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Raw Milk Production and Transportation Regulations

made under Section 11 of the

Dairy Industry Act

S.N.S. 2000, c. 24

N.S. Reg. 132/2019 (effective March 15, 2020)



Table of Contents


Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations.

 

 

Interpretation

Citation

Definitions for regulations

Application of regulations

Dairy Farm Access and Buildings

Definitions for Sections 5 to 15

Yard and access road

Dairy farm building design and construction

Construction materials for dairy farm building

Floor construction and wastewater drainage

Wall and ceiling construction

Lighting in dairy farm building

Ventilation in dairy farm building

Feed storage

Chemical storage

Maintenance of dairy farm buildings

Milk house use and construction

Farm bulk tank in milk house

Doors and windows for milk house or milk parlour

Plumbing in milk parlour, milk house, AMS milking area

Sinks in milk house

Washroom in milk house

Water for cleaning surfaces

General Equipment Requirements

Definitions for Sections 23 to 37

Raw milk contact surface

Equipment maintenance

Equipment use

Equipment storage

Cleaning and sanitizing equipment before contact with raw milk from other species

Using clean-in-place system

Clean-in-place system for milking equipment other than farm bulk tank

Clean-in-place system for farm bulk tank

Clean-in-place system for bulk milk truck tank

Manually cleaning and sanitizing milking equipment other than farm bulk tank

Manually cleaning and sanitizing farm bulk tank

Cleaning and sanitizing bulk milk tank used for raw milk from dairy animal other than cow

Automatic milking system holding capacity

Cleaning and sanitizing container used for non-frozen raw milk from dairy animal other than cow

Manually cleaning and sanitizing raw milk transfer equipment

Milk Cooling and Storage Equipment

Must cool and store in farm bulk tank

Required equipment for farm bulk tank

Support structure for farm bulk tank

Level installation for farm bulk tank

If farm bulk tank extends outside of milk house

Volume measurement system for farm bulk tank

Recalibrating volume measurement system

Cooling and storage exception for raw milk from dairy animal other than cow

Frozen storage exception for raw milk from dairy animal other than cow

Milk Transfer and Transportation Equipment

Inspection of raw milk transfer equipment

Application of Sections 49 to 52

Raw milk transfer hose required

When raw milk transfer pipe may be used

Bulk milk truck use

Required equipment for bulk milk truck

Dairy Animals

Animal access to milk parlour, AMS milking area or milk house

Animal segregation in dairy barn

Dairy animal health

Dairy animal cleanliness

Dairy animal bedding

Dairy animal manure

Veterinary drug use

Veterinary drug storage

Personal Hygiene

Preventing spread of disease

Clothing and hand-washing

Bulk milk grader not permitted in animal housing area

Raw Milk Handling

Restriction on marketing raw milk

No altering raw milk

Segregating raw milk from different species

No colostrum or veterinary drugs in raw milk

No marketing colostrum for human consumption

Restriction on marketing colostrum for non-human consumption

Raw milk discard

Teat cleaning and sanitizing

Filtering raw milk

Temperature of raw milk in farm bulk tank

Temperature of frozen raw milk from dairy animal other than cow

Temperature in transport vehicle

Duration of raw milk storage

Exemption from storage duration limit for raw milk in farm bulk tank

Raw Milk Grading and Transfer

Only grader permitted to transfer raw milk

Testing temperature before transfer from storage

Testing temperature before transfer from transport vehicle

Examining raw milk

Mandatory rejection criteria

Milk grading decision final

Rejection report: raw cows’ milk

Rejection report: raw milk from dairy animal other than cow

Sampling and testing for presence of inhibitors

Prohibition on marketing milk graded rejected

When transfer prohibited

Required disposal of raw milk

Application of Sections 91 to 94

Transfer of bulk milk between bulk milk truck tanks

Planned transfer between bulk milk truck tanks other than at plant

Emergency transfer between bulk milk truck tanks

Farm bulk tank milk transfer report

Raw Milk Sampling

Only grader or inspector may collect sample

Standard sampling methods

Sample vial

If sample does not meet standards

Sample storage and handling

Raw Milk Testing and Quality Standards

Required tests

Chemical and microbiological standards for raw milk

Further testing for presence of inhibitors

Notification of positive test result

Consequences of Failing to Meet Quality Standards

Application of Sections 105 and 106

Consequences of testing positive for inhibitors

Consequences of finding contamination other than inhibitor

 

Schedule A: Summary of Minimum Sampling and Administrative Requirements

 

Schedule B: Summary of Minimum Analysis and Administrative Requirements

 

Schedule C: Summary of Sampling and Testing Responsibilities



 


Interpretation


Citation

1        These regulations may be cited as the Raw Milk Production and Transportation Regulations.


Definitions for regulations

2        In these regulations,

 

“accredited laboratory” means a laboratory accredited to perform tests under a nationally recognized management standard as certified by an independent third party, such as the Standards Council of Canada;

 

“Act” means the Dairy Industry Act;

 

“AMS milking area” means a segregated area inside a dairy barn where animals are milked using an automatic milking system, and includes any holding area that separates the automatic milking system from the rest of the dairy barn;

 

