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Regulation number	Title
N-1.2	Natural Products Act

Under subsection 57(1) and section 77 of the Natural Products Act, the Commission makes the following Regulation:

2022-81

1This Regulation may be cited as the Milk Quality Regulation - Natural Products Act.

2The following definitions apply in this Regulation.

“abnormal milk” means raw milk that contains antibiotics or other pharmaceutical materials, insecticides, pesticides, radionuclides, toxins, extraneous materials, colostrums or an excessive number of somatic cells.(lait anormal)

“Act” means the Natural Products Act.(Loi)

“automatic milking system” means a system that milks animals without human intervention.(système de traite automatisé)

“bulk milk receiving station” means premises equipped with facilities for the receiving or storing of raw milk in bulk. (centre de réception du lait en vrac)

“bulk milk receiving and wash station” means premises equipped with(centre de réception du lait en vrac et station de lavage)

(a) facilities for the receiving, transferring or storing of raw milk in bulk, and

(b) a Clean-in-Place (C.I.P.) wash-up system for the cleaning and sanitizing of milk tanks and the cleaning of milk trucks.

“bulk milk tank” means a stationary storage tank used exclusively for holding and cooling raw milk at a dairy plant or a bulk milk receiving station and includes the fixtures attached to the tank and the equipment required for the use of the tank.(reservoir de lait en vrac)

“Commission” means the New Brunswick Farm Products Commission.(Commission)

“dairy animal” means a cow, goat, sheep or other species kept for the purposes of milking.(animal laitier)

“dairy barn” means a building that is used to house dairy animals.(étable laitière)

“dairy farm” means a farm where dairy animals are kept for the purposes of milking and from which a part or all of the raw milk is sold, offered for sale or supplied for human consumption, and includes all the buildings, structures, premises and land occupied or used in connection with the production of raw milk.(ferme laitière)

“dairy milking barn” means a dairy barn in which feeding and holding areas are used in conjunction with a milking system.(étable de traite)

“farm bulk tank” means a stationary storage tank used exclusively for holding and cooling raw milk at a dairy farm and includes the fixtures attached to the tank and the equipment required for the use of the tank. (citerne fixe)

“free stall barn” means a dairy barn with alley-ways and individual stalls where dairy animals are housed and have free access to stalls.(étable à stabulation libre en logettes)

“gauge rod” means a graduated rod made of stainless steel that is used in conjunction with a conversion chart to determine the volume of raw milk in a farm bulk tank and the gauge rod, conversion chart and farm bulk tank bear identical serial numbers.(jauge)

“inhibitor” means any substance, other than a bacterial culture, that inhibits or is intended to inhibit the growth of bacteria and does not occur naturally in raw milk.(inhibiteur)

“laboratory pasteurization count” means the determination of the number of bacteria per millilitre of raw milk able to remain viable after being subjected to laboratory pasteurization.(dénombrement des bactéries après pasteurisation en laboratoire)

“loose housing barn” means a dairy barn that contains no stalls and has a minimum of 3 walls and a roof.(étable à stabulation libre)

“milk house” means a structure that is used exclusively for(laiterie)

(a) storing and cooling raw milk, and

(b) cleaning, sanitizing and storing milking equipment and utensils.

“milk tank” means a stainless steel tank that is designed and used exclusively for transporting raw milk, cream or potable water and is mounted on a trailer that is hauled by a truck tractor.(citerne à lait)

“milk truck” means a truck tractor that hauls a milk tank on a highway, as defined in the Highway Act.(camion servant au transport du lait)

“milking equipment and utensils” means any equipment or utensil used in a milking operation.(matériel de traite et vaisselle laitière)

“milking parlour” means a structure that is used exclusively for milking dairy animals.(salle de traite)

“oxidized flavour” means the distinctive flavouring of raw milk that develops as the result of oxidization of polyunsaturated fatty acids in raw milk.(saveur oxydée)

“pest” means any animal or arthropod that may contaminate raw milk.(organisme nuisible)

“processing” means changing the nature of raw milk by mechanical means or otherwise, and includes separating, homogenizing, pasteurizing and packaging.(transformation)

“raw milk” means milk that has not been heated beyond 40°C or undergone any treatment that has an equivalent effect.(lait cru)

“sale” includes trade or barter.(vente)

“sanitize” means to treat a surface that comes in contact with raw milk with heat or approved chemicals capable of destroying any pathogenic micro-organisms that may be adhering to the surface.(désinfecter)

“standard plate count” means the determination of the number of viable bacteria per millilitre of raw milk.(numération en boîte de Pétri)

“truck tractor” means a truck tractor as defined in the Motor Vehicle Act.(camion-tracteur)

2016-22; 2022-81

DAIRY FARM

A

Dairy Barn

a

General Requirements

Design and construction

3(1)A producer shall have a dairy barn and shall ensure that the dairy barn

(a) is designed and constructed in a manner that

(i) permits the operations carried on in the dairy barn to be performed under clean and sanitary conditions,

(ii) prevents contamination of raw milk, and

(iii) prevents damage by dairy animals,

(b) is constructed of non-toxic materials that are durable and permit the effective cleaning of all interior surfaces,

(c) is of sufficient size to accommodate the herd without crowding,

(d) subject to subsection (2), has floors and alley-ways that are

(i) constructed of concrete or other impervious materials,

(ii) constructed in a manner that prevents random cracking, and

(iii) maintained in good repair,

(e) is kept clean,

(f) is maintained in good repair,

(g) is provided with a water source, and

(h) is adequately insulated and ventilated so as to prevent the accumulation of odours or water condensation.

3(2)Paragraph (1)(d) does not apply to bedded areas of loose housing barns or stalls in a free stall barn.

3(3)A free stall barn shall have alley-ways with a stall curb of at least 20 centimetres above the alley-way floor.

3(4)A dairy barn shall contain a lavatory that shall

(a) be located in a completely enclosed room,

(b) have a full-length self-closing door that does not open directly into the milk house,

(c) be equipped with a hand sink and toilet that are maintained in good working condition,

(d) be equipped with a liquid soap dispenser and single service towels within close proximity of the sink for the purpose of washing and drying hands, and

(e) be maintained in a clean and sanitary condition.

2013-84

Housing of dairy animals

4(1)A dairy barn shall not be used to house animals other than dairy animals.

4(2)Despite subsection (1), a dairy barn may be used to house healthy cats and dogs except while milking operations are performed.

4(3)Where more than one type of dairy animal is housed in a dairy barn,

(a) dairy ewes shall be kept in a separate closed section with walls, a ceiling and doors,

(b) dairy animals other than dairy ewes shall be kept in separate areas of the same building, and

(c) milking equipment and utensils shall be operated in a manner that prevents mixing the raw milk of different dairy animals.

