Schedule 1 - General Regulations

Link to law: https://www.novascotia.ca/just/regulations/regs/disch1.htm

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Schedule 1 - General Regulations
made under Section 9 of the

Dairy Industry Act

S.N.S. 2000, c. 24

N.S. Reg. 198/89 (August 11, 1989)

as amended to N.S. Reg. 310/2015 (August 19, 2015, effective September 1, 2015)

[Note: the Nova Scotia Dairy Commission does not exist under the Dairy Industry Act; the Dairy Farmers ofNova Scotia and the Natural Products Marketing Council regulate the industry under the new Act.]

 

1     In these regulations, unless the context otherwise requires

 

                (a)    “Act” means the Dairy Industry Act;

 

                (b)    “chocolate partially skimmed milk” means chocolate flavoured milk containingnot less than 2% butterfat or 20.7 grams of butterfat per litre;

 

                (c)    “Commission” means the Nova Scotia Dairy Commission as now or from timeto time hereafter constituted under the provisions of the Dairy CommissionAct;

 

                (d)    “consumer” means any person who purchases milk for consumption and notfor resale;

 

                (e)    “Cream” means a product of milk containing not less than 5% butterfat,

Clause 1(e) amended: N.S. Reg. 127/2014.

 

                         (i)     “Light Cream” means cream containing not less than 5% butterfat andless than 10% butterfat, and

Subclause 1(e)(i) amended: N.S. Reg. 127/2014.

 

                         (ii)    “Blend” means cream testing not less than 10% butterfat or 103 gramsper litre and not more than 17.9% butterfat or 182 grams of butterfat perlitre, and

 

                         (iii)   “Coffee Cream” means cream testing not less than 18% butterfat or 183grams of butterfat per litre and not more than 34.9% butterfat or 360grams of butterfat per litre, and

 

                         (iv)   “Whipping Cream” means cream testing not less than 35.0% butterfat or361 grams of butterfat per litre;

Clause 1(e) replaced: N.S. Reg. 38/98.

 

                (f)    “cream producer” means a producer who delivers farm separated cream to aprocessor;

 

                (g)    “dairy product” means dairy product as defined in the Act;

 

                (h)    “distributor”, except as otherwise provided in these regulations, means aperson who carries on the business of processing, marketing or distributingmilk or fluid milk for fluid consumption, but does not include a jobber orstorekeeper, or any person designated by the regulations as a person to whomSection 6 of the [Dairy Commission] Act shall not apply;

Clause 1(h) amended: N.S. Reg. 188/2011.

 

                (i)     “fluid milk” means any processed dairy product prepared for sale in liquidform;

Clause 1(i) added: N.S. Reg. 62/99.

 

                (j)     “inspector” means an inspector appointed by the Commission;

Clause 1(i) relettered (j): N.S. Reg. 62/99.

 

                (k)    “jobber” means any person who purchases or receives from a licenseddistributor for resale, but does not include a storekeeper nor any personsdesignated by the regulations as a person to whom Section 6 of the [DairyCommission] Act shall not apply;

Clause 1(j) relettered (k): N.S. Reg. 62/99.

 

                (l)     “milk” means milk as defined in the Act;

Clause 1(k) relettered (l): N.S. Reg. 62/99.

 

                (m)   “monthly basis” means the practice of paying with[in] fifteen days of the closeof each calendar month for all milk purchased during such month;

Clause 1(l) relettered (m): N.S. Reg. 62/99.

 

                (n)    “partially skimmed milk” means milk that has had a portion of the butterfatremoved,

Clause 1(m) relettered (n): N.S. Reg. 62/99.

 

                         (i)     “0.5% milk” means milk containing not less than 0.5% butterfat or 5.2grams of butterfat per litre, and not more than 0.7% butterfat or 7.2grams of butterfat per litre,

Subclause 1(n)(i) added: N.S. Reg. 62/99.

 

                         (ii)    “1% partially skimmed milk” means milk containing not less than 1%butterfat or 10.4 grams of butterfat per litre and not more than 1.2%butterfat or 12.4 grams of butterfat per litre, and

Subclause 1(n)(i) renumbered (ii): N.S. Reg. 62/99.

 

                         (iii)   “1% partially skimmed milk with added milk solids” means milkcontaining not less than 1.0% butterfat or 10.4 grams per litre and notmore than 1.2% butterfat or 12.4 grams per litre and containing not lessthan 10% milk solids not including butterfat, and

Subclause 1(n)(ii) renumbered (iii): N.S. Reg. 62/99.

 

                         (iv)   “2% partially skimmed milk” means milk containing not less than 2%butterfat or 20.7 grams of butterfat per litre and not more than 2.2%butterfat or 22.8 grams of butterfat per litre;

Subclause 1(n)(iii) renumbered (iv): N.S. Reg. 62/99.