“automatic milking system” means a milking system that does not require a person to manually milk the animals;

 

“Board sample” means a sample of raw cows’ milk taken from a farm bulk tank as required by these regulations and sent to the dairy testing laboratory for testing and providing analyses to the Board, including tests and analyses for the following:

 

                              (i)      butterfat, protein and other solids,

 

                              (ii)     somatic cell count,

 

                              (iii)    the presence of inhibitors;

 

“bulk milk grader” means a grader who grades

 

                              (i)      raw milk held in a farm bulk tank, or

 

                              (ii)     raw milk taken from a dairy animal other than a cow and stored in compliance with Section 45 or 46;

 

Bulk Milk Grader’s Course Manual” means the manual distributed to students participating in the course for bulk milk grader certification in the Province and published on the Board’s website;

 

“bulk milk tank” means a tank for transporting raw milk from a dairy animal other than a cow on a transport vehicle other than a bulk milk truck;

 

“bulk milk truck” means a vehicle for transporting raw cows’ milk that is equipped with all of the following:

 

                              (i)      a bulk milk truck tank,

 

                              (ii)     a raw milk transfer hose,

 

                              (iii)    a pump to transfer raw milk;

 

“bulk milk truck tank” means a tank with 1 or more compartments for transporting raw cows’ milk on a bulk milk truck;

 

“clean”, used as a verb, means to remove dirt and raw milk residue from the equipment using both an alkaline and an acid cleaner and following the directions on the manufacturer’s label for the cleaner, or the directions of an equipment specialist;

 

“cleaner” means an alkaline or acid solution that is used for cleaning equipment;

 

“clean-in-place system” means a system for cleaning and sanitizing equipment without requiring the equipment to be dismantled or moved from the location where it is used;

 

“contamination” means exposure to conditions that permit or may permit the introduction or occurrence of any of the following:

 

                              (i)      a disease-causing microorganism or parasite,

 

                              (ii)     any biological or chemical agent,

 

                              (iii)    foreign matter, residue, drugs or any other substance that may compromise the safety or quality of raw milk;

 

“cow” means the mature female of domestic cattle, genus Bos;

 

“dairy barn” means a barn in which dairy animal feeding and housing areas are used in conjunction with a milking system, and includes any manure storage area on or below the level where dairy animals are housed;

 

“dairy farm” includes all of the following:

 

                              (i)      land and buildings necessary for a producer’s dairy operation,

 

                              (ii)     a producer’s dairy and farm equipment,

 

                              (iii)    all of a producer’s dairy animals;

 

                   “dairy testing laboratory” means the Department’s dairy laboratory or another accredited laboratory that has been approved by the Council;

 

“dairy testing laboratory sample” means a sample of raw milk taken from a farm bulk tank or other storage container as required by these regulations and sent to the dairy testing laboratory for testing, including testing for all of the following:

 

                              (i)      bacteria,

 

                              (ii)     freezing point,

 

                              (ii)     for raw milk from a dairy animal other than a cow, somatic cell count;

 

“Department” means the Department of Agriculture;

 

“equipment specialist”, in relation to equipment, means a person who is qualified by training or experience to install, use or maintain that equipment;

 

“farm bulk tank” means a stationary storage tank used only for cooling and storing raw milk in a milk house, and includes related fixtures and equipment required for using the tank;

 

“free-stall barn” means a barn constructed with alleyways and individual stalls, allowing the dairy animals housed there to have free access to stalls;

 

“inhibitor” means any substance, other than a bacterial culture, that does not occur naturally in raw milk and inhibits the growth of bacteria in raw milk;

 

“inhibitor sample” means a sample of raw milk taken from a transport vehicle or other storage container as required by these regulations for testing for the presence of inhibitors;

 

“loose-housing barn” means a barn that has at least 3 walls and a roof and that does not contain stalls;

 

“milk house” means a structure or part of a structure included in a dairy farm as required by Section 15;

 

“milk parlour” means a structure or part of a structure in which dairy animals are milked but no animals are housed;

 

Milk Producer Licensing Regulations” means the Milk Producer Licensing Regulations made under the Act;

 

“milking equipment” means equipment that is used for collecting, measuring, cooling, holding or storing raw milk;

 

“pest” means any animal or insect, at any life stage, that may contaminate raw milk;

 

“plant grader” means a grader who grades raw milk at a processing plant;

 

“producer registration number” means a unique identifier assigned by the Board to each producer of raw cows’ milk;

 

“raw cows’ milk” means raw milk from a cow;

 

“raw milk transfer equipment” means any equipment used to transfer raw milk, including a raw milk transfer hose;

 

“sample” means a sample of raw milk taken for the purpose of a test required by these regulations;

 

“sample vial” means a container that a sample is stored in;

 

“temperature control sample” means a sample of raw cows’ milk taken from a farm bulk tank as required by these regulations to monitor the temperature of the sample;

 

“tie stall” means a stall that a dairy animal is tied to;

 

“tie-stall milking barn” means a dairy barn in which dairy animals are held in tie stalls at all times while inside the barn;

 

“transfer”, in relation to raw milk, means to move the raw milk in accordance with these regulations as follows:

 

