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Milk Quality Regulation (Regulation 135/2017).

Country/Territory
Canada
Territorial subdivision
Manitoba
Document type
Regulation
Date
2017 (2019)
Source
FAO, FAOLEX
Subject
Food & nutrition
Keyword
Milk/dairy products Processing/handling Food quality control/food safety HACCP Fraud Consumer protection Inspection Enforcement/compliance Offences/penalties Legal proceedings/administrative proceedings
Geographical area
Americas, Arctic, Asia and the Pacific, East Pacific, North America, North Atlantic
Entry into force notes
This regulation comes into force on the day it is registered under The Statutes and Regulations Act.
Abstract

"Assurance Program" means the Canadian Quality Milk Program or proAction Program, whichever is applicable. "Assurance Program requirements" means the requirements as approved by the board and prescribed in the Canadian Quality Milk Program or proAction Program manual(s), whichever is applicable. "Canadian Quality Milk Program" means an on farm food safety program developed under the auspices of Dairy Farmers of Canada and technically recognized by the Canadian Food Inspection Agency that provides standards for milk and meat production based on HACCP principles. "Dairy Farmers of Manitoba Equipment and Production Program" means the program adopted by the board of directors of the Dairy Farmers of Manitoba which includes requirements for the equipment and procedures for the storage, transportation and marketing of milk by producers to the board. "Facility" means a dairy farm operated by a registered producer which is subject to the requirements in Part 1 of the Dairy Farms Regulation, Manitoba Regulation 138/2015. "Substandard milk" means (a) contaminated milk or milk diluted with water or adulterated in any other way; (b) milk from which any cream has been taken; (c) milk to which cream has been added; (d) milk or cream to which foreign fat, colouring matter, preservative or other chemical substance of any kind has been added; (e) milk taken from a cow that is diseased at the time the milk is taken from it; (f) milk that contains an antibiotic or any other substance that inhibits the growth of a bacteria culture; (g) milk that has a bacterial count of 122,000 or more per millilitre on the imuno-fluoro-electronic method; (h) milk that has a somatic cell count of 400,000 or more per millilitre; (i) milk that has any disagreeable odour, taste or appearance; (j) milk that contains any substance, matter or thing prohibited by the regulations made pursuant to The Dairy Act; (k) milk that contains a substance, matter or thing in excess of the amount thereof permitted by the regulations made pursuant to The Dairy Act; (l) milk that has any substance, matter or thing removed therefrom contrary to the regulations made pursuant to The Dairy Act; (m) milk that comes from premises that do not comply with the standards set out in the regulations made pursuant to The Dairy Act; (n) milk that is produced by a producer that does not meet the standards set out in the Assurance Program as adopted by the board; (o) milk that is produced by a producer who does not comply with the applicable on-farm requirements specified in the Recommended Code of Practice for the Care and Handling of Dairy Cattle, published by Agriculture Canada and incorporated by reference into the Animal Care Regulation, Manitoba Regulation 126/98, by section 2 and Schedule A of that regulation. "Tested" means tested by a duly qualified laboratory designated by the board in accordance with the procedure set by the board in this regulation. "Validation" is the process of evaluation to determine compliance with the Assurance Program requirements. A producer who commits a contravention under this section is to receive a warning from the board for the first contravention in the latest 12-month period. A producer who commits more than one contravention in the latest 12-month period shall pay a penalty with respect to all milk marketed by the producer in the month in which the contravention occurs of (a) $3 per hectolitre if the contravention is the producer's second contravention in the latest 12-month period; (b) $4 per hectolitre if the contravention is the producer's third contravention in the latest 12-month period; (c) $5 per hectolitre if the contravention is the producer's fourth contravention in the latest 12-month period; and (d) $7 per hectolitre if the contravention is the producer's fifth contravention in the latest 12-month period and $7 per hectolitre for each additional contravention in the latest 12-month period. Where a producer is liable to pay a penalty under clause 2(3) (d), milk pickups from that producer shall be suspended until two consecutive milk samples taken at least six days apart are tested and found to have a bacteria count which would not constitute a contravention. A producer must allow a field service representative to enter and inspect a facility, take samples from the facility and observe and monitor production and marketing activities within the facility.

Full text
English
Website
www.canlii.org