NEWFOUNDLAND AND LABRADOR
REGULATION 52/11

Milk Regulations, 1998 (Amendment)
under the
Milk Scheme, 1998
and the
Natural Products Marketing Act

(Filed June 7, 2011)

Under the authority of section 8 of the Milk Scheme, 1998 and the Natural Products Marketing Act, the Dairy Farmers of Newfoundland and Labrador make the following regulations.

Dated at St. John's, May 2, 2011.

Harry Burden
Executive Director
Dairy Farmers of Newfoundland and Labrador

REGULATIONS

Analysis

        1.   S.2 Amdt.
Definitions

        2.   S.10 R&S
Quota increase

        3.   S.12 R&S
Minimum quota

        4.   S.13 Amdt.
Maintenance of production

        5.   S.16 Amdt.
New entrants

        6.   S.17 Amdt.
Quota restrictions

NLR 69/98
as amended

        1. (1) Paragraph 2(1)(a) of the Milk Regulations, 1998 is repealed.

             (2)  Paragraph 2(1)(c) of the regulations is repealed and the following substituted:

             (c)  "new entrant reserve" means the bank of quota established by the DFNL to be held for new entrants;

 

        2. Section 10 of the regulations is repealed and the following substituted:

Quota increase

      10. (1) An increase in quota shall be allocated on the following basis:

             (a)  60% proportionally to registered producers based on their quota holdings;

             (b)  20% to the new entrants reserve; and

             (c)  20% to applicants approved by DNFL.

             (2)  If the new entrant reserve is:

             (a)  less than 1200 litres per day, the percentage referred to in paragraph (1)(b) shall be allocated to registered producers in accordance with paragraph (1)(a); and

             (b)  greater than or equal to 1200 litres per day, then 1200 litres shall be distributed to a new entrant approved by DFNL.

             (3)  If the 20% referred to in paragraph (1)(c) is not distributed, the quota shall be allocated to registered producers in accordance with paragraph (1)(a).

             (4)  Notwithstanding subsection (1), a quota may be available for distribution due to unusual or special circumstances as determined by the DFNL.

 

 

        3. Section 12 of the regulations is repealed and the following substituted:

Minimum quota

      12. The minimum quota under which a registered producer may operate under the Milk Scheme, 1998 is 500 litres per day.

 

        4. Subsection 13(3) of the regulations is repealed and the following substituted:

             (3)  For new entrants, subsection (1) shall not apply until the beginning of the second year of operation.

 

        5. Subparagraph 16(3)(d)(iv) of the regulations is repealed and the following substituted:

                    (iv)  a daily milk quota of not fewer than 1200 litres.

 

        6. Subsection 17(4) of the regulations is repealed and the following substituted:

             (4)  Notwithstanding section 12, if the proposed transfer will result in a quota of less than 500 litres per day, the DFNL may approve the transfer of the quota or a portion of it subject to the conditions that it may impose, if that proposed transfer would be in the best interests of

             (a)  the applicant;

             (b)  the proposed transferee;

             (c)  the DNFL; and

             (d)  the industry.

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