                              (i)      from a farm bulk tank to a transport vehicle,

 

                              (ii)     from a farm bulk tank to an on-farm processing plant,

 

                              (iii)    for raw milk taken from a dairy animal other than a cow and stored in accordance with Section 45, from the storage equipment to either of the following:

 

                                        (A)   a transport vehicle,

 

                                        (B)   an on-farm processing plant,

 

                              (iv)    for raw milk taken from a dairy animal other than a cow and stored frozen in accordance with Section 46, to either of the following, in the same container it has been stored in:

 

                                        (A)   a transport vehicle,

 

                                        (B)   an on-farm processing plant,

 

                              (v)     from a transport vehicle to another transport vehicle, or

 

                              (vi)    from a transport vehicle to a processing plant;

 

“transport vehicle” means

 

                              (i)      a bulk milk truck, or

 

                              (ii)     a vehicle used to transport raw milk from a dairy animal other than a cow in a bulk milk tank or container;

 

“veterinarian” means a person who is licensed to practise veterinary medicine in the Province;

 

“veterinary drug” means a drug or product prescribed for a dairy animal by a veterinarian or approved for dairy animals under any of the following:

 

                              (i)      the Food and Drugs Act (Canada),

 

                              (ii)     the Feeds Act (Canada),

 

                              (iii)    the Pest Control Products Act (Canada),

 

                              (iv)    the Canada Agricultural Products Act (Canada);

 

“volume measurement device” means either of the devices required by subsection 43(2) as part of a volume measurement system;

 

“volume measurement system” means a system for measuring the volume of raw milk in a farm bulk tank required by clause 39(1)(e);

 

“wastewater drainage system” means a system for disposing of wastewater that meets the requirements of all applicable laws and regulations.


Application of regulations

3        These regulations apply to all producers, transporters and processors of raw milk.


Dairy Farm Access and Buildings


Definitions for Sections 5 to 15

4        In Sections 5 to 15,

 

“dairy farm building” means any of the following:

 

                              (i)      a dairy barn, including any milk parlour, milk house or AMS milking area within the barn,

 

                              (ii)     a stand-alone milk parlour or milk house,

 

                              (iii)    if a milk house is part of a larger building other than a dairy barn, the building that contains the milk house.


Yard and access road

5        (1)    A dairy farm must have

 

                   (a)      a yard surrounding its dairy barn and milk house; and

 

                   (b)     an access road consisting of a driveway or lane leading from a public road to the milk house.

 

          (2)    The yard surrounding a dairy barn and milk house must meet all of the following requirements:

 

                   (a)      it must be configured and maintained in a manner that does not contribute to the contamination of milk;

 

                   (b)     it must be kept well-drained and free of all of the following:

 

                              (i)      refuse,

 

                              (ii)     animal waste,

 

                              (iii)    vegetable waste.

 

          (3)    The yard and access road of a dairy farm operated by a producer who markets raw milk to the Board must meet all of the following requirements:

 

                   (a)      the yard and access road must comply with the Board’s Yards and Lanes Policy;

 

                   (b)     the area directly below the hose port required by subsection 16(4) in the exterior milk house wall must be connected to the main entrance of the milk house by a walking surface covered with hard material;

 

                   (c)      the walking surface referred to in clause (b) must be large enough and adequately maintained to keep the raw milk transfer hose from the bulk milk truck clean.


Dairy farm building design and construction

6        A dairy farm building must be designed and constructed to do all of the following:

 

                   (a)      provide adequate space for dairy operations;

 

                   (b)     provide clean conditions for raw milk production and storage;

 

                   (c)      minimize injury to dairy animals;

 

                   (d)     minimize contamination of raw milk;

 

                   (e)      minimize the presence of pests;

 

                   (f)      minimize damage to the premises by dairy animals.


Construction materials for dairy farm building

7        A dairy farm building must be constructed of durable materials that are free of any toxic or noxious substances.


Floor construction and wastewater drainage

8        (1)    A dairy farm building floor, except in a bedding area in a free-stall barn or loose-housing barn, must be made of concrete.

 

          (2)    A milk house floor must meet all of the following requirements:

 

                   (a)      it must be designed to support and be capable of supporting the weight of milk house equipment;

 

                   (b)     it must be sealed at each place it intersects with a wall.

 

          (3)    Except as provided in subsection (4) for a milk parlour or milk house, a dairy farm building floor must slope toward 1 of the following drainage intakes:

 

                   (a)      a covered and trapped floor drain that drains into a wastewater drainage system;

 

                   (b)     a gutter that empties into a manure disposal system;

 

                   (c)      a slatted floor that empties into a manure disposal system.

 

          (4)    The floor of a milk parlour or a milk house must drain only through a floor drain as described in clause (3)(a) and must be finished and maintained with a smooth surface.

 

          (5)    Any drainage intake in a dairy farm building floor must be maintained in good repair and be free of debris.

 

          (6)    Wastewater from a dairy farm building must drain into a wastewater drainage system.


Wall and ceiling construction

9        (1)    Except as provided in subsection (2) for milk houses, milk parlours and tie-stall milking barns, walls and ceilings of a dairy farm building must be hard and washable.

