Acts and Regulations

N-1.2 - Natural Products Act

Section 57
Disposition versions

Full text
Commission regulations and orders
57(1)The Commission may make regulations or orders for the carrying out of this Part, including without limiting the generality of the foregoing, regulations or orders in respect of the powers of the Commission under subsection 11(2), and regulations or orders
(a) prescribing classifications of licences for the purposes of subsection 44(1);
(b) exempting persons or classes of persons from the application of subsection 45(1) or (2);
(c) respecting licensing under this Part, including the application for and the issuance, suspension, cancellation and reinstatement of a licence, the terms and conditions upon which a licence may be issued, suspended, cancelled or reinstated, the form of a licence and the fees to be charged for the issuance or reinstatement of a licence;
(d) respecting the giving or payment of security by applicants for licences and holders of licences, including the type and amount of security, the conditions under which security is to be given or paid and the deposit, safe keeping, administration, application, distribution, adjustment, substitution, forfeiture and disposition of such security;
(e) defining fluid milk products;
(f) defining fluid cream products;
(g) defining manufactured milk products;
(h) prescribing the minimum and maximum percentages of butterfat and the minimum percentage of solids not fat in any fluid milk product, fluid cream product or manufactured milk product;
(i) prohibiting the sale of any class of fluid milk product, fluid cream product or manufactured milk product which does not meet the minimum percentage of butterfat or the minimum percentage of solids not fat, or both, as determined under paragraph (h);
(j) respecting the regulation and inspection of vehicles of any kind by which milk or cream is transported;
(k) respecting the control and inspection of premises at which the storage, production, care, manufacture or processing of milk or cream is carried on;
(l) respecting the conditions of construction, installation and maintenance of equipment used by any person engaged directly or indirectly in the dairy products trade;
(m) respecting the regulation of the methods of the manufacture of dairy products;
(n) respecting the payment for milk by a milk dealer;
(o) respecting the quality, kind, cleanliness, testing, storage, production, care, manufacture, processing, transportation and sale of milk or cream;
(p) respecting the imposition on and collection from a producer of penalties where any milk supplied by the producer fails to comply with the standards of quality for such milk under the regulations or is produced on premises or with equipment that fails to comply with the regulations and, without limiting the generality of the foregoing, where such milk
(i) contains any substance prohibited by the regulations,
(ii) contains a substance in excess of the amount permitted by the regulations, or
(iii) has a substance removed from it contrary to the regulations;
(q) respecting the terms and conditions under which the penalties referred to in paragraph (p) are payable, the amount of the penalties, the method by which the penalties are calculated, the times at which the penalties are payable, to whom the penalties are payable and how the penalties are to be used;
(r) respecting the form of any report required by this Part;
(s) for the purposes of this Part, defining words and expressions used in this Part but not defined in this Act;
(t) respecting inspections under this Part, including the inspection of accounts of milk dealers and the Dairy Farmers of New Brunswick;
(u) respecting the establishment of a wholesale or retail price or scale of wholesale or retail prices to be paid for fluid milk products or fluid cream products sold by milk dealers in an area for which the Commission has made an order under section 43.
57(2)A regulation or order under this section may contain different provisions for different classifications of persons engaged in the dairy products trade.
57(3)Where a regulation and an order under this section conflict, the regulation prevails.
2007, c.36, s.16
Commission regulations and orders
57(1)The Commission may make regulations or orders for the carrying out of this Part, including without limiting the generality of the foregoing, regulations or orders in respect of the powers of the Commission under subsection 11(2), and regulations or orders
(a) prescribing classifications of licences for the purposes of subsection 44(1);
(b) exempting persons or classes of persons from the application of subsection 45(1) or (2);
(c) respecting licensing under this Part, including the application for and the issuance, suspension, cancellation and reinstatement of a licence, the terms and conditions upon which a licence may be issued, suspended, cancelled or reinstated, the form of a licence and the fees to be charged for the issuance or reinstatement of a licence;
(d) respecting the giving or payment of security by applicants for licences and holders of licences, including the type and amount of security, the conditions under which security is to be given or paid and the deposit, safe keeping, administration, application, distribution, adjustment, substitution, forfeiture and disposition of such security;
(e) defining fluid milk products;
(f) defining fluid cream products;
(g) defining manufactured milk products;
(h) prescribing the minimum and maximum percentages of butterfat and the minimum percentage of solids not fat in any fluid milk product, fluid cream product or manufactured milk product;
(i) prohibiting the sale of any class of fluid milk product, fluid cream product or manufactured milk product which does not meet the minimum percentage of butterfat or the minimum percentage of solids not fat, or both, as determined under paragraph (h);
(j) respecting the regulation and inspection of vehicles of any kind by which milk or cream is transported;
(k) respecting the control and inspection of premises at which the storage, production, care, manufacture or processing of milk or cream is carried on;