 

                (o)    Every reference to the percentage of butterfat content of milk is on the basis ofweight and not of volume;

Clause 1(n) relettered (o): N.S. Reg. 62/99.

 

                (p)    “processor” means a person engaged in processing;

Clause 1(o) relettered (p): N.S. Reg. 62/99.

 

                (q)    “processing” means processing as defined in the Act;

Clause 1(p) relettered (q): N.S. Reg. 62/99.

 

                (r)    “producer” means a producer of milk or cream to whom a Total ProductionQuota has been allotted by the Commission;

Clause 1(q) relettered (r): N.S. Reg. 62/99.

 

                (s)    “producer processor” means any person who processes milk, all or any part ofwhich he is the producer;

Clause 1(r) relettered (s): N.S. Reg. 62/99.

 

                (t)     (i)     “skim milk” means milk containing not more than .3% butterfat or 3.1grams of butterfat per litre,

 

                         (ii)    “skim milk with added milk solids” means, milk containing not morethan .3% butterfat or 3.1 grams of butterfat per litre, and containing notless [than] 10% milk solids, not including butterfat;

Original clause 1(s) replaced: N.S. Reg. 115/97.

Clause 1(s) relettered (t): N.S. Reg. 62/99.

 

                (u)    “storekeeper” means any person who carries on a retail grocery business, andincludes wholesale and discount food stores;

Clause 1(t) relettered (u): N.S. Reg. 62/99.

 

                (v)    “transporter” means a transporter of milk or cream;

Clause 1(u) relettered (v): N.S. Reg. 62/99.

 

                (w)   “ultra high temperature milk” means milk that has been heated withoutappreciable change in volume to a temperature of not less than 135o C for notless than two seconds or such other temperature time relationship as may berequired to ensure a bacteriological shelf life of at least four weeks in thepackage at a temperature of not less than 20o C;

Clause 1(v) relettered (w): N.S. Reg. 62/99.

 

                (x)    “unnatural inhibitor” means any antibiotic, medicine or chemical preparationthat can be detected in milk;

Clause 1(w) relettered (x): N.S. Reg. 62/99.

 

                (y)    “whole milk” means milk containing not less than 3.25% butterfat and less than5% butterfat.

Clause 1(x) relettered (y): N.S. Reg. 62/99; amended: N.S. Reg. 127/2014.

Section 1 replaced: N.S. Reg. 116/94.

 

2     Every application for a licence or for the renewal of a licence shall be on the form suppliedby the Commission, and shall contain the information asked for thereon, and beaccompanied by the prescribed fee (if any) which shall be returned in the event of thelicence or renewal of licence being refused.

 

3     Every licence shall be limited to the premises identified by such licence, and except asotherwise stated herein, shall be valid for a period of three years, as stated on the licence.

Section 3 replaced: N.S. Reg. 7/99.

 

4     Every licensee who purchases milk shall pay for all milk purchased by him on the basisspecified in the licence issued to him or in the Act or in the regulations made by theCommission.

Subsection 5(1) repealed: N.S. Reg. 63/2001 (Producer and Distributor Licence Fees Regulations).

Subsections 5(2)-(5) repealed: N.S. Reg. 88/97.

 

6     Every distributor on or before the 15th day of each month shall furnish the Commissionwith

 

                (a)    a statement of all milk purchased and sold by him during the previous month,and such statement shall show separately the amounts of milk purchased forClass 1 Milk, Class 2 Milk, and for any other purposes, as required in themonthly fluid milk and cream report, together with the prices paid therefor; and

 

                (b)    a statement of all milk purchased and the utilization of such milk as required inthe plant balance report form.

 

7     Clause 7(a) repealed: N.S. Reg. 63/2001 (Producer and Distributor Licence Fees Regulations).

 

                (b)    The fee to be paid for a jobber licence shall be $5.00 and shall be paid inadvance to the Commission.

Section 7 replaced: N.S. Reg. 87/96.

 

8     The percentage of butterfat content shall be determined by the “Official Babcock Method”or by means of the Foss Electronic System of milk testing for butterfat.

 

9     (1)    For the purpose of determining butterfat content,

 

                (a)    samples of milk or cream purchased for a producer shall be taken by thedistributor or processor from each weighing delivered to the plant, other thanby milk tank truck, and the distributor or processor shall make a compositesample of the milk and cream received from each producer by putting eachsample of milk and cream received from the producer into one container onwhich is clearly marked the name or number of the producer in a period of notmore than 16 days;

 

                (b)    a distributor or processor shall make a composite sample of the milk and creamreceived from each producer by milk tank truck by putting each sample of milkor cream delivered to him by the milk tank truck grader pursuant to Section 13of the regulations with respect to the transportation of milk made by the NovaScotia Dairy Commission under the provisions of the Dairy Commission Actof milk or cream received from the producer in a period of not more than 16days into the one container on which is clearly marked the name or number ofthe producer.