 

          (2)    The walls and ceilings of a milk house, milk parlour or tie-stall milking barn must be covered with a material that is all of the following:

 

                   (a)      hard;

 

                   (b)     smooth;

 

                   (c)      washable;

 

                   (d)     light-coloured;

 

                   (e)      waterproof.

 

          (3)    A ceiling in a milk house or milk parlour must be a closed ceiling with the underside of the roof not exposed.

 

          (4)    Each wall and ceiling of a milk house must be insulated to prevent condensation of moisture on the inside walls and ceilings other than condensation caused by steam or hot water in the milk house.


Lighting in dairy farm building

10      (1)    A dairy farm building must have lighting that allows for inspecting, monitoring and cleaning to be carried out in the building as required by these regulations.

 

          (2)    Shatterproof light bulbs, or light bulbs contained in fixtures made of shatterproof material, must be used in a dairy farm building where raw milk may be exposed.


Ventilation in dairy farm building

11      A dairy farm building must be ventilated in a manner that controls condensation and odours in the building.


Feed storage

12      (1)    A feed storage area must be enclosed in a space that is separate from any other area in a dairy farm building.

 

          (2)    No feed may accumulate beyond a designated feed storage area.

 

          (3)    Feed must not be stored in a milk house.


Chemical storage

13      All chemicals on a dairy farm, including cleaning materials, must be stored in a way that prevents contamination of raw milk.


Maintenance of dairy farm buildings

14      (1)    The exterior and interior of a dairy farm building must be kept in good repair and in a clean, tidy condition.

 

          (2)    The inside of a dairy farm building must be maintained to prevent the presence or accumulation of all of the following:

 

                   (a)      dust;

 

                   (b)     cobwebs;

 

                   (c)      debris;

 

                   (d)     refuse;

 

                   (e)      animal and vegetable waste;

 

                   (f)      pests.

 

          (3)    A floor in a dairy farm building must be kept free of standing water.

 

          (4)    All of the following must be rinsed after each milking:

 

                   (a)      the interior walls and floors of a milk parlour;

 

                   (b)     the interior floors of a milk house.

 

          (5)    The inside walls of a milk house must be kept clean.

 

          (6)    The inside surfaces of an automatic milking system stall must be rinsed at least once a day.

 

          (7)    This Section also applies to a stand or a platform used in a milking operation.


Milk house use and construction

15      (1)    A dairy farm must include a milk house.

 

          (2)    A milk house may be used only for the following purposes:

 

                   (a)      cooling and storing raw milk;

 

                   (b)     cleaning, sanitizing and storing milking equipment;

 

                   (c)      storing a veterinary drug in accordance with Section 60;

 

                   (d)     storing a cleaner, sanitizer or pesticide used in the milk house.

 

          (3)    A milk house must be 1 of the following:

 

                   (a)      a stand-alone dairy farm building;

 

                   (b)     part of a larger dairy farm building.

 

          (4)    A milk house that is part of a larger dairy farm building must meet all of the following requirements:

 

                   (a)      it must be separated from the rest of the building by walls that extend from the floor to the ceiling;

 

                   (b)     any doorway between the milk house and the rest of the dairy farm building must be fitted with a door that is kept closed when not in use.


Farm bulk tank in milk house

16      (1)    A producer must have a farm bulk tank in their milk house, unless the producer is producing raw milk from a dairy animal other than a cow and using a storage method and equipment in accordance with Section 45 or 46.

 

          (2)    There must be sufficient space around a farm bulk tank to provide working access to any part of the farm bulk tank and any farm bulk tank equipment, including, if a dipstick is used for volume measurement, the dipstick.

 

          (3)    If any part of a farm bulk tank extends outside of a milk house,

 

                   (a)      the farm bulk tank must not be used for a wall or ceiling support; and

 

                   (b)     the milk house wall must be sealed around the farm bulk tank with a gasket.

 

          (4)    At a dairy farm of a producer who markets raw milk to the Board, an exterior milk house wall must be equipped with a hose port that meets all of the following criteria:

 

                   (a)      it is fitted with a cover that is kept closed when not in use;

 

                   (b)     it is located close to the farm bulk tank outlet;

 

                   (c)      it is located adjacent to a grounded electrical outlet.


Doors and windows for milk house or milk parlour

17      (1)    A milk house must have an exterior doorway.

 

          (2)    An exterior doorway of a milk parlour or a milk house must have a door that is solid and tight-fitting.

 

          (3)    A door between a milk house and an animal housing area must be fitted with self-closing hardware.

 

          (4)    A door referred to in this Section must be closed when not in use.

 

          (5)    Each exterior opening in a milk house or milk parlour, other than a doorway, must be fitted with a window or a screen.


Plumbing in milk parlour, milk house, AMS milking area

18      Each milk parlour, milk house and AMS milking area must meet the following plumbing and water requirements:

 

                   (a)      water must be delivered to it by a plumbing system that provides pressurized hot and cold running water and is protected from contamination;

 

                   (b)     it must be equipped with hosing that

 

                              (i)      connects to the plumbing system in the area, and

 

                              (ii)     reaches all of its equipment and interior building surfaces for rinsing and washing;

 

                   (c)      the hosing required by clause (b) must be used only for rinsing and washing in the milk parlour, milk house or AMS milking area.