(l) respecting the conditions of construction, installation and maintenance of equipment used by any person engaged directly or indirectly in the dairy products trade;
(m) respecting the regulation of the methods of the manufacture of dairy products;
(n) respecting the payment for milk by a milk dealer;
(o) respecting the quality, kind, cleanliness, testing, storage, production, care, manufacture, processing, transportation and sale of milk or cream;
(p) respecting the imposition on and collection from a producer of penalties where any milk supplied by the producer fails to comply with the standards of quality for such milk under the regulations or is produced on premises or with equipment that fails to comply with the regulations and, without limiting the generality of the foregoing, where such milk
(i) contains any substance prohibited by the regulations,
(ii) contains a substance in excess of the amount permitted by the regulations, or
(iii) has a substance removed from it contrary to the regulations;
(q) respecting the terms and conditions under which the penalties referred to in paragraph (p) are payable, the amount of the penalties, the method by which the penalties are calculated, the times at which the penalties are payable, to whom the penalties are payable and how the penalties are to be used;
(r) respecting the form of any report required by this Part;
(s) for the purposes of this Part, defining words and expressions used in this Part but not defined in this Act;
(t) respecting inspections under this Part, including the inspection of accounts of milk dealers and the Dairy Farmers of New Brunswick;
(u) respecting the establishment of a wholesale or retail price or scale of wholesale or retail prices to be paid for fluid milk products or fluid cream products sold by milk dealers in an area for which the Commission has made an order under section 43.
57(2)A regulation or order under this section may contain different provisions for different classifications of persons engaged in the dairy products trade.
57(3)Where a regulation and an order under this section conflict, the regulation prevails.
2007, c.36, s.16
Commission regulations and orders
57(1)The Commission may make regulations or orders for the carrying out of this Part, including without limiting the generality of the foregoing, regulations or orders in respect of the powers of the Commission under subsection 11(2), and regulations or orders
(a) prescribing classifications of licences for the purposes of subsection 44(1);
(b) exempting persons or classes of persons from the application of subsection 45(1);
(c) respecting licensing under this Part, including the application for and the issuance, suspension, cancellation and reinstatement of a licence, the terms and conditions upon which a licence may be issued, suspended, cancelled or reinstated, the form of a licence and the fees to be charged for the issuance or reinstatement of a licence;
(d) respecting the giving or payment of security by applicants for licences and holders of licences, including the type and amount of security, the conditions under which security is to be given or paid and the deposit, safe keeping, administration, application, distribution, adjustment, substitution, forfeiture and disposition of such security;
(e) defining fluid milk products;
(f) defining fluid cream products;
(g) defining manufactured milk products;
(h) prescribing the minimum and maximum percentages of butterfat and the minimum percentage of solids not fat in any fluid milk product, fluid cream product or manufactured milk product;
(i) prohibiting the sale of any class of fluid milk product, fluid cream product or manufactured milk product which does not meet the minimum percentage of butterfat or the minimum percentage of solids not fat, or both, as determined under paragraph (h);
(j) respecting the regulation and inspection of vehicles of any kind by which milk or cream is transported;
(k) respecting the control and inspection of premises at which the storage, production, care, manufacture or processing of milk or cream is carried on;
(l) respecting the conditions of construction, installation and maintenance of equipment used by any person engaged directly or indirectly in the dairy products trade;
(m) respecting the regulation of the methods of the manufacture of dairy products;
(n) respecting the payment for milk by a milk dealer;
(o) respecting the quality, kind, cleanliness, testing, storage, production, care, manufacture, processing, transportation and sale of milk or cream;
(p) respecting the imposition on and collection from a producer of penalties where any milk supplied by the producer fails to comply with the standards of quality for such milk under the regulations or is produced on premises or with equipment that fails to comply with the regulations and, without limiting the generality of the foregoing, where such milk
(i) contains any substance prohibited by the regulations,
(ii) contains a substance in excess of the amount permitted by the regulations, or
(iii) has a substance removed from it contrary to the regulations;
(q) respecting the terms and conditions under which the penalties referred to in paragraph (p) are payable, the amount of the penalties, the method by which the penalties are calculated, the times at which the penalties are payable, to whom the penalties are payable and how the penalties are to be used;
(r) respecting the form of any report required by this Part;
(s) for the purposes of this Part, defining words and expressions used in this Part but not defined in this Act;
(t) respecting inspections under this Part, including the inspection of accounts of milk dealers and the New Brunswick Milk Marketing Board;
(u) respecting the establishment of a wholesale or retail price or scale of wholesale or retail prices to be paid for fluid milk products or fluid cream products sold by milk dealers in an area for which the Commission has made an order under section 43.
57(2)A regulation or order under this section may contain different provisions for different classifications of persons engaged in the dairy products trade.
57(3)Where a regulation and an order under this section conflict, the regulation prevails.