2013-84

Housing of the young of dairy animals

2016-22

5The young of dairy animals shall be housed in a dairy barn in individual pens or box stalls separate from the herd.

2016-22

Maintenance of surrounding area

2016-22

6 A producer shall ensure that

(a) the surrounding area of the dairy barn is maintained in a clean condition,

(b) dead animals are removed immediately from the dairy barn or the surrounding area of the dairy barn,

(c) the driveway and the animal yards are graded, drained and maintained in a clean condition, free from the accumulation of manure and refuse, and

(d) the driveway to a milk house is maintained so that it is accessible to milk trucks in all weather conditions.

2013-84; 2016-22

Manure and bedding

7(1)If a liquid manure pit is located under or adjacent to a dairy barn, the dairy barn shall have ventilation for the pit to ensure that the odours from the pit do not enter the dairy barn, milk house or milking parlour.

7(2)Subject to subsection (3), solid and liquid manure shall be removed daily from the dairy milking barn and be disposed of in such a manner as to prevent the breeding of flies, insects and vermin.

7(3)Manure may be permitted to accumulate in a loose housing barn if there is sufficient bedding to ensure a clean, dry rest area for the dairy animals.

7(4)Manure shall be removed regularly from a dairy barn to prevent accumulation on dairy animals.

7(5)Bedding shall not be changed or disturbed while milking operations are performed in the dairy milking barn.

2016-22

b

Dairy Milking Barn

Design and construction

8If a producer has a dairy milking barn, the producer shall ensure that the dairy milking barn

(a) has a ceiling and walls that are tightly fitted, washable, durable, light-coloured and made of impervious materials,

(b) has stall platforms, gutters, floors, mangers and alley-ways that are constructed of concrete or other impervious materials, and constructed in a manner that prevents random cracking,

(c) has exterior walls and a roof covered with weatherproof material,

(d) has manure gutters of sufficient size to contain manure accumulated between cleanings,

(e) has gradient in stalls that permit complete drainage,

(f) has light bulbs that are shatterproof or protected with covers when the bulbs are located above open milk containers,

(g) is illuminated in a manner that permits the person conducting the milking operation to

(i) see the udders of the dairy animals during milking, and

(ii) perform milking operations in a sanitary manner, and

(h) has alley-ways and walkways of adequate width both behind and in front of the dairy animal to accommodate feeding, milking and cleaning.

2013-84; 2016-22

B

Milking Parlour

Design and construction

9(1) A producer who has a free stall barn shall have a milking parlour and shall ensure that the milking parlour

(a) is separated from the milk house by a partition equipped with a full-length self-closing door,

(b) is equipped with or has ready access to a pressurized hot and cold running potable water system

(i) with pipes, hoses and nozzles installed and arranged in a manner that permits the cleaning of the milking parlour and the milking equipment and utensils, and

(ii) that is protected from any source of contamination to the water,

(c) is equipped with a ventilation system that eliminates condensation and odours that may affect the organoleptic characteristics of the raw milk,

(d) is equipped with a heating system that prevents freezing and the formation of condensation inside the milking parlour,

(e) has light bulbs that are shatterproof or protected with covers,

(f) is illuminated in a manner that permits the person conducting the milking operation to

(i) see the udders of the dairy animals during milking, and

(ii) perform milking operations in a sanitary manner,

(g) has a ceiling and walls that are

(i) durable, smooth, washable, light-coloured and made of impervious materials, and

(ii) free of indentations, loose scale, pitting and cracks,

(h) has the lower 15 centimetres of the walls, above the floor level, constructed of concrete or other washable and impervious material,

(i) has a floor, ramps and platforms that

(i) are constructed of concrete or other washable and impervious material,

(ii) are maintained in good repair,

(iii) are free of indentations, cracks and crevices, and

(iv) have covered drains, equipped with traps, that are sloped so as to flow into a wastewater drainage system,

(j) is kept free of animals other than dairy animals, and

(k) is maintained in a clean and sanitary condition.

9(2)If a milking parlour is constructed as part of a free stall barn, the milking parlour shall be constructed in such a manner that the milking equipment and utensils are kept clean and free of contamination, including stable odours.

2013-84; 2016-22

C

Milk House

Design and construction

10(1)A producer shall have a milk house and shall ensure that the milk house

(a) permits the installation of a farm bulk tank with a minimum distance of 15 centimetres between the exterior underside of the farm bulk tank and the milk house floor, unless the farm bulk tank has a rounded bottom, in which case the minimum distance shall be 10 centimetres,

(b) allows complete access to the farm bulk tank for inspection, cleaning and sanitizing and for the transfer of raw milk,

(c) has a ceiling that is high enough to permit the inspection of the raw milk in the farm bulk tank and the complete vertical removal of the gauge rod from the farm bulk tank,

(d) has a minimum passageway of 90 centimetres between the farm bulk tank and the sinks and utensil racks,

(e) has a minimum passageway of 60 centimetres around the sides and back of the farm bulk tank and a minimum passageway of 90 centimetres along the front end of the farm bulk tank,

(f) is equipped with a pressurized hot and cold running potable water system

(i) with pipes, hoses and nozzles installed and arranged in a manner that permits the cleaning of the milking parlour, milk house and milking equipment and utensils,

(ii) with a hose attached to an outlet separate from the sink, and

(iii) that is protected from any source of contamination to the water,

(g) has at least one properly trapped floor drain, 10 centimetres or more in diameter, which is located not less than 60 centimetres from the farm bulk tank outlet valve,

(h) has properly trapped sink drains,

(i) has floor and sink drains connected to a closed sewer pipe not less than 10 centimetres in diameter, which pipe is located under the milk house floor and which discharges into a wastewater drainage system,

(j) has adequate drainage,

(k) is equipped with a ventilation system that eliminates condensation and odours that may affect the organoleptic characteristics of the raw milk,

(l) is properly insulated and equipped with a heating system that prevents freezing and the formation of condensation inside the milk house,

(m) has a ceiling and walls that are

(i) durable, smooth, washable and made of impervious materials, and

(ii) free of indentations, loose scale, pitting and cracks,

(n) has light bulbs that are shatterproof or protected with covers,

(o) is illuminated in a manner that permits milk handling operations, inspections, and the cleaning and sanitizing of the premises and milking equipment and utensils,

(p) is equipped with a liquid soap dispenser and single service towels within close proximity of the sinks for the purpose of washing and drying hands,

(q) is equipped with a hose port in one wall that is located in close proximity to the farm bulk tank outlet and

(i) is at least 25 centimetres above the floor level of the milk house or the outside grade level whichever is higher, and

(ii) has a self-closing cover through which the hose connecting the milk tank to the farm bulk tank may pass to permit the collection of raw milk,

(r) has an apron of concrete, crushed stone, asphalt or other material approved by the Commission that

(i) is located outside an entrance to the milk house and directly below the hose port, and

(ii) is large enough to keep the hose from the milk tank clean,

(s) has a grounded exterior electrical outlet that is above the hose port and is controlled by a bipolar switch located on the interior wall of the milk house in a location accessible to the bulk tank milk grader,

(t) is maintained in a clean and sanitary condition,

(u) is maintained in good repair,

(v) is kept free of pests,

(w) has a minimal number of flies, insects and vermin, and

(x) is kept free of animals, including fowl.