Sinks in milk house

19      (1)    A milk house must have at least 2 sinks, including a sink for hand washing and a sink for equipment cleaning, that meet the requirements of this Section.

 

          (2)    Each sink must be equipped with a trapped drain.

 

          (3)    Each sink for hand washing must be equipped with soap and single-service towels.

 

          (4)    If any milking equipment is cleaned by hand, each sink for equipment cleaning must have a concave bottom.

 

          (5)    If milking equipment is cleaned using a clean-in-place system, each sink for equipment cleaning must meet the clean-in-place system wastewater requirements specified by the manufacturer or an equipment specialist.


Washroom in milk house

20      (1)    A washroom in a milk house must be enclosed in a space that is separated from the rest of the milk house and be equipped with all of the following:

 

                   (a)      a sink for hand washing;

 

                   (b)     a solid and tight-fitting door.

 

          (2)    Each toilet or urinal in a milk house washroom must be connected to a sewage disposal system by a plumbing system.

 

          (3)    A sink in a milk house washroom must not be used for cleaning milking equipment.


Water for cleaning surfaces

21      (1)    In this Section, “water quality standards” means the water quality standards set out in the table in subsection (2).

 

          (2)    Water used to clean surfaces that raw milk may contact must be protected from contamination and must meet the water quality standards set out in the following table:


Microbiological Parameters

Standard

Escherichia coli bacteria

no detectable colony forming units (cfu) per 100 ml

total coliform bacteria

fewer than 10 colony forming units (cfu) per 100 ml

 

          (3)    A producer must collect a water sample from their milk house at least once each calendar year and submit it for a water quality analysis at an accredited laboratory to ensure it meets the water quality standards.

 

          (4)    A producer must follow the procedure for collecting a water sample prescribed by the accredited laboratory that is conducting the analysis.

 

          (5)    A producer must retain a record of the results of a water quality analysis for 2 years following the date of analysis.

 

          (6)    If a water sample does not meet the water quality standards, the producer must take corrective action immediately and keep a record of the corrective actions.


General Equipment Requirements


Definitions for Sections 23 to 37

22      In Sections 23 to 37, in relation to equipment,

 

“rinse” means to remove loose deposits of dirt and raw milk residue from the equipment using cold or lukewarm water;

 

“sanitize” means to remove bacteria and other microorganisms from the equipment by following the directions on the manufacturer’s label for the sanitizer or the directions of an equipment specialist.


Raw milk contact surface

23      Any surface that raw milk may contact must be smooth and made of a material that is

 

                   (a)      non-corrodible;

 

                   (b)     non-toxic; and

 

                   (c)      not reactive with cleaners, sanitizers or raw milk.


Equipment maintenance

24      All equipment used to produce or transfer raw milk must be kept clean, in good repair and in working order.


Equipment use

25      All equipment used to produce or transfer raw milk must be used according to the manufacturer’s instructions and in a manner that does not contaminate raw milk.


Equipment storage

26      (1)    Any surface that equipment used to produce or transfer raw milk may contact in an equipment storage space must meet the requirements of Section 23.

 

          (2)    All interior and exterior surfaces of an equipment storage space must be clean.

 

          (3)    An equipment storage space, if inside a building, must be located off of the floor.


Cleaning and sanitizing equipment before contact with raw milk from other species

27      Equipment used to produce or transfer raw milk that has been in contact with raw milk produced by a dairy animal of one species and that may come into contact with raw milk produced by a dairy animal of another species must be cleaned and sanitized before it comes into contact with the raw milk produced by the dairy animal of the other species.


Using clean-in-place system

28      (1)    A clean-in-place system may be used to clean and sanitize the interior surface of milking equipment, including a farm bulk tank and a holding tank in an automatic milking system.

 

          (2)    A clean-in-place system must be used to clean and sanitize the interior surface of a bulk milk truck tank.

 

          (3)    A clean-in-place system must be used according to the instructions of

 

                   (a)      the manufacturer of the clean-in-place system; or

 

                   (b)     an equipment specialist.


Clean-in-place system for milking equipment other than farm bulk tank

29      Other than as provided in Section 30 for a farm bulk tank, a clean-in-place system for milking equipment must be activated no later than 1 hour after the equipment no longer holds any milk.


Clean-in-place system for farm bulk tank

30      To use a clean-in-place system for a farm bulk tank,

 

                   (a)      immediately after it is emptied, the farm bulk tank must be rinsed by the person who transferred the milk from it; and

 

                   (b)     the clean-in-place system must be activated after the farm bulk tank is rinsed, and the process must be completed before the tank is used again.


Clean-in-place system for bulk milk truck tank

31      (1)    A bulk milk truck tank must be rinsed and the clean-in-place system activated immediately after the bulk milk truck tank is emptied at the end of the day.

 

          (2)    A bulk milk truck tank that has not been used for more than 72 hours must be cleaned and sanitized before its next use.


