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Consolidated Newfoundland Regulation 1996
Under the authority of paragraph 5(h) of the Newfoundland Milk Marketing Scheme, the Natural Products Marketing Act and the Subordinate Legislation Revision and Consolidation Act, the Lieutenant‑Governor in Council makes the following regulations.
1. Short title
2. Production or marketing prohibited
3. Processing prohibited
4. Distribution prohibited
5. Licence expiry
6. Monthly report required
7. Compliance required
8. Licence refusal, suspension or revocation
9. Excess quota penalty
10. Licence return required
11. Licences non‑transferable
12. Review of regulations
1. These regulations may be cited as the
Production or marketing prohibited
2. A person shall not engage in the production or marketing of milk in the province unless he or she is the holder of a valid licence issued by the board and pays to the board annually a fee prescribed by the minister.
3. A person shall not engage in the processing of milk in the province unless he or she is the holder of a valid licence issued by the board and pays to the board annually a fee prescribed by the minister.
4. A person shall not engage in the distribution of milk in the province unless he or she is the holder of a valid licence issued by the board and pays to the board annually a fee prescribed by the minister.
5. A licence shall expire on December 31 of the year for which it was issued.
Monthly report required
6. A processor shall report on a monthly basis to the board the amount of milk which was purchased and marketed in the previous month.
7. A licensee shall comply with all orders and regulations of the board.
Licence refusal, suspension or revocation
8. The board may refuse to issue or renew a licence, may suspend or revoke a licence where the applicant or licensee has failed to observe, perform or carry out a condition of the licence.
Excess quota penalty
9. (1) A licensed producer who in any month in a year breaches the condition of his or her licence which provides for a monthly production quota, by exceeding his or her monthly quota for the production of milk, shall pay to the commodity board by way of penalty a sum of money calculated on the basis of $25 for every hectolitre or part of it of fluid milk by which the licensed producer's production of fluid milk for that month exceeds the quota assigned to him or her for that month as a condition of his or her licence.
(2) The excess quota penalty shall be payable by the licensed producer to the commodity board immediately upon his or her quota having been exceeded for a month and shall be received by the commodity board no later than the 15th day of the month following the month in which the quota was exceeded and for which the excess quota penalty applies.
(3) The commodity board may deduct the amount of the excess quota penalty by way of set‑off against any amounts otherwise payable by the commodity board to the licensed producer against whom the excess quota penalty has been assessed and by whom the excess quota penalty is payable.
(4) Licensed processors shall, immediately on demand by the commodity board, deduct the amount of an excess quota penalty by way of set‑off from amounts otherwise payable or after receipt of the demand becoming payable by the licensed processor to the licensed producer against whom an excess quota penalty has been assessed, and the licensed processor shall then pay to the commodity board the amount of an excess quota penalty assessed against the licensed producer to that extent.
(5) The receipt by a licensed processor of a letter of demand from the commodity board under subsection (4) shall be a sufficient and continuing authority to the licensed processor to make the deduction by way of set‑off and the payment as set out in subsection (4).
Licence return required
10. A licensee who ceases to be a producer, processor or distributor shall return his or her licence to the board not later than one month from the date on which he or she ceased to be a producer, processor or distributor.
11. Licences issued by the board shall not be transferable.
Review of regulations
12. The board may review these regulations at a regular meeting of the board to determine whether or not changes or modifications are required.
13. The Newfoundland Milk Marketing Board Licensing Regulations, Newfoundland Regulation 72/83, are repealed.
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