CONSOLIDATED NEWFOUNDLAND REGULATION 1016/96

Short title

1. These regulations may be cited as the Newfoundland Milk Marketing Board Exportation of Milk Regulations.

72.1/95 s1

Definitions

2. In these regulations

(a) "board" means the Newfoundland Milk Marketing Board; and

(b) "milk" includes all classes and grades of cow's fluid milk whether whole, reduced or flavoured, cream, buttermilk, ultra high temperature treatment (U.H.T.) milk, prepackaged milk and milk in bulk form, and all classes and grades of reconstituted milk.

72.1/95 s2&3

Licence required

3. A person shall not export, send, take, transport, ship, deliver or distribute milk or have milk exported, sent, taken, transported, shipped, delivered or distributed from the province to, through, over or in transit via any place either within Canada other than the province, or outside Canada, for the purpose of marketing milk which was produced within the province, unless that person is the holder of a milk export licence for that purpose, issued by the board, and otherwise complies with the provisions of these regulations.

72.1/95 s4

Issuance of licence

4. (1) Milk export licences under section 3 shall be issued subject to those terms and conditions that the board may impose in accordance with the provisions of the Newfoundland Milk Marketing Scheme and these regulations.

(2) Milk export licences shall be issued by the board in its discretion for periods of time not in excess of one year and shall be subject to renewal at the discretion of the board.

(3) To qualify for a milk export licence an applicant must

(a) be a registered milk processor registered with the board whose registration shall be in good standing; and

(b) provide the board with satisfactory proof that the stated quantities of the milk product, which are the subject matter of the intended milk export licence, are in excess of the anticipated needs of consumers or the anticipated commercial needs of registered milk processors within the province.

(4) The board may suspend or revoke a milk export licence without notice.

72.1/95 s5

Fees

5. The board may levy a fee for the issuance of a milk export licence and for a renewal and reinstatement of it.

72.1/95 s6

Violation

6. The board may seize, detain and dispose of milk in any form which has been marketed in violation of these regulations, and may provide by resolution for the terms and conditions upon which it may do so.

72.1/95 s7

Exportation

7. The board may determine and allocate among the registered producers amounts of money representing the costs of exporting milk produced in the province to other provinces and outside Canada as well as the difference in value of the net selling price of that exported milk as realized in the export market, when deducted from the regulated minimum price for the sale of fluid milk F.O.B. processor's premises in force in the province.

72.1/95 s8

Resolutions by board

8. The board may make resolutions in order to give further effect to these regulations.

72.1/95 s9

Repeal

9. The Newfoundland Milk Marketing Board Exportation of Milk Regulations, Newfoundland Regulation 72.1/95, are repealed.