Processor Licensing Regulations

Link to law: https://www.novascotia.ca/just/regulations/regs/diproclic.htm

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Processor Licensing Regulations
made under Section 9 of the

Dairy Industry Act

S.N.S. 2000, c. 24

N.S. Reg. 111/2010 (July 15, 2010, effective August 1, 2010)

Citation

1     These regulations may be cited as the Processor Licensing Regulations.

Application

2     These regulations apply to processors of cows’ milk.

Definitions

3     In these regulations,

 

“Act” means the Dairy Industry Act;

 

“cow” means the mature female of domestic cattle, genus Bos.

Licensing authority

4     The Council is the licensing authority referred to in Section 7 of the Act for the issuance ofa processor licence.

Processor licence required for each dairy plant

5     (1)    A person who operates more than 1 dairy plant must hold a separate processorlicence for each plant.

 

       (2)    Each dairy plant operated by the same processor is deemed to be operated by aseparate processor.

Form of processor licence

6     A processor license must include all of the following:

 

                (a)    the licence number;

 

                (b)    the name and address of the licensee;

 

                (c)    the name and address of the dairy plant for which the licence is issued;

 

                (d)    the type of dairy plant for which the licence is issued;

 

                (e)    the effective date and the expiry date of the licence;

 

                (f)    the Council manager’s signature; and

 

                (g)    any terms and conditions imposed by the Council.

Term of processor licence

7     A processor licence becomes effective on the date stated on the licence and expires 3 yearsafter the effective date or on an earlier date determined by the Council.

Processor licence fee

8     (1)    The fee for a processor licence or for renewal of a processor licence is $75.

 

       (2)    If a processor licence expires on a day other than an anniversary of its effective date,the Council may prorate the licence fee payable for that part of the year from the lastanniversary to the expiry.

Conditions of processor licence

9     (1)    It is a condition of every processor licence that

 

                (a)    the licensee must not permit an employee to work in the dairy plant unless theemployee is

 

                         (i)     free of communicable disease, and

 

                         (ii)    wearing outer clothing that is clean and light in colour;

 

                (b)    every milk grader at the licensee’s dairy plant must hold a Graders’ Licenseissued by the appropriate authority;

 

                (c)    the licensee must observe, perform and carry out the provisions of the Act, theregulations, all applicable agreements and orders of the Board and the Council;and

 

                (d)    the applicant complies with the Health Protection Act and regulations.

 

       (2)    The Council may issue a processor licence subject to the condition that the licenseefurnish a surety in the event of default of payment.

Applying for processor licence

10   (1)    An application for a processor licence must be made to the Council on an applicationform provided by the Council and must include all of the following:

 

                (a)    the category and volumes of cows’ milk to be processed;

 

                (b)    the types of dairy products to be processed;

 

                (c)    an outline of the proposed business plan, including all of the following:

 

                         (i)     an executive summary,

 

                         (ii)    the names of the parties involved,

 

                         (iii)   the marketing approach,

 

                         (iv)   a sales forecast,

 

                         (v)    the amount of capital investment,

 

                         (vi)   financial projections;

 

                (d)    a cheque in the amount of the licence fee specified in Section 8.

 

       (2)    A licence fee paid with an application is refundable if the application is refused.

Current licensee applying for changes to terms and conditions

11   Where a current licensee proposes changes to the terms and conditions of their license,these must be reviewed and approved before any changes are made by the licensee.

Applying for renewal of processor licence

12   (1)    An application to renew a processor licence must be submitted to the Council at least90 days before the expiry of the licence on an application form provided by theCouncil.

 

       (2)    A renewal application must include details about any proposed changes to the dairyproducts being processed at the dairy plant for which the licence is issued.

 

       (3)    Where the renewal application requests changes to its current terms and conditions,the applicant must provide a detailed explanation of the changes and the justificationfor these changes.

Applying for transfer of processor licence

13   (1)    An application to transfer a processor licence must be submitted to the Council atleast 90 days before the expiry of the licence on an application form provided by theCouncil.

 

       (2)    A transfer application must include

 

                (a)    details about any proposed changes to the dairy products and their relatedvolumes currently being processed at the dairy plant for which the licence isissued; and

 

                (b)    details of the proposed transfer including:

 

                         (i)     the rationale for the change,

 

                         (ii)    the justification for the change, and

 

                         (iii)   the potential impact of this change on the dairy industry.

 

       (3)    A processor licence must not be transferred without the written approval of theCouncil.

Application review procedure

14   (1)    An application for a processor licence or a renewal or transfer of a processor licencemust be reviewed and assessed in accordance with the following procedure:

 

                (a)    on receipt of an application, the Council must check it for completeness and,except as provided in subsection (2), forward it to the Board for arecommendation;

 

                (b)    on receipt of an application for review and recommendation, the Board must

 

                         (i)     review the application to determine the availability and the best methodof delivering raw milk supplies based on the location of the dairy plantand the volume of milk to be processed,

 

                         (ii)    forward the application and the results of the Board’s review to theBoard’s Advisory Committee for Milk,

 

                         (iii)   forward a recommendation to Council for a final decision.

 

       (2)    A renewal application that does not identify details about any proposed changes tothe dairy products currently being processed at the dairy plant may be reviewed bythe Council without a Board recommendation.

 

       (3)    At least 90 days must be allowed for reviewing and assessing an application.

Refusal to issue or renew a licence

15   (1)    In addition to the reasons specified in subsection 7(3) of the Act, the Council mayrefuse to issue or renew a processor licence for any of the following reasons:

 

                (a)    the applicant does not comply with the Act, the regulations, an agreement or anorder of the Board or the Council;

 

                (b)    the applicant has failed to comply with any condition of a processor licenceheld by the applicant;

 

                (c)    any material representation or information made or provided by or on behalf ofthe applicant is false or misleading;

 

                (d)    the applicant does not comply with the Health Protection Act and regulations;

 

                (e)    having regard to the needs of the industry and to the facilities of other dairyplants in operation, the dairy plant for which the licence is sought is notnecessary or desirable.

 

       (2)    In deciding whether to refuse to issue or renew a processor licence in accordancewith subsection 7(3) of the Act because issuance or renewal is not in the publicinterest, the Council may consider the past conduct of the applicant or, if theapplicant is a corporation, of its officers or directors.

Council may suspend or revoke processor licence

16   The Council may, after a hearing, suspend or revoke a processor licence for failure tocomply with any of the conditions on which it was issued.

Council may impose penalty

17   If, after a hearing, the Council determines that a licensee or former licensee hascontravened any condition of a processor licence, the Council may impose a penalty.

Licensee ceasing to carry on business

18   If a licensed processor ceases to carry on the business for which the processor is licensed,the licensee must immediately surrender the licence to the Council.

Category requirements

19   (1)    Processor licensees must segregate all different categories of milk for processingpursuant to the Milk Classes and Categories Regulations.

 

       (2)    For products processed as certified, a proof and maintenance certificate issued by anational certification body recognized by the Board or the Council is required.