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Under section 18 of the Dairy Products Act, the Farm Products Marketing Commission makes the following Regulation:

88-249

1This Regulation may be cited as the General Regulation - Dairy Products Act.

2In this Regulation

“Act” means the Dairy Products Act;(Loi)

“area” means an area the limits of which are designated by the Commission under section 5 of the Act;(région)

“bulk tank milk grader” means a person who grades, samples, determines and records the volume or weight of milk in a farm bulk tank and transfers milk from a farm bulk tank to a milk tank truck;(préposé au classement du lait en citerne)

“farm bulk tank” means a stationary storage tank used only for the holding and cooling of milk on the premises of a producer-supplier and includes fixtures thereto and the equipment required for the use of the tank;(citerne d’exploitation agricole)

“licence” means a licence or permit required under the Act;(licence)

“milk” means milk from cows;(lait)

“milk tank truck” means a motor vehicle having a tank used only for the purpose of hauling milk from farm bulk tanks to plants of milk dealers or from one plant to another, and includes a tractor-trailer used for such purpose.(camion-citerne laitier)

LICENCES

3(1)An applicant for a licence to engage in the dairy products trade shall apply to the Commission for the licence on an application form provided by the Commission.

3(2)No person shall apply for a licence to engage in the dairy products trade as a transporter unless he is the holder of a licence under the Motor Carrier Act.

3(3)A milk dealer, storekeeper or milk vendor shall apply for a separate licence for each area in which he operates.

3(4)An applicant for a licence to engage in the dairy products trade as a bulk tank milk grader shall be examined by persons appointed by the Commission on the following:

(a) the handling, sampling, grading, rejecting, measuring, weighing and determining the volume of milk;

(b) the principles of testing milk for butterfat content;

(c) the tests for accurately determining the amount of bacteria, sediment, lactic acid, water and unnatural inhibitors in milk; and

(d) the sanitary requirements and the provisions of the Act, the Public Health Act, the Dairy Industry Act and any regulations made thereunder.

2017, c.42, s.79

4A licence shall be on the form provided by the Commission.

5(1)The licence of a milk vendor shall include the name of the milk dealer from whom he is obtaining his milk.

5(2)A milk vendor shall not sell milk in an area unless it is obtained from the milk dealer named on his licence.

6Subject to any minimum requirements for insurance set by an Act of the Legislature and as a condition of maintaining his licence, a transporter shall have public liability and property damage insurance coverage on his milk tank trucks in such amount as is determined by the Commission from time to time.

7(1)The Commission may cancel a licence to engage in the dairy products trade as a producer-supplier where no milk from the herd of the holder of the licence is marketed within a thirty day period.

7(2)The Commission may refuse or cancel a licence at any time if it is satisfied that the applicant or holder of the licence has violated or failed to comply with the Act or any order or regulation made thereunder or the Dairy Industry Act or any regulation made thereunder.

7(3)The Commission shall refuse or cancel a licence to engage in the dairy products trade as a milk dealer if the applicant or the holder of the licence has violated the Public Health Act or any regulation made thereunder and the Commission has been notified in writing that the issuing or continuance of the licence does not have the approval of the Department of Health.

7(4)Where the Commission proposes to refuse an application for a licence or cancel a licence, it

(a) shall deliver by post a notice of its decision to the applicant or the holder of the licence,

(b) shall specify in the notice a time and place at which the applicant or the holder of the licence may appear before the Commission for a hearing,

(c) may take such action as it deems necessary if the applicant or the holder of the licence fails to appear at the hearing, and

(d) after the hearing, shall deliver by post a notice of its final decision to the applicant or the holder of the licence.

2017, c.42, s.79

8(1)The following classes of milk and cream are designated as fluid milk products:

(a) buttermilk;

(b) cereal cream;

(c) chocolate milk;

(d) chocolate partly skimmed milk or chocolate drink;

(e) flavoured milk;

(f) flavoured partly skimmed milk or flavoured drink;

(f.1) flavoured skim milk;

(f.2) flavoured skim milk with added milk solids;

(f.3) eggnog;

(g) 2 per cent partly skimmed milk;

(g.1) 1 per cent partly skimmed milk;

(h) skim milk;

(h.1) skim milk with added milk solids;

(i) special milk;

(j) standard milk;

(k) sterile milk, sterilized milk, Ultra High Temperature milk or U.H.T. milk;

(l) table cream or coffee cream; and

(m) whipping cream.