10(2)All exterior doors, windows and openings of a milk house shall be closed or fitted with screens or other devices to prevent the entry of pests.

10(3)The exterior walls a milk house shall be covered with metal, cedar shingles or any other type of material approved by the Commission.

10(4)The roof of a milk house shall be covered with metal, asphalt shingles, cedar shingles or any other type of material approved by the Commission.

10(5)If the refrigeration compressor, vacuum pump of the milking system, water pump or water heater is located in a milk house, the refrigeration compressor, vacuum pump of the milking system, water heater or water pump shall be installed and operated in a manner that does not contaminate the raw milk.

Floors

11The floors of a milk house shall

(a) be capable of supporting milk storage and refrigeration facilities when they are filled to capacity,

(b) be constructed of washable and impervious material,

(c) have concrete or impervious walls rising at least 25 centimetres above the floor,

(d) be sloped to covered drains and equipped with traps to ensure the drainage of wastewater,

(e) have a minimum slope of one centimetre per metre towards a floor drain,

(f) have a wastewater drainage system, and

(g) be free of indentations, cracks and crevices.

Sinks

12(1)A milk house shall be equipped with a double compartment dairy sink or, if the milk house has a Clean-in-Place (C.I.P.) wash-up system, a single compartment dairy sink and a utility sink.

12(2)The sinks shall

(a) have mixing taps that supply hot and cold potable water,

(b) be drained by a pipe equipped with a trap connected to a wastewater drainage system,

(c) be equipped with a liquid soap dispenser and single service towels within close proximity of the sinks for the purpose of washing and drying hands, and

(d) be kept clean and free of milking equipment and utensils and debris.

Storage

13(1)A milk house shall contain cupboards, stands or shelves of non-corrodible material located off the floor to hold the milking equipment and utensils.

13(2)Detergents, cleansers, sanitizers and other products used in the production, handling, transfer, holding or storage of raw milk shall be kept

(a) in a location and in a manner that prevents contamination of raw milk, and

(b) in their original labeled containers or in containers that are labeled to ensure easy identification of the type of products that they contain.

13(3)Veterinary drugs and antibiotics shall be kept in a cupboard or refrigerator in a manner that prevents contamination of raw milk.

13(4)No pesticides, pest control products or other toxic products, other than those that are directly related to the operation of a milk house, shall be stored in the milk house.

Lavatory

Repealed: 2013-84

2013-84

14Repealed: 2013-84

2013-84

Location of milk house

15(1)A milk house

(a) shall be separate from all buildings or structures other than a dairy barn or milking parlour, and

(b) may be attached to or be part of a dairy barn or milking parlour.

15(2)If a milk house is attached to or part of a dairy barn or milking parlour, the milk house shall

(a) have a full-length, tight-fitting and self-closing door that opens directly into the dairy barn or milking parlour, as the case may be,

(b) be located, constructed and maintained so as to prevent any objectionable odours from entering the milk house directly from the dairy barn, milking parlour or any other source, and

(c) be accessible from an exterior entry point that does not require travel through animal traffic areas.

2016-22

D

Farm Bulk Tank

Design and construction

16(1)A producer shall have a farm bulk tank and shall ensure that the farm bulk tank

(a) is located in the producer’s milk house,

(b) has a holding capacity that is equivalent to a minimum of 2.5 days of milk production by the herd during its peak production period,

(c) is equipped with an indicating thermometer with scale divisions of at least 3 millimetres from each change of 2°C within a range of temperature of not less than 0°C and not more than 50°C that measures accurately to within 1°C of the actual temperature of the raw milk in the farm bulk tank,

(d) has mechanical agitation capable of restoring uniformity of all milk constituents throughout the farm bulk tank without splashing or churning the raw milk,

(e) does not use air agitation,

(f) is equipped with intermittent controlled agitation that provides a minimum of 5 minutes of agitation every hour,

(g) is equipped with refrigeration facilities capable of cooling the maximum capacity of raw milk obtained directly from the herd to a temperature of 4°C or lower within one hour of milking, and capable of maintaining raw milk at that temperature at all times except for the subsequent addition of raw milk obtained directly from the herd at which time the temperature of the raw milk shall not exceed 10°C,

(h) is equipped with an outlet cap,

(i) is equipped with adjustable support legs capable of

(i) supporting the weight of the farm bulk tank when filled to capacity,

(ii) adjusting the farm bulk tank to a level position, and

(iii) raising the farm bulk tank high enough for the attachment of fittings and for draining the farm bulk tank,

(j) is equipped with leg sockets with the outsides painted or made of corrosion resistant material,

(k) is installed and calibrated to provide an accurate measurement of the raw milk in the farm bulk tank,

(l) is installed so that the outlet valve has easy access to the hose port,

(m) is capable of properly cooling and agitating the raw milk from the first milking during the periods of lowest production of the herd,

(n) is equipped with a gauge rod which is plainly marked with graduation marks not further than one millimetre apart beginning at the bottom of the gauge rod,

(o) has a fixed point for the suspension of the gauge rod,

(p) has a conversion chart which shows the number of litres of raw milk for each graduation mark of the gauge rod,

(q) has the gauge rod and conversion chart stamped with serial numbers identical to the serial numbers on the farm bulk tank,

(r) has a smooth inside lining, and that all parts of the farm bulk tank that come in contact with raw milk are made of stainless steel, are free from cracks, rough welds, rough solder or open seams and are resistant to damage from cleansers and sanitizers,

(s) has the inside lining of its bottom sloped to an outlet so as to provide for complete drainage,

(t) has a stainless steel outlet valve, and

(u) if the farm bulk tank has a sight glass, the sight glass shall be maintained in good condition.