Manually cleaning and sanitizing milking equipment other than farm bulk tank

32      Other than as provided in Section 33 for a farm bulk tank, manually cleaning and sanitizing milking equipment must be done in accordance with the following procedure:

 

                   (a)      after milking the herd,

 

                              (i)      the milking equipment must be rinsed immediately,

 

                              (ii)     the rinsed milking equipment must be cleaned using brushes designed and used only for that purpose, and

 

                              (iii)    the cleaned milking equipment and the cleaning equipment must be hung to drain and air-dry;

 

                   (b)     immediately before the next milking:

 

                              (i)      the milking equipment must be examined and, if required, cleaned further, and

 

                              (ii)     the milking equipment must be sanitized.


Manually cleaning and sanitizing farm bulk tank

33      Manually cleaning and sanitizing the interior of a farm bulk tank must be done in accordance with the following procedure:

 

                   (a)      immediately after it is emptied, the farm bulk tank must be rinsed by the person who transferred the milk from it;

 

                   (b)     no later than 1 hour after being rinsed, the tank must be cleaned;

 

                   (c)      immediately before its next use, the tank must be sanitized.


Cleaning and sanitizing bulk milk tank used for raw milk from dairy animal other than cow

34      (1)    A transporter must rinse, clean and sanitize the interior of the bulk milk tank in accordance with the following procedure:

 

                   (a)      immediately after the bulk milk tank is emptied, the transporter must rinse the bulk milk tank;

 

                   (b)     at the end of any day that the transport vehicle is used, the transporter must clean and then sanitize the bulk milk tank.

 

          (2)    A bulk milk tank that has not been used for more than 48 hours must be cleaned and sanitized before its next use.


Automatic milking system holding capacity

35      An automatic milking system must have sufficient capacity to hold raw milk while the farm bulk tank is being emptied and cleaned.


Cleaning and sanitizing container used for non-frozen raw milk from dairy animal other than cow

36      (1)    This Section does not apply to raw milk taken from a dairy animal other than a cow, stored frozen in accordance with Section 46, and transported in the same container it has been stored in.

 

          (2)    If raw milk from a dairy animal other than a cow is transported in a container other than a bulk milk tank, the transporter must rinse, clean and sanitize the container in accordance with the following procedure:

 

                   (a)      immediately after the container is emptied, the transporter must rinse the container;

 

                   (b)     at the end of any day that a container is used, the transporter must clean the container;

 

                   (c)      immediately before the container’s next use, the transporter must sanitize the container.

 

          (3)    A container described in subsection (1) that has not been used for more than 48 hours must be cleaned and sanitized before its next use.


Manually cleaning and sanitizing raw milk transfer equipment

37      (1)    A transporter must rinse, clean, sanitize, dry and store raw milk transfer equipment and the raw milk transfer hose at the end of each day it is used.

 

          (2)    Raw milk transfer equipment or a raw milk transfer hose that has not been used for more than 72 hours must be cleaned and sanitized before its next use.


Milk Cooling and Storage Equipment


Must cool and store in farm bulk tank

38      (1)    Except as provided in Sections 45 and 46 for raw milk from a dairy animal other than a cow, raw milk must be cooled and stored in a farm bulk tank.

 

          (2)    A farm bulk tank must not be used for any purpose other than cooling and storing raw milk.


Required equipment for farm bulk tank

39      (1)    A farm bulk tank must be equipped with all of the following:

 

                   (a)      an outlet with a fitted cap;

 

                   (b)     a thermometer that measures temperature within a range of at least 0 °C to 50 °C and is calibrated to an accuracy of at least 1 °C;

 

                   (c)      a temperature control device that meets all of the following requirements:

 

                              (i)      it must operate under automatic control,

 

                              (ii)     after raw milk has been cooled to between 0 °C and 4 °C, it must maintain a difference of less than 1 °C between the actual raw milk temperature and the control temperature that has been set on the temperature control device;

 

                   (d)     agitation equipment that meets all of the following requirements:

 

                              (i)      except as provided in subsection (2) for farm bulk tanks installed before the date these regulations come into force, it must be capable of providing intermittent mechanical agitation for at least 5 minutes in every hour,

 

                              (ii)     it must be capable of maintaining raw milk homogeneity,

 

                              (iii)    it must not splash or churn the raw milk;

 

                   (e)      for a producer who markets raw cows’ milk, a volume measurement system that meets the requirements of Section 43.

 

          (2)    A farm bulk tank that is installed in a milk house before the date these regulations come into force must meet the requirements of subclause (3)(d)(i) within 12 months after that date.


Support structure for farm bulk tank

40      (1)    Leg sockets on a farm bulk tank must be made of corrosion-resistant material.

 

          (2)    Legs supporting a farm bulk tank must be capable of being adjusted for height, and must be adjusted to do all of the following:

 

                   (a)      evenly support the weight of the tank;

 

                   (b)     prevent torsion, cracking and shifting of the tank;

 

                   (c)      allow for attaching fittings to and draining the tank.


Level installation for farm bulk tank

41      (1)    A farm bulk tank must be levelled in all of the following circumstances:

 

                   (a)      at the following times when it is installed:

 

                              (i)      during its installation, by an installer authorized by an inspector,

 

                              (ii)     within 3 months of its installation, by an inspector;

 

                   (b)     after it is moved;

 

                   (c)      after it shifts in position.

