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Schedule 8 - Regulations for Specified Areas

made under Sections 9 and 14 of the

Dairy Industry Act

S.N.S. 2000, c. 24

N.S. Reg. 205/89 (August 11, 1989)

as amended up to N.S. Reg. 45/2014 (March 12, 2014)

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

 

1     The following areas of the Province of Nova Scotia are designated as specified areas and the regulations for specified areas are hereby declared to apply to such areas in the manner and to the extent set forth in such regulations:

 

Nova Scotia Mainland (embracing all cities, towns, villages and communities in the Nova Scotia mainland except Yarmouth County)

 

Cape Breton Island (embracing all cities, towns, villages and communities in Cape Breton Island)

 

Yarmouth Area (embracing all cities, towns, villages, and communities in Yarmouth County).

Section 1 replaced: N.S. Reg. 62/94.

 

2     For the purpose of determining the price of milk to be paid by a distributor to a producer the price of milk shall be for milk delivered to the premises of the distributor.

Section 2 replaced: N.S. Reg. 62/94.

 

3     Subsections 3(1) and (2) repealed: N.S. Reg. 110/2001 (Fluid Milk Categories and Classes Regulations), effective August 7, 2001.

Original subsection 3(3) repealed and subsection 3(6) renumbered (3): N.S. Reg. 63/99; subsection 3(3) repealed: N.S. Reg. 110/2001 (Fluid Milk Categories and Classes Regulations), effective August 7, 2001.

Original subsection 3(4) repealed and subsection 3(7) renumbered (4): N.S. Reg. 63/99; subsection 3(4) repealed: N.S. Reg. 3/2006 (Milk Classes and Categories Regulations), effective February 1, 2006.

Original subsection 3(5) repealed and subsection 3(8) renumbered (5): N.S. Reg. 63/99; subsection 3(5) repealed: N.S. Reg. 3/2006 (Milk Classes and Categories Regulations), effective February 1, 2006.

Subsection 3(9) renumbered (6): N.S. Reg. 63/99; subsection 3(6) repealed: N.S. Reg. 3/2006 (Milk Classes and Categories Regulations), effective February 1, 2006.

Subsection 3(10) renumbered (7): N.S. Reg. 63/99; subsection 3(7) repealed: N.S. Reg. 3/2006 (Milk Classes and Categories Regulations), effective February 1, 2006.

Subsection 3(11) renumbered (8): N.S. Reg. 63/99; subsection 3(8) repealed: N.S. Reg. 3/2006 (Milk Classes and Categories Regulations), effective February 1, 2006.

Subsection 3(12) renumbered (9): N.S. Reg. 63/99; subsection 3(9) repealed: N.S. Reg. 3/2006 (Milk Classes and Categories Regulations), effective February 1, 2006.

Subsection 3(13) renumbered (10): N.S. Reg. 63/99; subsection 3(10) repealed: N.S. Reg. 3/2006 (Milk Classes and Categories Regulations), effective February 1, 2006.

Subsection 3(14) renumbered (11): N.S. Reg. 63/99; subsection 3(11) repealed: N.S. Reg. 3/2006 (Milk Classes and Categories Regulations), effective February 1, 2006.

Subsection 3(15) renumbered (12): N.S. Reg. 63/99; subsection 3(12) repealed: N.S. Reg. 3/2006 (Milk Classes and Categories Regulations), effective February 1, 2006.

Subsection 3(16) renumbered (13): N.S. Reg. 63/99; subsection 3(13) repealed: N.S. Reg. 3/2006 (Milk Classes and Categories Regulations), effective February 1, 2006.

Subsection 3(17) renumbered (14): N.S. Reg. 63/99; subsection 3(14) repealed: N.S. Reg. 3/2006 (Milk Classes and Categories Regulations), effective February 1, 2006.

Subsection 3(18) renumbered (15): N.S. Reg. 63/99; replaced: N.S. Reg. 151/2000; subsection 3(15) repealed: N.S. Reg. 3/2006 (Milk Classes and Categories Regulations), effective February 1, 2006.

 

       (19)  No person shall sell or transport bulk milk, as defined in Schedule 7*, outside the Province without the prior written permission of the Commission. [*Note: Schedule 7 replaced by N.S. Reg. 46/2001, Bulk Milk Transporter Regulations.]