16(2)If a farm bulk tank is welded or soldered and the repaired surface comes in contact with the raw milk,

(a) the metal used in the weld or solder shall be corrosive resistant stainless steel, and

(b) the weld or solder shall be ground smooth and polished so that it is flush with the adjoining surface.

16(3)If a farm bulk tank is equipped with a time temperature recorder, the thermometer must be accurate to within 1°C of the actual temperature of the raw milk in the farm bulk tank, and the bulk tank milk grader shall have access to the recorded temperature of the raw milk.

2013-84

Location of farm bulk tank

17(1)If part of a farm bulk tank is located outside a milk house and is not in an enclosed area,

(a) the cover, air inlets and outlet valve shall be located in the milk house,

(b) the area between the farm bulk tank exterior and the wall shall be properly sealed, and

(c) the part outside the milk house shall

(i) be maintained in a clean and sanitary condition, and

(ii) be available for inspection.

17(2)If part of the farm bulk tank is located outside the milk house and is in an enclosed area,

(a) the cover, air inlets and outlet valve shall be located in the milk house,

(b) the area between the farm bulk tank exterior and the wall shall be properly sealed, and

(c) the enclosed area shall

(i) be maintained in a clean and sanitary condition,

(ii) not be a stable, a milking parlour or any other area where contamination may occur,

(iii) have a ceiling and walls that are

(A) smooth, washable and made of impervious materials, and

(B) free of indentations, loose scale, pitting and cracks,

(iv) have floors that are washable and made of impervious materials, and

(v) be available for inspection.

Maintenance of farm bulk tank

18 A farm bulk tank shall

(a) be properly sanitized immediately before each use, and

(b) be rinsed with cold or lukewarm potable water and thoroughly cleaned after each use.

E

Milking Equipment and Utensils

Requirements

19(1)A producer shall

(a) have adequate milking equipment and utensils,

(b) have equipment and materials for cleaning, rinsing and sanitizing milking equipment and utensils, and

(c) have solutions and single service towels for cleaning, sanitizing and drying the udders and teats of dairy animals.

19(2)All milking equipment and utensils that come in contact with raw milk shall

(a) be sanitized and drained immediately before use,

(b) be rinsed with cold or lukewarm potable water, washed with lukewarm or hot potable water and drained within one hour after use,

(c) be stored when not in use in a manner that prevents contamination,

(d) have surfaces that are

(i) constructed of non-corrodible materials,

(ii) smooth and free of cavities, open seams and loose particles,

(iii) non-toxic and resistant to damage from cleansers and sanitizers, and

(iv) unaffected by raw milk and are manufactured in such a manner as not to affect raw milk, and

(e) be used only for the purposes of collecting, cooling, holding and transferring raw milk.

19(3)A producer shall ensure that any milking equipment and utensils that are not permanently installed are properly stored in a milking parlour or milk house.

19(4)If, in the opinion of an inspector, a piece of milking equipment or a utensil is unsatisfactory for use in a milking operation, no person shall use the milking equipment or utensil for that purpose.

19(5)No producer shall use milking equipment or utensils unless they have been

(a) properly sanitized immediately before each use, and

(b) rinsed with cold or lukewarm potable water and thoroughly cleaned after each use.

2016-22

Sanitation program

20 A producer shall post the procedures for the sanitizing, rinsing, washing and draining of milking equipment and utensils in a visible location in the milk house and shall ensure that the procedures are followed.

Milking

21(1)Prior to milking, a person who conducts a milking operation shall

(a) ensure that the hair on the dairy animal’s udders, sides, flanks and tails are free of dirt and manure,

(b) clean and sanitize the dairy animal’s teats and udder base,

(c) dry the dairy animal’s teats and udder base with single service towels, and

(d) discard the first stream of raw milk from each teat.

21(2)A person who conducts a milking operation shall

(a) not milk dairy animals manually,

(b) wash his or her hands and dry them with single service towels immediately before milking and as often as necessary to ensure that his or her hands are clean and dry at all times during milking,

(c) be cleanly dressed, and

(d) if the person has an open lesion, wear an impervious dressing over the lesion to prevent contamination of raw milk.

(e) Repealed: 2016-22

21(3)If an automatic milking system is used, the person who conducts the milking operation shall ensure that the hair on the dairy animal’s udders, sides, flanks and tail are free of dirt and manure and that the system

(a) cleans and sanitizes the dairy animal’s teats and udder base,

(b) discards the first stream of raw milk from each teat, and

(c) detects and discards abnormal milk.

21(4)Immediately after milking, the person who conducts the milking operation shall sanitize the cow’s teats or shall ensure that the automatic milking system performs the sanitization using a teat dip solution approved for that purpose under the Food and Drugs Act (Canada) and its regulations.

2016-22

F

Dairy Animal Health

2016-22

Duty to ensure good health of dairy animals

2016-22

22 A producer shall ensure that his or her dairy animals

(a) are clean and that the hair on their udders, sides, flanks and tails are kept free from dirt and manure,

(b) are in good health, and

(c) are free from any condition or disease which may adversely affect the quality of the raw milk or may be transmitted to humans by milk.

2016-22

Veterinary drugs and products

23 Only veterinary drugs and products approved for administration to dairy animals under the Food and Drugs Act (Canada), the Feeds Act (Canada) or the Pest Control Products Act (Canada), or under an Act of the Legislature may be administered to a dairy animal, as set out on the product label.

2016-22

Logbook

24(1)A producer shall keep an up-to-date logbook concerning each dairy animal that receives veterinary drugs or antibiotics.

24(2)A logbook shall contain the following information:

(a) the identification number assigned to the dairy animal;

(b) the name of the veterinary drug or antibiotic administered;

(c) the name of the veterinarian who prescribed the veterinary drug or antibiotic;

(d) the first and last day the veterinary drug or antibiotic was administered;

(e) the name of the person who administered the veterinary drug or antibiotic;

(f) the withdrawal period specified by the veterinarian who prescribed the veterinary drug or antibiotic; and

(g) the date the dairy animal’s milk entered the farm bulk tank.

24(3)A producer shall retain a logbook until at least one year after the last day the veterinary drug or antibiotic was administered to the dairy animal.

2016-22

BULK TANK MILK GRADERS

Cleanliness of bulk tank milk grader

25 A bulk tank milk grader shall

(a) be cleanly dressed while performing his or her duties,

(b) wash his or her hands before handling or touching any equipment, and

(c) if he or she has an open lesion, wear an impervious dressing over the lesion to prevent contamination of raw milk.

