jun 16, 2023 The following regulations are not yet in force and are not included in the current consolidation: N.S. Regulation In force date* How in force Royal Gazette Part II Issue *See subsection 3(6) of the Regulations Act for rules about in force dates of regulations. Amendments by Provision ad. = added am. = amended fc. = fee change ra. = reassigned rep. = repealed rs. = repealed and substituted Provision affected How affected 3 , defn. of “Abnormal Freezing Point Standard for Cow’s Milk Regulations”..................................................... ... rep. 42/2020 3 , defn. of “facilities and production standards”....................................... ad. 180/2022 3 , defn. of “milk production regulations”....................................................... . rep. 42/2020 3 , defn. of “milk quality standards”. rs. 42/2020 3 , defn. of “proAction program”...... rs. 122/2019, 119/2021 3 , defn. of “Raw Milk Production and Transportation Regulations”......... ad. 42/2020 5........................................................ am. 42/2020 6(f).................................................... rep. 42/2020 13(1)................................................. rs. 192/2019, 42/2020, 96/2023 13(2)................................................. am. 42/2020 ad. = added am. = amended fc. = fee change ra. = reassigned rep. = repealed rs. = repealed and substituted Provision affected How affected 14...................................................... am. 42/2020 (“unnatural” removed throughout) 14(1)................................................. rep. 42/2020; ra. from 14(2) 42/2020; am. 42/2020 14(2)................................................. ra. as 14(1) 42/2020 14(2)................................................. ra. from 14(3) 42/2020 14(2)(a)........................................ rs. 42/2020 14(3)................................................. am. 42/2020; ra. as 14(2) 42/2020 14(3)................................................. ra. from 14(4) 42/2020; am. 42/2020 14(4)................................................. am. 192/2019; ra. as 14(3) 42/2020 14(4)................................................. ra. from 14(5) 42/2020 14(5)................................................. ra. as 14(4) 42/2020 17(c)-(d)........................................... am. 42/2020 19(3)-(6)........................................... rs. 96/2023 19(7)-(9)........................................... ad. 96/2023 19A................................................... ad. 180/2022 23...................................................... rep. 192/2019 24...................................................... rep. 192/2019 Note that changes to headings are not included in the above table. Editorial Notes and Corrections: Note Effective date Repealed and Superseded: N.S. Regulation Title In force date Repealed date N.S. Regulation Title In force date Repealed date 204/2003 Milk Producer Licensing Regulations Mar 25, 2003 Sep 1, 2017 Note: Only regulations that are specifically repealed and replaced appear in this table. It may not reflect the entire history of regulations on this subject matter.