Milk Quality Regulation - Amendment (Man. Reg. 79/2012)

THE FARM PRODUCTS MARKETING ACT (C.C.S.M. c. F47) Milk Quality Regulation, amendment* Regulation 79/2012 Registered June 19, 2012 Manitoba Regulation 168/2007 amended 1 The Milk Quality Regulation, Manitoba Regulation 168/2007, is amended by this regulation. 2 Clause (h) of the definition "substandard milk" in section 1 is replaced with the following: (h) milk that has a somatic cell count of 400,000 or more per millilitre; 3 Clause 2(3)(d) is replaced with the following: (d) $7 per hectolitre if the contravention is the producer's fifth contravention in the latest 12-month period and $7 per hectolitre for each additional contravention in the latest 12-month period. 4 Clause 3(3)(d) is replaced with the following: (d) $7 per hectolitre if the contravention is the producer's fifth contravention in the latest 12-month period and $7 per hectolitre for each additional contravention in the latest 12-month period. 5 Clause 4(2)(d) is replaced with the following: (d) $7 per hectolitre if the contravention is the producer's fourth contravention in the latest 12-month period and $7 per hectolitre for each additional contravention in the latest 12-month period. * This regulation is made under the Dairy Farmers of Manitoba Marketing Plan Regulation, Manitoba Regulation 89/2004, and is Regulation No.2, 2012 of Dairy Farmers of Manitoba 1 6(1) Subsection 5(1) is replaced with the following: 5(1) In this section "contravention" means the marketing of milk that is tested and found to have a somatic cell count of 400,000 or more per millilitre. 6(2) Clause 5(3)(d) is replaced with the following: (d) $7 per hectolitre if the contravention is the producer's fifth contravention in the latest 12-month period and $7 per hectolitre for each additional contravention in the latest 12-month period. 6(3) Subsection 5(4) is replaced with the following: 5(4) A producer who commits five or more contraventions in the latest 12-month period in addition to the penalties set out in clause (3)(d) shall be suspended from milk pickups if (a) before July 31, 2013 five or more contraventions in the latest 12-month period are as a result of marketing milk that has a somatic cell count of 500,000 or more per millilitre; (b) after July 31, 2013 five or more contraventions in the latest 12-month period are as a result of marketing milk that has a somatic cell count of 400,000 or more per millilitre. 6(4) The following is added after subsection 5(4): 5(5) A producer who is suspended from milk pickups shall be suspended until two consecutive milk samples taken at least six days apart are tested and to have a somatic cell count of less than (a) 500,000 per millilitre where the suspension is imposed under clause (4)(a); or (b) 400,000 per millilitre where the suspension is imposed under clause (4)(b). 2 Coming into force 7 This regulation comes into force on August 1, 2012, or on the day it is registered under The Regulations Act, whichever is later. May 15, 2012 Dairy Farmers of Manitoba: David Wiens Chair Brent Achtemichuk Secretary APPROVED June 11, 2012 Manitoba Farm Products Marketing Council: Ken Caldwell Chair Debora Durnin-Richards Secretary The Queen's Printer for the Province of Manitoba 3