Examination of raw milk

26(1)Before transferring raw milk from a farm bulk tank to a milk tank, a bulk tank milk grader shall

(a) examine, grade and sample the raw milk, and

(b) determine the volume and temperature of the raw milk.

26(2)A bulk tank milk grader shall grade raw milk in a farm bulk tank on the basis of its appearance, odour, temperature or any other abnormality.

26(3)A bulk tank milk grader shall compute the volume of raw milk in a farm bulk tank by using the gauge rod and the conversion chart for that farm bulk tank.

26(4)Immediately after grading and determining the volume of raw milk in a farm bulk tank, a bulk tank milk grader shall cause the raw milk to be agitated for at least 5 minutes and as much longer as may be necessary for the raw milk to be thoroughly mixed.

Sampling of raw milk

27(1)A bulk tank milk grader shall

(a) determine the temperature of raw milk in a farm bulk tank while the raw milk is agitating, and

(b) draw a representative sample of raw milk in a farm bulk tank after the raw milk has been agitating for at least 5 minutes.

27(2)Before drawing a representative sample of the raw milk from the farm bulk tank, a bulk tank milk grader shall

(a) identify the sample by means of affixing a label bearing the identification number assigned to the producer by the Commission to a sample container, and

(b) inscribe on the label his or her name or initials, the date and any other identification or information that the Commission may require.

27(3)A bulk tank milk grader shall maintain the sample at a temperature of not less than 1°C and not more than 4°C until it is delivered to a bulk milk receiving station, bulk milk receiving and wash station or any other location that an inspector considers to be appropriate.

Rejection of raw milk

28(1)A bulk tank milk grader shall reject raw milk in a farm bulk tank if the raw milk

(a) is not sweet and clean,

(b) has an objectionable odour,

(c) shows evidence of being watery, flaky, stringy, bloody, ropy, thick, coagulated, adulterated or unsanitary,

(d) contains foreign matter, including flies, insects or vermin,

(e) contains melted fat,

(f) contains, to his or her knowledge at the time, an inhibitor,

(g) is at a temperature above 10°C,

(h) subject to subsection (2), is at a temperature above 4°C,

(i) otherwise exhibits abnormal odours or appearances,

(j) cannot be agitated in the farm bulk tank,

(k) cannot be sampled,

(l) is abnormal milk, or

(m) is otherwise not of good quality.

28(2)If raw milk obtained directly from a herd has been added to a farm bulk tank less than one hour before a temperature reading is taken and the temperature of the raw milk exceeds 4°C,

(a) the bulk tank milk grader who took the temperature reading shall not reject the milk at that time, and

(b) the bulk tank milk grader who took the temperature reading or any other bulk tank milk grader shall take a second temperature reading at least one hour after the raw milk was added to the farm bulk tank and, if the temperature of the raw milk exceeds 4°C, he or she shall reject the raw milk.

28(3)If a bulk tank milk grader rejects raw milk in a farm bulk tank, he or she shall not transfer the raw milk from the farm bulk tank to a milk tank and shall provide the producer with a rejection notice.

28(4)The rejection notice shall contain the following information:

(a) the date;

(b) the volume of the raw milk;

(c) the reading of the gauge rod;

(d) the temperature of the raw milk;

(e) the reason for rejection; and

(f) any additional information that the Commission may require.

28(5)A bulk tank milk grader shall

(a) sign the rejection notice and post the notice in a visible location in the milk house,

(b) notify the Dairy Farmers of New Brunswick of the rejection of raw milk, and

(c) obtain 2 representative samples of the rejected raw milk from the farm bulk tank or as instructed by an inspector.

Acceptance of raw milk

29If a bulk tank milk grader accepts raw milk in a farm bulk tank, he or she shall

(a) provide the producer with a report containing the following information:

(i) the date;

(ii) the volume of the raw milk;

(iii) the reading of the gauge rod;

(iv) the temperature of the raw milk; and

(v) any additional information that the Commission may require,

(b) place a hose through the hose port in order to transfer the raw milk from the farm bulk tank to a milk tank, and

(c) rinse the farm bulk tank with cold or lukewarm potable water.

No transfer of raw milk

30A bulk tank milk grader shall not transfer raw milk from a farm bulk tank to a milk tank if the Commission

(a) has placed the raw milk in the farm bulk tank under detention, or

(b) has prohibited the producer from delivering, selling or offering for sale raw milk to a dairy plant.

TRANSPORTERS

Milk truck

31A transporter shall not transport raw milk in a milk truck unless the milk truck

(a) has been inspected and approved by an inspector,

(b) is in good mechanical condition, and

(c) is equipped with

(i) a milk tank

(A) that has a smooth inside lining, and all parts of the inside lining that come in contact with raw milk shall be made of stainless steel, be free from cracks, rough welds, rough solder or open seams and be resistant to damage from cleansers and sanitizers,

(B) that is insulated in a manner such that the temperature of the raw milk cannot rise more than 2°C in 24 hours, and

(C) that has an outer wall that is durable, smooth, non-corrodible, washable and made of impervious materials,

(ii) an insulated dust-tight compartment that is constructed of stainless steel and is used for holding the milk hose, milk pump and milk transfer equipment,

(iii) an insulated sample box that is used for holding samples of raw milk and maintains such samples at a temperature of not less than 1°C and not more than 4°C,

(iv) a hose, a milk pump and milk tank gaskets, and all moving parts of the hose, milk pump and milk tank gaskets that come in contact with raw milk shall be made of a non-corrodible material that is washable, non-toxic and resistant to damage from cleansers and sanitizers and will not affect the flavour of raw milk during the transfer of raw milk to or from the milk tank, and

(v) spray ball equipment for cleaning all surfaces that come in contact with raw milk, by means of the continuous circulation of a cleaning solution.

Transfer of raw milk

32A transporter shall ensure that

(a) a milk tank is used to transport only raw milk, cream or potable water,

(b) only a bulk tank milk grader transfers the raw milk from a farm bulk tank to a milk tank,

(c) raw milk is transferred to and from a milk tank by means of a hose,

(d) the raw milk collected by him or her is transported without undue delay,

(e) no raw milk remains overnight in a milk tank except in an emergency situation, and

(f) a farm bulk tank is completely emptied not less than 3 times per week and that raw milk is not left in a farm bulk tank for more than 2 intervening days.

Cleanliness of milk tank and milk truck

33(1)Immediately after unloading the last load of the day or shift, a transporter shall ensure that the milk tank is rinsed with cold or lukewarm potable water and that all surfaces of the milk tank that come in contact with raw milk are cleaned and sanitized at a bulk milk receiving and wash station.