Subsection 3(19) added: N.S. Reg. 4/98.

Section 3 replaced: N.S. Reg. 126/95.

 

4     Except as otherwise ordered by the Commission, the price to be paid by a distributor supplying a specified area to producers for Class 1 milk sales in such specified area shall be the price paid to producers in said specified area as determined in accordance with the regulations of the Commission and the schedules relating to such specified area.

 

5     The price to be paid by a distributor supplying a specified area to another distributor for milk for Class 1 sales in such specified area shall be the price to producer in said specified area as determined in accordance with the regulations of the Commission and the schedules relating to such specified area.

 

6     The price to be paid by a distributor to producers for milk sold to another distributor or processing plant shall be the price received for such milk, less such cost of handling and haulage as may be approved by the Commission.

Section 6 replaced: N.S. Reg. 62/94.

 

7     When the price paid for milk by a distributor to producers licensed under the provisions of the Dairy Industry Act varies according to the use thereof, the proportion of milk required by a distributor for Class 1 and Class 2 requirements shall be allocated, respectively, to the licensed producers supplying such distributor.

 

8     Prices contained in the schedule of milk prices for specified areas to be paid to the producer are for standard test milk.

 

9     Except as otherwise ordered by the Commission, milk sold by distributors or jobbers to consumers or storekeepers in a specified area shall be at the prices determined in accordance with the regulations of the Commission and the schedules relating to such specified area.

 

10   In subsection 10(c) only, “non-pricing tools” means an incentive provided under a customer loyalty marketing program for the discount purchase or giveaway of goods or services.

Section 10 amended: N.S. Reg. 144/2010.

 

                (a)    No person shall sell fluid milk at retail to the ultimate consumer for a price less than the minimum retail price.

 

                (b)    The minimum retail price for milk sold by storekeepers to the ultimate consumer shall be the wholesale price as established from time to time by the schedule to these regulations.

 

                (c)    The use of coupons and other non-pricing tools used by manufacturers and retailers of fluid milk products are only permitted where the promotion is generic and does not promote any specific dairy brand nor cause the price paid by the consumer to fall below the regulated minimum price when the value of the coupon or other non-pricing tool is deducted from the retail price.

Clause 10(c) replaced: N.S. Reg. 144/2010.

 

                (d)    Fluid milk products cannot be given away as part of any marketing or promotional programs except for sampling purposes and the sponsorship of charity events.

Clause 10(d) replaced: N.S. Reg. 144/2010.

Section 10 replaced: N.S. Reg. 23/91.

 

11   All milk and cream sold by distributors and jobbers shall be for cash or prepaid tickets except the following accounts:

 

                (a)    hospitals, charitable institutions, schools, steamship and railway companies;

 

                (b)    government accounts;

 

                (c)    such other wholesale account as may be mutually agreed upon by the distributor or jobber and said wholesale purchaser.

 

12   When schedule prices include a fraction of a cent per unit, single sales may be adjusted to the nearest highest cent.

 

13   Except as otherwise provided by regulation, whole milk sold wholesale or retail shall not contain less than 33.5 grams of butterfat per litre.

 

14   No distributor shall purchase milk and no producer shall sell milk at prices other than those determined in accordance with the orders and regulations of the Commission and the schedules relating to specified areas.

 

15   The Commission may allow a distributor to charge a price for milk higher than the price of milk as set forth in the Schedule of Milk Prices for Specified Areas on application submitted by such distributor for a higher price.

 

16   Prices prescribed by the Commission from time to time by Order for the sale of milk in the grades, quantities and containers prescribed by the Commission in the specified areas shall be the standard of price charged for all milk sold until further Order of the Commission.

 

17   A distributor must notify the Nova Scotia Dairy Commission five full working days in advance of importing milk from outside the province for use as Class 1, Class 2, or fluid classification for Market Sharing Quota purposes, at any processing plant, branch or subsidiary.

 

18   Milk acquired by a processor from producers within the province shall be allocated to the highest value utilization by the processor, unless the processor obtains specific exemption from the Council.

Section 18 amended: N.S. Reg. 45/2014.

 

19   Where milk is received for processing from outside the province and no specific exemption has been received by the distributor, such milk shall be allocated to the lowest value utilization by such distributor.

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