This is an official version. Copyright © 2006: Queen's Printer, Important Information
Newfoundland Regulation 1998 Milk Scheme, 1998 (Filed July
20, 1998) Under the
authority of section 11 of the Natural
Products Marketing Act, the minister makes the following Order. Dated at Kevin
Aylward ORDER Analysis . Short
title 2. Definitions 3. Purpose
and application 4. Name
and constitution of DFNL 5. Financial
operations 6. Duties
of the DFNL 7. Agreement
with other bodies 8. Powers
of DFNL 9. Registration
and information required 10. Prohibitions 11. Prohibitions 12. Repeal Schedule Short title 1. This Order may be cited as the Milk Scheme, 1998. Definitions 2. In this Order (a) "Act"
means the Natural Products Marketing Act; (b) "APMB"
means the Agricultural Products Marketing Board; (c) "dairy"
means a place where milk is gathered or produced for processing and packaging
for sale or resale; (d) "DFNL"
means the Dairy Farmers of Newfoundland and (e) "director"
means a director of the DFNL elected under section 4; (f) "distributor" means a person engaged in selling or
distributing milk or milk products directly or indirectly to consumers and
includes a processor and a dairy operator; (g) "HRI
tradesperson" means a person engaged in buying milk for the purposes of
resale to the public through a food services premises; (h) "licence"
means a licence issued by the DFNL; (i) "milk" includes all classes and grades of cows fluid milk
whether whole, reduced or flavoured and shall include cream and reconstituted
milk and ultra high temperature ( (j) "minister" means the minister appointed under the Executive Council Act to administer the
Act; (k) "person"
includes a body of persons whether incorporated or not; (l) "processing" means heating, pasteurizing, evaporating, drying,
churning, freezing, separating into component parts, combining with other
substances by any process or otherwise treating milk in the manufacture, packaging
and preparation of a food product and may include distribution; (m) "processor"
means a person engaged in the processing of milk; (n) "producer"
means a person engaged in the collection or manufacture of milk for marketing
purposes and does not include a person who produces milk for his or her own use
or that of his or her family; (o) "quota"
means a daily production quota issued to a producer by the DFNL; (p) "reconstituted
milk" means milk powder to which water or other ingredients have been added; (q) "registered
processor" means a processor who holds a valid licence issued by the DFNL; (r) "registered producer" means a producer who holds a valid
licence issued by the DFNL; (s) "retailer"
means a person who buys the product for resale to a consumer; and (t) "vehicle" means a device in which or upon which a person
or thing may be transported. Purpose and application 3. (1) The purpose and intent of this
Scheme is to provide for the promotion, control and regulation of the
production and marketing of milk within the province, including the prohibition
of the production and marketing of milk. (2) This
Scheme shall apply to all producers, HRI tradespersons, retailers, processors,
distributors, dairy operators and other persons engaged in the production and
marketing of milk. Name and constitution of DFNL 4. (1)There shall be a commodity board
known as the Dairy Farmers of Newfoundland and (2) The
DFNL shall consist of not more than 6 directors elected or appointed as
prescribed by this section. (3) Five
directors of the DFNL shall be registered producers and they shall be elected
by registered producers for a 2 year term. (4) Of
the 5 directors elected under subsection (3), 2 shall be elected from the East
Dairy Zone, one shall be elected from the Central Dairy Zone, and 2 shall be
elected from the West Dairy Zone. (5) The
dairy zones referred to in subsection (4) shall be described in the Schedule. (6) The
minister may appoint one person as a director of the DFNL for a 2 year term. (7) The
DFNL shall be operated on a fiscal year commencing January 1 and ending on
December 31 in every year. (8) The
DFNL shall call a general meeting of all registered producers to be held within
3 months of the end of the fiscal year in every year. (9) The
chairperson and vice chairperson of the DFNL shall be registered producers and
shall be elected from and by the DFNL directors for 2 year terms. (10) The
term of a director who is a registered producer shall expire if that director
ceases to be a registered producer. (11) Subsection
(10) includes the chairperson and the vice-chairperson of the DFNL, but does
not include a director appointed by the minister under subsection (6). (12) A
quorum shall consist of a majority of the directors of the DFNL. (13) If
at a meeting of the DFNL there is an equality of votes inclusive of his or her
own vote, the director of the DFNL presiding at the meeting has a second or
casting vote. (14) A
director of the DFNL may not vote at a meeting of the DFNL if he or she is in
arrears in a payment to the DFNL. (15) When
a vacancy occurs among the directors of the DFNL before the expiry of that
director's term of office the DFNL may, in its discretion, hold a special
election. (16) The
DFNL may, by a majority vote of the directors of the DFNL, remove a director of
the DFNL who, without reasonable excuse, is absent from 3 consecutive meetings
of the DFNL. (17) Notwithstanding
that it is discovered that there was some defect in the appointment, election
or qualifications of a person as a director of the DFNL, all acts of the DFNL
shall be as valid as if it were and had been validly constituted. (18) The
DFNL shall be a body corporate and shall have perpetual succession and a common
seal and may sue and be sued in a court. (19) Notwithstanding
subsection (1), directors of the Newfoundland Milk Marketing Board appointed or
elected prior to the coming into force of this Scheme shall continue as
directors of the DFNL for the remainder of their term. (20) Nothing
in this Scheme shall affect the validity of a policy or directive of the
Newfoundland Milk Marketing Board made prior to the coming into force of this
Scheme. Financial operations 5. (1) The DFNL shall have its
accounts audited annually within 3 months after the end of the fiscal year. (2) An
audit conducted under subsection (1) shall be conducted in accordance with
generally accepted accounting principles. (3) Within