33(2)A transporter shall ensure that all surfaces of the milk tank and milk truck that do not come in contact with raw milk are maintained in a clean condition.

BULK MILK RECEIVING AND WASH STATION

Design and construction

34A bulk milk receiving and wash station shall

(a) be of sufficient size to allow complete access to milk tanks for cleaning and sanitizing and to milk trucks for cleaning,

(b) be constructed and maintained in such a way that there is no risk of contamination to the raw milk during the transfer process,

(c) contain horizontal or vertical milk storage tanks or a bulk milk tank,

(d) be equipped with a double compartment dairy sink with mixing taps that supply hot and cold potable water,

(e) have an adequate supply of hot and cold potable water,

(f) be equipped with a liquid soap dispenser and single service towels within close proximity of the sink for the purpose of washing and drying hands,

(g) have a ceiling and walls that are insulated, smooth, washable and made of impervious materials,

(h) have floors that

(i) are smooth and made of impervious materials,

(ii) are capable of supporting milk trucks without sagging or heaving, and

(iii) are sloped so as to effect complete drainage of the milk tank,

(i) have at least one properly trapped floor drain that is 15 centimetres or more in diameter,

(j) be equipped with a ventilation system that eliminates condensation and odours,

(k) has light bulbs that are shatterproof or protected with covers,

(l) be illuminated in a manner that permits the transfer of raw milk, inspections, the cleaning and sanitizing of milk tanks and equipment and the cleaning of milk trucks,

(m) have an adequate number of hoses of sufficient length to service all areas of the bulk milk receiving and wash station that are attached to an outlet that supplies pressurized hot and cold potable water and are separate from the sink,

(n) be equipped with detergents, cleansers and sanitizers approved by the Commission for the cleaning and sanitizing of milk tanks and the cleaning of milk trucks,

(o) have sanitary storage space for milk transfer equipment,

(p) have a Clean-in-Place (C.I.P.) wash-up system,

(q) be maintained in a clean and sanitary condition, and

(r) be kept free of pests.

Milk storage tank

35 A milk storage tank shall

(a) have a smooth inside lining, and all parts of the inside lining that come in contact with raw milk shall be made of stainless steel, be free from cracks, rough welds, rough solder or open seams and be resistant to damage from cleansers and sanitizers,

(b) be insulated in a manner such that the temperature of the raw milk cannot rise more than 2°C in 24 hours, and

(c) have an outer wall that is durable, smooth, non-corrodible, washable and made of impervious materials.

Bulk milk tank

36A bulk milk tank shall

(a) have a smooth inside lining, and all parts of the inside lining that come in contact with raw milk shall be made of stainless steel, be free from cracks, rough welds, rough solder or open seams and be resistant to damage from cleansers and sanitizers,

(b) have mechanical agitation capable of restoring uniformity of all milk constituents throughout the bulk milk tank without splashing or churning the raw milk,

(c) not use air agitation,

(d) be equipped with

(i) refrigeration facilities capable of maintaining raw milk at a temperature of not less than 1°C and not more than 4°C during the storage period, and

(ii) a thermometer that measures accurately to within 1°C of the actual temperature of the raw milk in the bulk milk tank,

(e) be equipped with an outlet cap, and

(f) be sloped to an outlet so as to effect complete drainage.

Storage

37(1)Detergents, cleansers, sanitizers and other products used in the operation of a bulk milk receiving and wash station shall be kept

(a) in a location and in a manner that prevents contamination of raw milk or milk transfer equipment, and

(b) in their original labeled containers or in containers that are labeled to ensure easy identification of the type of products that they contain.

37(2)A bulk milk receiving and wash station shall be equipped with refrigerated storage facilities for storing raw milk samples and the operator of the station shall ensure that raw milk samples are stored in the refrigerated storage facilities on racks at a temperature of not less than 1 °C and not more than 4 °C.

2013-84

Lavatory

38If the Commission determines that a bulk milk receiving and wash station shall have a lavatory, the lavatory shall

(a) be located in a completely enclosed room,

(b) have a full-length self-closing door that does not open directly into any room used for transferring raw milk,

(c) be equipped with a hand sink and toilet that are maintained in good working condition,

(d) be equipped with a liquid soap dispenser and single service towels within close proximity of the sink for the purpose of washing and drying hands, and

(e) be maintained in a clean and sanitary condition.

BULK MILK RECEIVING STATION

Design and construction

39(1)A bulk milk receiving station shall

(a) be constructed and maintained in such a way that there is no risk of contamination to the raw milk during the transfer process,

(b) contain horizontal or vertical milk storage tanks or a bulk milk tank,

(c) be equipped with a pressurized hot and cold running potable water system with a hose installed and arranged in a manner that permits the cleaning of the milk storage tanks, bulk milk tank, equipment, walls, ceiling, floor area and the unloading pad of the bulk milk receiving station,

(d) be equipped with a double compartment dairy sink with mixing taps that supply hot and cold potable water,

(e) be equipped with a liquid soap dispenser and single service towels within close proximity of the sinks for the purpose of washing and drying hands,

(f) be equipped with a hose port in one wall that is in close proximity to the bulk milk tank outlet, and

(i) is at least 25 centimetres above the floor level of the bulk milk receiving station or the outside grade level, whichever is higher, and

(ii) has a self-closing cover through which the hose connecting the milk tank to the milk storage tank or the bulk milk tank may pass to permit the collection of raw milk,

(g) have a grounded exterior electrical outlet adjacent to the hose port that is controlled by a bipolar switch located on the interior wall of the bulk milk receiving station in a location accessible to the bulk tank milk grader,

(h) have a concrete slab located outside its unloading entrance that is of a sufficient size to collect any raw milk which may be spilled during the transfer and that is sloped to a drain which is connected to a wastewater drainage system,

(i) have sanitary storage space for milk transfer equipment,

(j) be maintained in a clean and sanitary condition, and

(k) be kept free of pests.

39(2)If a bulk milk receiving station has a ceiling, the bulk milk receiving station shall

(a) have light bulbs that are shatterproof or protected with covers, and

(b) be illuminated in a manner that permits the transfer of raw milk and inspections to be carried out.

Clean-in-Place (C.I.P.) wash-up system

40If the Commission determines that a bulk milk receiving station shall operate a Clean-in-Place (C.I.P.) wash-up system for the cleaning and sanitizing of milk tanks and the cleaning of milk trucks, the bulk milk receiving station shall be deemed to be a bulk milk receiving and wash station.

