NEWFOUNDLAND AND LABRADOR REGULATION 69/17

NLR 69/98
as amended

1. Section 2 of the Milk Regulations, 1998 is amended by deleting the word "and" at the end of paragraph (d), by deleting the period at the end of paragraph (e) and substituting a semi-colon and the word "and" and by adding immediately after that paragraph the following:

(f) "raw milk" means milk that has not been pasteurized.

2. Section 4 of the regulations is repealed and the following substituted:

Licences refusal, suspension or revocation

4. The DFNL may refuse to issue or renew a licence or may suspend or revoke a licence where the applicant or licensee contravenes a condition of the licence, these regulations or an order of the DFNL.

3. The regulations are amended by adding immediately after Part I the following:

PART I.1
PAYMENT FOR MILK

Payments from registered processor

7.1 A registered processor purchasing milk from the DFNL shall pay the DFNL no later than

(a) the twenty-fifth day of the month for milk collected from the first day to the fifteenth day of the month; and

(b) the tenth day of the following month for milk collected from the sixteenth day to the last day of the month.

Payments to registered producer

7.2. (1) The DFNL shall pay a registered producer in 2 instalments each month for milk collected in the previous month.

(2) The first instalment shall be

(a) paid on the first day of the month;

(b) the same amount each month; and

(3) The second instalment shall be

(a) paid on the fifteenth day of the month; and

(b) the amount owing to the registered producer for milk collected in the previous month less

(i) the amount of the first instalment; and

(ii) the monies owing by the registered producer to the DFNL.

(4) Where the first or fifteenth day of the month is not a business day, the instalment shall be paid on the next business day following those dates.

(5) Notwithstanding paragraph (2)(b),

(a) the DFNL may cancel or adjust the first instalment at any time; or

(b) a registered producer may apply to the DFNL for a review of the first instalment amount and the DFNL may adjust that amount for the remainder of the year.

PART I.2
MILK QUALITY STANDARDS

Definitions

7.3. In this Part

(a) "bacteria standard" means a bacterial count of a maximum of 50,000 mesophilic aerobic colony forming units per ml or 121,000 individual bacterial count per ml;

(b) "milk quality standards" means the bacteria standard and the somatic cell standard; and

Testing of raw milk

7.4 (1) Raw milk shall be tested for compliance with the milk quality standards by a laboratory

(a) accredited by the Standards Council of Canada; and

(b) approved by the DFNL.

(2) Raw milk shall be tested at least

(a) twice a month to determine its bacterial count; and

(b) four times a month to determine its somatic cell count.

(3) The method used to test raw milk shall conform with

(a) the methods outlined in the latest edition of the Standard Methods for the Examination of Dairy Products approved by the American Public Health Association;

(b) the Official Methods of Analysis of the Association of Official Analytical Chemists; or

Compliance with milk quality standards

7.5 A registered producer shall ensure that its milk complies with the milk quality standards.

Penalties for violation of milk quality standards

7.6 (1) If, in any 3 month period, 40% of the milk samples of a registered producer tested under section 7.4 are found to violate the milk quality standards and if at least one of those findings occurred in the third month, the registered producer is liable to the following penalties with respect to any milk marketed in the third month:

(a) $3 per hectolitre in the case of a first violation incurred within a 12 month period;

(b) $4 per hectolitre in the case of a second violation incurred within a 12 month period; and

(2) Where a registered producer is liable to a penalty under subsection (1) for a

(a) fourth violation within a 12 month period, the DFNL shall suspend the registered producer's licence for a minimum of 6 days;

(b) fifth violation within a 12 month period, the DFNL shall suspend the registered producer's licence for a minimum of 12 days; and

(c) sixth violation within a 12 month period, the DFNL shall suspend the registered producer's licence for a minimum of 24 days.

Reinstatement of licence

7.7 (1) The DFNL may reinstate a licence suspended under paragraph 7.6(2)(a) where

(a) 6 days have elapsed since the licence was suspended; and

(b) the registered producer's milk is tested and does not violate the milk quality standards.

(2) The DFNL may reinstate a licence suspended under paragraph 7.6(2)(b) where

(a) 12 days have elapsed since the licence was suspended;

(b) the registered producer's milk is tested and does not violate the milk quality standards; and

(3) The DFNL may reinstate a licence suspended under paragraph 7.6(2)(c) where

(a) 24 days have elapsed since the licence was suspended;

(b) the registered producer's milk is tested and does not violate the milk quality standards;

(d) the registered producer submitted an application to the DFNL for the reinstatement of its licence and the DFNL is satisfied that

(i) the violations of the milk quality standards resulted from exceptional circumstances; and

(ii) the registered producer demonstrated that appropriate measures have been taken to deliver milk that meets the milk quality standards.

Notice

7.8 (1) Where a registered producer becomes liable to a penalty under section 7.6, the DFNL shall notify the registered producer in writing of the penalty payable.

(2) Notice referred to in subsection (1) may be sent to the last known address of the registered producer

(a) by regular mail, and if so sent, the notice is considered to have been received within 5 business days from the date it is postmarked;

(b) electronically, and if so sent, the notice is considered to have been received on the day of transmission if the notice is transmitted before 4 p.m. or the next day that is not a Saturday, Sunday or a holiday, if the notice is transmitted after 4 p.m.; or

Payment of penalty

7.9 A penalty incurred under section 7.6 shall be deducted from the money otherwise payable to the registered producer under section 7.2.

4. Sections 20 and 21 of the regulations are repealed.

5. Section 27 of the regulations is repealed and the following substituted:

Collection of service charge

27. A service charge under paragraph 26(b) shall be collected by registered processors and remitted to the DFNL no later than the ninth day of the month following all deliveries and sales of milk made to registered processors in the preceding month.