3 months after the end of its fiscal year or at the annual meeting, the DFNL
shall provide to registered producers and the APMB copies of the annual
statement of operations and the financial report of the DFNL. Duties of the DFNL 6. The DFNL shall promote, regulate
and control the production and marketing of milk in the province by producers,
processors, distributors, retailers, dairy operators and HRI tradespersons. Agreement with other bodies 7. Under the authority of subsection 9(2)
of the Act and subject to the prior written approval of the APMB, the DFNL may (a) co-operate
with and enter into agreements with the Government of Canada, another province,
a department, agency, board, council or body under the jurisdiction of the Parliament
of Canada or the Legislature of a province of Canada in a manner and to an
extent that may be necessary or desirable to produce, market, promote,
facilitate, control, regulate or prohibit the production or marketing of milk
and act with any government, department, agency, board, council or body; and (b) enter
into an agreement with the Government of Canada under the Farm Products Marketing Agencies Act (Canada) and implement the
provisions of it by making the rules, orders and regulations and carrying out
the acts that may be necessary to implement and to enable any persons or agency
referred to in the agreement to implement a plan contemplated by the agreement. Powers of the DFNL 8. Under the authority of subsection
9(2) of the Act, the DFNL may (a) establish
offices for the purposes of carrying out this Scheme and appoint those
officers, inspectors and other employees that may be necessary for the
administration of this Scheme; (b) prescribe
the terms and conditions of employment of the officers, inspectors and
employees appointed under paragraph (a); (c) establish
and fix the wages, salaries and remuneration of the directors and employees of
the DFNL, including travelling expenses; (d) exempt
a person or classes of persons engaged in the production and marketing of milk
from this Scheme; (e) require
persons engaged in the production and marketing of milk to provide the
information that the DFNL may require; (f) inspect the books and premises of persons engaged in the production
and marketing of milk; (g) subject
to the prior written approval of the APMB, fix, impose and collect service
charges, levies or fees for the production and marketing of milk and use the
money received to carry out the provisions of this scheme; (h) seize,
detain, and dispose of milk which has been produced or marketed in violation of
the Act, this scheme, and any regulations made under it; (i) require a person in charge of a vehicle believed to be conveying
milk to stop the vehicle and permit an inspector or other person appointed by
the DFNL to inspect the vehicle and its contents; (j) require a person to permit an inspector or other person appointed
by the DFNL for the purpose to inspect property on which milk is kept or
suspected of being kept and to permit entry by the inspector upon property and
into a building or structure for the purpose of carrying out an inspection; (k) provide
for the production or marketing of milk on a quota basis with provision made
for new entrants into production as the provincial quota increases; (l) fix and allot, or the refuse to fix and allot to producers, quotas
for the production or marketing of milk on the basis that it considers proper; (m) cancel,
reduce, or refuse to increase a quota fixed and allotted to a producer for the
production or marketing of milk that the DFNL considers proper; (n) prescribe
the terms and conditions upon which a producer may produce or market milk in
excess of the quota fixed and allotted to him or her; (o) prohibit (i) a producer to whom a quota has not been fixed and allotted for the
production or marketing of milk, (ii) a registered producer whose quota has been cancelled, and (iii) a registered producer who has been marketing milk in excess of the
quota, from marketing
milk; (p) provide
for the licensing of producers processors, retailers, HRI tradespersons,
distributors, dairy operators, and other persons engaged in the production or
marketing of milk and provide the form of licences and the terms and conditions
upon which licences may be issued, refused, renewed, suspended or revoked; (q) prohibit
producers from engaging in the production or marketing of the milk except under
the authority of a licence; (r) adopt, determine and set a minimum price to be paid to producers
for the marketing of the milk; (s) purchase,
lease or otherwise acquire and sell and dispose of real and personal property,
borrow money upon security and do other things that may be necessary or
desirable to implement the provisions of this scheme or receive, from a source,
lands, buildings, money or other property by way of gift or trust for public
use or for the use of the DFNL; and (t) make those orders and regulations and the taking of that action
that may be necessary to enforce the provisions of this Scheme or an order or
regulation made under it. Registration and information required 9. (1) The DFNL shall require all
producers and processors of milk to register their names and addresses with the
DFNL and to provide other information on the production, processing and
marketing of milk that it considers necessary. (2) An
official list of the names and addresses and quotas of all registered producers
shall be kept at the main office of the DFNL and shall be open for inspection
by a registered producer during regular business hours and an up-to-date copy
of the official list of names and addresses of all registered producers shall
be sent to a registered producer and to the APMB upon request. Prohibitions 10. A person shall not engage in the
production or processing of milk in the province unless he or she (a) holds
a valid licence issued by the DFNL; and (b) pays
the fee prescribed by the DFNL. Prohibitions 11. A producer shall not sell or offer
for sale and a processor shall not buy milk at a price less than the price
fixed by the DFNL for that variety and grade of milk. Repeal 12. The
Newfoundland Milk Marketing Scheme,
Consolidated Newfoundland Regulation 1191/96, is repealed. Schedule East Dairy Zone: Central Dairy Zone: From the West Dairy Zone: West of Highway 410 (Baie Verte) and all points
west of that highway not accessed by that highway. ©Earl G. Tucker, Queen's Printer |