Milk storage tank

41A milk storage tank shall

(a) have a smooth inside lining, and all parts of the inside lining that come in contact with raw milk shall be made of stainless steel, be free from cracks, rough welds, rough solder or open seams and be resistant to damage from cleansers and sanitizers,

(b) be insulated in a manner such that the temperature of the raw milk cannot rise more than 2°C in 24 hours, and

(c) have an outer wall that is durable, smooth, non-corrodible, washable and made of impervious materials.

Bulk milk tank

42A bulk milk tank shall

(a) have a smooth inside lining, and all parts of the inside lining that come in contact with raw milk shall be made of stainless steel, be free from cracks, rough welds, rough solder or open seams and be resistant to damage from cleansers and sanitizers,

(b) have mechanical agitation capable of restoring uniformity of all milk constituents throughout the bulk milk tank without splashing or churning the raw milk,

(c) not use air agitation,

(d) be equipped with

(i) refrigeration facilities capable of maintaining raw milk at a temperature of not less than 1°C and not more than 4°C during the storage period, and

(ii) a thermometer that measures accurately to within 1°C of the actual temperature of the raw milk in the bulk milk tank,

(e) be equipped with an outlet cap,

(f) be sloped to an outlet so as to effect complete drainage, and

(g) has a stainless steel outlet valve.

Storage

43Detergents, cleansers, sanitizers and other products used in the operation of a bulk milk receiving station shall be kept

(a) in a location and in a manner that prevents contamination of raw milk or milk transfer equipment, and

(b) in their original labeled containers or in containers that are labeled to ensure easy identification of the type of products that they contain.

Lavatory

44If the Commission determines that a bulk milk receiving station shall have a lavatory, the lavatory shall

(a) be located in a completely enclosed room,

(b) have a full-length self-closing door that does not open directly into any room used for transferring raw milk,

(c) be equipped with a hand sink and toilet that are maintained in good working condition,

(d) be equipped with a liquid soap dispenser and single service towels within close proximity of the sink for the purpose of washing and drying hands, and

(e) be maintained in a clean and sanitary condition.

MILK TRANSFER STATION

Design and construction

45A milk transfer station shall

(a) be constructed and maintained in such a way that there is no risk of contamination to the raw milk during the transfer process,

(b) be equipped with a pressurized hot and cold running potable water system with a hose installed and arranged in a manner that permits the cleaning of milk trucks and the equipment, walls, ceiling, floor area and unloading pad of the milk transfer station,

(c) be equipped with refrigeration facilities capable of maintaining raw milk at a temperature of not less than 1°C and not more than 4°C during the storage period,

(d) be equipped with a double compartment dairy sink with mixing taps that supply hot and cold potable water,

(e) be equipped with a liquid soap dispenser and single service towels within close proximity of the sinks for the purpose of washing and drying hands,

(f) have sanitary storage space for milk transfer equipment,

(g) be maintained in a clean and sanitary condition, and

(h) be kept free of pests.

Clean-in-Place (C.I.P.) wash-up system

46If the Commission determines that a milk transfer station shall operate a Clean-in-Place (C.I.P.) wash-up system for the cleaning and sanitizing of milk tanks and the cleaning of milk trucks, the milk transfer station shall operate a Clean-in-Place (C.I.P.) wash-up system.

Storage

47(1)Detergents, cleansers, sanitizers and other products used in the operation of a milk transfer station shall be kept

(a) in a location and in a manner that prevents contamination of raw milk or milk transfer equipment, and

(b) in their original labeled containers or in containers that are labeled to ensure easy identification of the type of products that they contain.

47(2)If the Commission considers it necessary, a milk transfer station shall be equipped with refrigerated storage facilities for storing raw milk samples and the operator of the station shall ensure that raw milk samples are stored in the refrigerated storage facilities on racks at a temperature of not less than 1 °C and not more than 4 °C.

2013-84

Lavatory

48If the Commission determines that a milk transfer station shall have a lavatory, the lavatory shall

(a) be located in a completely enclosed room,

(b) have a full-length self-closing door that does not open directly into any room used for transferring raw milk,

(c) be equipped with a hand sink and toilet that are maintained in good working condition,

(d) be equipped with a liquid soap dispenser and single service towels within close proximity of the sinks for the purpose of washing and drying hands, and

(e) be maintained in a clean and sanitary condition.

GENERAL PROVISIONS

Cleanliness of milk grader

49A milk grader shall

(a) be cleanly dressed while performing his or her duties,

(b) wash his or her hands before handling or touching any equipment, and

(c) if he or she has an open lesion, wear an impervious dressing over the lesion to prevent contamination of raw milk.

Plans for construction, extension, alteration, installation or replacement

50(1)Plans for the construction, extension or alteration of a dairy farm, including a dairy barn, milking parlour or milk house, shall be submitted to the Commission or an inspector for approval before the work is undertaken.

50(2)Plans for the installation or replacement of a farm bulk tank shall be submitted to the Commission or an inspector for approval before the work is undertaken.

50(3)Plans for the installation of automatic milking systems shall be submitted to the Commission or an inspector for approval before the work is undertaken.

50(4)Plans for the construction, extension or alteration of a bulk milk receiving and wash station, bulk milk receiving station or a milk transfer station shall be submitted to the Commission or an inspector for approval before the work is undertaken.

2016-22

Notifiable disease

2017, c.42, s.89

51No person who is infected with an agent of a notifiable disease that, in the opinion of a medical officer of health appointed under the Public Health Act may be transmitted through raw milk, shall work in a capacity that involves the production, handling, transfer, holding or storage of raw milk.

2017, c.42, s.89

Detergents, cleansers, sanitizers, pesticides and other pest control products

52Detergents, cleansers, sanitizers, pesticides and other pest control products shall comply with the requirements prescribed by the Meat Inspection Act (Canada) or the regulations under that Act, the Pest Control Products Act (Canada) or the regulations under that Act, and any applicable Act of the Legislature.

Alternative storage temperature regimes

53(1)The Commission may, if health and safety standards are maintained, approve alternative storage temperature regimes for raw milk used in the manufacture of specialty products.

53(2)In addition to the cooling requirements specified in this Regulation, sheep milk may be stored in a freezer if the following conditions are satisfied:

(a) milk that is to be frozen shall be frozen within 72 hours after milking and shall remain in a frozen state until delivered to a processor;

(b) raw milk shall be cooled to 4°C or less before it is added to a container of frozen milk;

(c) the freezer shall be equipped with an accurate temperature-measuring device;

(d) a daily record of the temperature of the freezer shall be kept;

(e) each container of milk shall be uniquely identified and the producer shall keep a record so that the milking dates and the name of the producer can be traced to that container;

(f) reusable milk storage containers shall be thoroughly cleaned, sanitized and dried after they are emptied and before they are used again;

(g) plastic bags, pail liners and other articles intended for single use shall be used only once and their containers shall be stored so that the exterior of the containers remains clean and free of contaminants; and

(h) the freezer and storage racks shall be

(i) free of pits and corrosion, and

(ii) maintained in a sanitary condition while in use.