8(2)The fluid milk products designated in subsection (1) are defined as follows:

(a) “buttermilk” means fluid milk which contains not less than 0.01 per cent and not more than 2.0 per cent butterfat to which a bacterial culture has been added and which may also contain salt and stabilizers;

(b) “cereal cream” means fluid milk which contains not less than 10 per cent and not more than 15.9 per cent butterfat;

(c) “chocolate milk” means fluid milk which contains not less than 3.25 per cent and not more than 4.0 per cent butterfat, and to which a chocolate flavour and a sweetening agent has been added;

(d) “chocolate partly skimmed milk” or “chocolate drink” means fluid milk which contains not less than 1.8 per cent and not more than 2.2 per cent butterfat and to which a chocolate flavour and a sweetening agent has been added;

(e) “flavoured milk” means fluid milk, other than eggnog, which contains not less than 3.25 per cent and not more than 4.0 per cent butterfat and to which natural or artificial flavouring other than chocolate has been added and which may contain sugar or other sweeteners and stabilizers;

(f) “flavoured partly skimmed milk” or “flavoured drink” means fluid milk, other than eggnog, which contains not less than 1.8 per cent and not more than 2.2 per cent butterfat and to which a natural or artificial flavouring other than chocolate has been added and which may contain sugar or other sweeteners and stabilizers;

(f.1) “flavoured skim milk” means fluid milk which contains not less than 0.0 per cent and not more than 0.3 per cent butterfat and to which a natural or artificial flavouring has been added and which may contain sugar or other sweeteners and stabilizers;

(f.2) “flavoured skim milk with added milk solids” means fluid milk which contains not less than 0.0 per cent and not more than 0.3 per cent butterfat and to which skim milk powder and a natural or artificial flavouring have been added and which may contain sugar or other sweeteners and stabilizers;

(f.3) “eggnog” means fluid milk to which eggnog concentrate, sugar or other sweetener, emulsifiers, stabilizers and skim milk powder have been added;

(g) “2 per cent partly skimmed milk” means fluid milk which contains not less than 1.8 per cent and not more than 2.2 per cent butterfat, and not less than 8.25 per cent milk solids other than butterfat;

(g.1) “1 per cent partly skimmed milk” means fluid milk which contains not less than 0.8 per cent and not more than 1.2 per cent butterfat, and not less than 8.25 per cent milk solids other than butterfat;

(h) “skim milk” means fluid milk which contains not less than 0.0 per cent and not more than 0.3 per cent butterfat, and not less than 8.5 per cent milk solids other than butterfat;

(h.1) “skim milk with added milk solids” means fluid milk which contains not less than 0.0 per cent and not more than 0.3 per cent butterfat and to which have been added skim milk powder and not less than 10 per cent milk solids other than butterfat;

(i) “special milk” means fluid milk which contains not less than 4.1 per cent and not more than 9.9 per cent butterfat, and not less than 8.5 per cent milk solids other than butterfat;

(j) “standard milk” means fluid milk which contains not less than 3.25 per cent and not more than 4.0 per cent butterfat, and not less than 8.25 per cent milk solids other than butterfat;

(k) “sterile milk”, “sterilized milk”, “Ultra High Temperature Milk” or “U.H.T. milk” means a fluid milk product which has been heated without appreciable change in volume to a temperature of not less than 135° C for not less than two seconds or such other temperature-time relationship as may be required to ensure a bacteriological shelf-life of at least four weeks in the package at a temperature of not less than 20° C;

(l) “table cream” or “coffee cream” means fluid milk which contains not less than 16 per cent and not more than 31.9 per cent butterfat; and

(m) “whipping cream” means fluid milk which contains not less than 32 per cent butterfat.

88-249; 90-121; 97-102

9No person shall sell any class of fluid milk product which does not meet the minimum percentage of butterfat, or minimum percentage of milk solids other than butterfat, or both, as set forth in section 8.

10The following classes of milk products are designated as manufactured milk products:

(a) butter;

(b) buttermilk powder;

(c) casein;

(d) cheese;

(e) cheesecake;

(f) condensed milk;

(g) Repealed: 97-102

(h) evaporated milk;

(i) evaporated skimmed milk;

(j) ice cream;

(k) ice cream mix;