 

          (2)    If any of the circumstances in subsection (1) occurs to a producer’s farm bulk tank, the producer must notify

 

                   (a)      an inspector, if the farm bulk tank is holding non-cow’s milk; and

 

                   (b)     an inspector and the Board, if the farm bulk tank is holding cow’s milk.

          (3)    Except as provided in subclause (1)(a)(i), a farm bulk tank may be adjusted or levelled only by, or under the authority of, an inspector.


If farm bulk tank extends outside of milk house

42      In addition to the structural requirements in Section 16, if a farm bulk tank extends outside of a milk house, all of the following requirements must be met:

 

                   (a)      the manhole, vent and outlet of the farm bulk tank must be located inside the milk house;

 

                   (b)     any part of the farm bulk tank that extends outside of a milk house must be

 

                              (i)      kept clean, and

 

                              (ii)     protected from damage by weather, animals and vehicles.


Volume measurement system for farm bulk tank

43      (1)    This Section and Section 44 apply only to a producer who markets raw milk to the Board.

 

          (2)    A volume measurement system must be equipped with 1 of the following volume measurement devices:

 

                   (a)      an external sight glass; or

 

                   (b)     a dipstick that meets all of the following criteria:

 

                              (i)      it is marked with scale divisions that begin from the bottom of the dipstick,

 

                              (ii)     it is suspended in the tank from a fixed point,

 

                              (iii)    it is supported in the tank in the vertical position in which the tank was calibrated.

 

          (3)    A volume measurement system must include a calibration table that displays the number of litres of raw milk in the farm bulk tank corresponding to each graduation on the scale of the volume measurement device.

 

          (4)    The same serial number must be marked on a farm bulk tank and its associated calibration table and, if a dipstick system is used, on the dipstick.

 

          (5)    A producer may submit a copy of the calibration table for each of their farm bulk tanks to an inspector to be retained on file.


Recalibrating volume measurement system

44      (1)    A volume measurement system may be recalibrated at the direction of the Board or of the producer using the system.

 

          (2)    Only a person who has the Board’s prior approval and who follows the recalibration procedures set out in Board policy may recalibrate a volume measurement system.

 

          (3)    The Board is responsible for any cost of a Board-directed recalibration.


Cooling and storage exception for raw milk from dairy animal other than cow

45      (1)    A producer may cool or store raw milk from a dairy animal other than a cow by a method inspected and authorized by an inspector and using equipment other than a farm bulk tank.

 

          (2)    A producer seeking authorization for a cooling or storing method under this Section must demonstrate to an inspector that the proposed method meets the following requirements:

 

                   (a)      for cooling, the temperature requirements in Section 73;

 

                   (b)     for storing, the storage duration requirements in Section 76.

 

          (3)    A producer who cools or stores raw milk by a method inspected and authorized by an inspector must comply with any procedures or specifications required by the inspector.


Frozen storage exception for raw milk from dairy animal other than cow

46      (1)    Raw milk from a dairy animal other than a cow may be stored in a reusable or single-use container and placed in a freezer.

 

          (2)    All of the following apply to each container used under this Section:

 

                   (a)      it must meet the requirements in Section 23 for raw milk contact surfaces;

 

                   (b)     if single-use, it must be used only once;

 

                   (c)      if reusable, it must be cleaned and sanitized in accordance with Section 32;

 

                   (d)     it must be labelled with all of the following information:

 

                              (i)      an identifier unique to that container of raw milk,

 

                              (ii)     the milking date or dates,

 

                              (iii)    the milk producer’s name.

 

          (3)    A freezer used under this Section must meet all of the following requirements:

 

                   (a)      it must be used exclusively for storing raw milk from a dairy animal other than a cow;

 

                   (b)     its interior must meet the requirements in Section 23 for raw milk contact surfaces;

 

                   (c)      it must be clean;

 

                   (d)     it must be equipped with a laboratory grade digital thermometer that meets all of the following requirements:

 

                              (i)      it must have a thermometer display kept outside the freezer,

 

                              (ii)     it must have a temperature probe kept inside the freezer,

 

                              (iii)    it must measure the temperature inside the freezer within a range of at least -30 °C to 30 °C,

 

                              (iv)    it must not have expired.

 

          (4)    A producer must, each day, record the date and the temperature of raw milk stored in a freezer under this Section, and must maintain a written log of the daily recorded information.


Milk Transfer and Transportation Equipment


Inspection of raw milk transfer equipment

47      (1)    Raw milk transfer equipment to be used by a producer of raw milk from a dairy animal other than a cow must be inspected and authorized by an inspector.

 

          (2)    A producer referred to in subsection (1) must comply with any procedures or specifications required by the inspector for the raw milk transfer equipment.


Application of Sections 49 to 52

48      Sections 49 to 52 apply only to a transporter of raw milk owned by the Board.


Raw milk transfer hose required

49      (1)    Unless a raw milk transfer pipe is used in accordance with Section 50, a raw milk transfer hose must be used to transfer raw milk.

 

          (2)    During raw milk transfer, a raw milk transfer hose must be secured to a hose connection at both ends.