2016-22

Addition to or removal from raw milk

54Except as otherwise provided for in this Regulation, no person shall add anything to or remove anything from raw milk from the time it is obtained from the dairy animal to the time it is delivered to a dairy plant.

2016-22

Sale of raw milk

55(1)No producer shall sell or offer for sale for human consumption raw milk that

(a) is not produced, handled and stored in accordance with this Regulation,

(b) is obtained from a dairy animal 15 days prior to and 3 days after parturition, or such longer period that is necessary to ensure that the raw milk is free of colostrums,

(c) is obtained from a dairy animal to which a veterinary drug or an antibiotic has been administered, during the period of medication and for such subsequent period of time as is sufficient to ensure that the raw milk is free from any veterinary drug or antibiotic residue,

(d) is abnormal milk,

(e) is not sweet and clean,

(f) shows evidence of being watery, flaky, stringy, bloody, ropy, thick, coagulated, adulterated or unsanitary,

(g) contains foreign matter, including flies, insects or vermin,

(h) contains melted fat,

(i) contains an inhibitor, veterinary drug or antibiotic residue, or any other foreign substance,

(j) is at a temperature above 4°C,

(k) otherwise exhibits abnormal odours or appearances, or

(l) cannot be agitated in the farm bulk tank.

55(2)If an inspector finds that a producer has not complied with paragraph (1)(i), the inspector shall immediately notify the producer.

55(3)If a producer’s raw milk is found to contain an inhibitor or veterinary drug or antibiotic residue, the producer shall not sell or supply raw milk until a subsequent sample taken from the farm bulk tank tests negative.

2016-22

Property of the Commission

2013-84

55.1A raw milk sample obtained under this Regulation is the property of the Commission.

2013-84; 2016-66

TESTING OF RAW MILK

National Dairy Code

2022-81

55.2For the purposes of sections 55 to 59, with respect to the chemical and microbiological standards for raw milk, the National Dairy Code, published by Agriculture and Agri-Food Canada, is adopted, as amended from time to time.

2022-81

Testing of raw milk

56(1)Raw milk shall be tested by a person or a laboratory designated by the Commission.

56(2)Raw milk shall be tested at least once a month to determine

(a) its bacterial densities,

(b) its somatic cell count, and

(c) its freezing temperature.

56(3)A raw milk sample shall be tested to determine its bacterial densities within 48 hours after the sample is obtained.

56(4)The methods used to test raw milk shall conform with

(a) the methods described in the most recently published Standard Methods for the Examination of Dairy Products approved by the American Public Health Association,

(b) the Official Methods of Analysis of the Association of Official Analytical Chemists, or

(c) the methods approved by the International Dairy Federation, the International Organization for Standardization (ISO) or the National Liaison Group on Milk Quality or approved by the Commission and ratified in the National Dairy Code.

2022-81; 2023-4

Bacterial counts

2022-81

57(1)The mesophilic aerobic colony forming units count per millilitre (CFU/ml) or the individual bacterial count per millilitre (IBC/ml) for raw milk from cows shall not exceed the maximum set out in the National Dairy Code if the test is performed using Flow Cell Cytometry on a BactoScan.

57(2)The mesophilic aerobic colony forming units count per millilitre (CFU/ml) or the individual bacterial count per millilitre (IBC/ml) for raw milk from goats shall not exceed the maximum set out in the National Dairy Code if the test is performed using Flow Cell Cytometry on a BactoScan.

57(3)Alternative validated test methods and technologies to count bacteria may be used if approved by the Commission.

2022-81

Somatic cell count

58(1)The somatic cell count per millilitre for raw milk from cows shall not exceed the maximum set out in the National Dairy Code.

58(2)The somatic cell count per millilitre for raw milk from goats shall not exceed the maximum set out in the National Dairy Code.

2013-84; 2016-22; 2022-81

Cryoscopy of raw milk

2022-81

59(1)The freezing temperature of raw milk from cows shall not exceed the maximum temperature set out in the National Dairy Code.

59(2)The freezing temperature of raw milk from goats shall not exceed the maximum temperature set out in the National Dairy Code.

2016-22; 2022-81

Presence of inhibitors

60(1)Raw milk giving a positive test for inhibitors or veterinary drug or antibiotic residue is deemed to contain an inhibitor.

60(2)A producer’s milk shall

(a) test negative for the presence of inhibitors or veterinary drug or antibiotic residue by an approved method, or

(b) test below the Maximum Residue Level by an approved quantitative method.

Oxidized flavour

61(1)Raw milk shall be considered to have given a positive test for oxidation when it has been held at a temperature of not less than 1°C and not more than 4°C and on testing is found to have developed an oxidized flavour within 72 hours following collection from the producer’s farm bulk tank.

61(2)The Commission may, on notification to a producer whose raw milk is considered to have given a positive test for oxidation, prohibit the producer from delivering, selling or offering for sale raw milk to a dairy plant, except for the purposes and the period of time specified by the Commission in the notification.

61(3)The first shipment of raw milk from a producer, subsequent to a prohibition under subsection (2), shall consist of a quantity specified by the Commission.

Notification of test results

2016-66

62(0.1)Immediately after testing raw milk, a person or a laboratory designated under subsection 56(1) shall notify the Commission of the test results.

62(1)Immediately after receiving test results, the Commission shall notify a producer about the test results when the raw milk

(a) has an unacceptable standard plate count or laboratory pasteurization count,

(b) has an unacceptable somatic cell count,

(c) indicates that water is presumed to have been added to it,

(d) tests positive for the presence of inhibitors or veterinary drug or antibiotic residue,

(e) tests above the Maximum Residue Level, or

(f) tests positive for oxidation.

62(2)A notice that is given for the reasons set out in paragraph (1)(a), (b), (c), (d), or (e) shall

(a) be in writing,

(b) be mailed by ordinary mail to the latest known address of the producer, and

(c) be deemed to have been received by the producer 3 days after the date of mailing.

62(3)The Commission shall notify the Dairy Farmers of New Brunswick of the test results under subsection (1).

2016-66

REPEAL

Repeal

63New Brunswick Regulation 86-118 under the Dairy Products Act is repealed.

N.B. This Regulation is consolidated to January 30, 2023.

2010-19 - Milk Quality

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