 

       (2)    The distributor or processor shall test or cause to be tested each composite sample ofmilk or cream for butterfat content with[in] 5 days after the last sample has beenadded to the composite sample.

 

       (3)    Where the butterfat content as determined by an inspector's check test varies fromthe tests made by the distributor or processor by two-tenths of one percent or more inthe case of a milk test or by two percent or more in the case of a cream test, thecheck tests so made by the inspector shall be deemed to be the correct test and shallbe used in computing the price of the milk or cream.

Section 9 replaced: N.S. Reg. 116/94.

 

10   After testing, the remainder of all samples shall be kept for a period of ten days under likeconditions as if being kept for testing, or for such period as the Commission, in any case,may require.

 

11   The inspector shall have access at all times to all milk in transit or in the possession of anylicensee and may take samples thereof without payment therefor.

 

12   As between a distributor and a producer, the price of milk shall be determined on a volumeand butterfat test basis.

 

13   A distributor purchasing milk from a producer on a volume and test basis, shall keep arecord of the producer's name, address and the daily volume of milk received from suchproducer. When making returns to the producer, the distributor shall furnish the producerwith a statement, accompanying payment, showing the period for which the payment ismade, the total volume of the milk received during the period, either the butterfat at test foreach test period or the average of the two butterfat tests extended to the second place afterthe decimal and unless otherwise authorized by the Commission, the volumes of milkpurchased for Class 1 milk and for any other purposes, the rate or rates paid per 100 litresfor such milk, the total amount paid and particulars of any deductions, and where a quotahas been established, the statement shall show the amount of such quota.

 

14   Where a wholesale and a retail price is indicated in the regulations,

 

                (a)    the wholesale price shall be charged every storekeeper irrespective of thequantity purchased;

 

                (b)    the wholesale price shall be charged for all milk or fluid milk supplied undermilitary, navy, air force and institutional contract;

Clause 14(b) amended: N.S. Reg. 188/2011.

                (c)    the wholesale price may be charged for milk, fluid milk or cream purchased byan employee of a distributor, irrespective of the quantity purchased;

Clause 14(c) amended: N.S. Reg. 188/2011.

 

                (d)    provided this regulation [Section] shall not apply to purchases made by ajobber from a distributor; and

 

                (e)    in all other cases, the retail price shall be charged.

 

15   Every licence shall comply with the relative provisions of the “Health Act”.

 

16   (1)    These regulations shall apply to the whole of the Province.

 

       (2)    All persons other than

 

                (a)    producers who produce for sale to distributor[s] who are required to belicensed;

 

                (b)    distributors and jobbers anywhere within the Province who sell or distribute 10litres or more of milk or fluid milk daily; and

Clause 16(2)(b) amended: N.S. Reg. 188/2011.

 

                (c)    producer processors, and persons carrying on, establishing or commencing theoperation of a dairy manufacturing plant,

 

are hereby designated as persons not required to be licensed under the Act.

Section 16 replaced: N.S. Reg. 116/94.

 

17   (1)    No distributor shall discontinue the purchase of milk from a producer without leaveof the Commission except

 

                (a)    where milk has been found by the distributor to be of unsanitary quality andthe producer has been notified of such finding and such finding has beenconfirmed by the Nova Scotia Dairy Commission;

 

                (b)    where a producer has shipped at a rate of less than 110 litres per day for morethan two consecutive months.

 

       (2)    No producer shall discontinue the sale of milk to a distributor without leave of theCommission.

 

18   No distributor shall make any charge to or debit the account of a producer for weighing,testing, refrigerating or processing milk sold or being sold by the producer to thedistributor.

 

19   No distributor shall compel or induce producers to invest money either directly orindirectly in a dairy manufacturing plant or other equipment in order that such producersmay obtain or retain a market for their milk, except as provided in Section 12(1)(d) of theDairy Commission Act. [Note: Section 12 of the Dairy Commission Act was repealed by S.N.S.1994, c. 17, s. 7.]

Section 19 replaced: N.S. Reg. 116/94.

 

20   No distributor shall compel or induce a producer to lend, give or pay monies in order toobtain or retain a market for milk, except as provided in Section 12(1)(d) of the DairyCommission Act. [Note: Section 12 of the Dairy Commission Act was repealed by S.N.S. 1994, c. 17,s. 7.]

Section 20 replaced: N.S. Reg. 116/94.