When raw milk transfer pipe may be used

50      (1)    With the Board’s approval, a raw milk transfer pipe may be used to transfer raw milk directly from a farm bulk tank to an on-farm processing plant.

 

          (2)    A raw milk transfer pipe used to transfer raw milk must be approved by an inspector and meet the food safety requirements of the Department of Environment or the Canadian Food Inspection Agency.


Bulk milk truck use

51      (1)    Unless another use is approved by the Board in accordance with this Section, a bulk milk truck must not be used for any purpose other than transporting raw milk, potable water and dairy by-products.

 

          (2)    A transporter may apply to the Board for approval to transport a substance other than one allowed under subsection (1), and the application must include all of the following information:

 

                   (a)      name of transporter;

 

 

                   (b)     substance to be transported;

 

                   (c)      frequency at which the transporter proposes to haul the substance and duration of each trip;

 

                   (d)     expected impact of the substance hauled on raw milk quality.

 

          (3)    Before approving an application under subsection (2), the Board must receive a positive recommendation from the Board’s Advisory Committee for Milk.

 

          (4)    The Board’s approval of an application under subsection (2) may include any terms and conditions it considers necessary to maintain the safety and quality of raw milk.


Required equipment for bulk milk truck

52      (1)    A bulk milk truck must be equipped with all of the following:

 

                   (a)      a waterproof and dust-tight container for storing empty sample vials;

 

                   (b)     a milk sample storage cooler that meets all requirements for a milk sample storage cooler in the Bulk Milk Grader’s Course Manual;

 

                   (c)      sample vials;

 

                   (d)     adequate storage space to permit the storage of raw milk transfer equipment;

 

                   (e)      raw milk transfer equipment;

 

                   (f)      a stainless steel dipper;

 

                   (g)     a sanitizer for the dipper;

 

                   (h)     a thermometer that is either

 

                              (i)      a digital thermometer that has not expired, or

 

                              (ii)     a dial thermometer that meets all of the following requirements:

 

                                        (A)   it must be issued by a processor or transporter,

 

                                        (B)   it must be identified by a unique identifier,

 

                                        (C)   it must measure temperature within a range of at least -30 °C to 30 °C,

 

                                        (D)   it must be properly calibrated by the issuing processor or issuing transporter,

 

                                        (E)   it must have a calibration record maintained by the issuing processor or issuing transporter;

 

                   (i)      a logbook for recording bulk tank seals that meets all requirements under the Board’s Bulk Tanker Sealing Program;

 

                   (j)      a bulk milk truck tank constructed in a manner that prevents the temperature of raw milk in the tank from increasing more than 2 °C for each 24-hour period the raw milk is in the tank;

 

                   (k)     equipment allowing for adequate cleaning of the bulk milk truck tank, including a sufficient number of spray balls.

 

          (2)    In addition to meeting the requirements of Section 23 for raw milk contact surfaces, surfaces of a bulk milk truck that may come into contact with raw milk must be

 

                   (a)      free of cavities, open seams and loose particles; and

 

                   (b)     readily cleanable.


Dairy Animals


Animal access to milk parlour, AMS milking area or milk house

53      (1)    No animal, other than a dairy animal there to be milked, is permitted in a milk parlour or an AMS milking area.

 

          (2)    No animal is permitted in a milk house.


Animal segregation in dairy barn

54      (1)    An animal must not be housed in a dairy barn unless it is of 1 of the following species:

 

                   (a)      cow;

 

                   (b)     domestic goat, genus Capra;

 

                   (c)      domestic sheep, genus Ovis;

 

                   (d)     domestic water buffalo, genus Bubalus.

 

          (2)    Each species of animal housed in a dairy barn must be housed separately in an area enclosed by walls that extend from the floor to the ceiling.

 

          (3)    Any door between the separate housing areas required by subsection (2) must be kept closed when not in use.

 

          (4)    Immature dairy animals housed in a dairy barn may be housed either individually or in groups, and must be housed separately from the milking herd in either an open pen or a tie stall.

 

          (5)    The housing of any immature dairy animal housed outside of a dairy barn, but in close proximity to the dairy barn, must meet all of the following requirements:

 

                   (a)      it must be clean, tidy and free from excessive odour;

 

                   (b)     it must not cause runoff that would compromise milk quality and safety.


Dairy animal health

55      A dairy animal must

 

                   (a)      be in good physical condition; and

 

                   (b)     not have a communicable disease that can be transmitted through raw milk.


Dairy animal cleanliness

56      (1)    A dairy animal in a milking herd must be clean.

 

          (2)    Hair on the udder, belly, flanks and sides of a dairy animal in a milking herd must be kept short and free of dirt, manure and debris.


Dairy animal bedding

57      (1)    A dairy animal must have access to a rest area that is clean, dry and covered with a bedding material.

 

          (2)    If milking is done in a tie-stall milking barn or raw milk is collected in open buckets, bedding must not be changed or disturbed during milking.


Dairy animal manure

58      (1)    Except as provided in subsection (2), solid and liquid manure must be removed from a dairy barn at least once a day.

 

          (2)    Manure may accumulate as follows:

 

                   (a)      in a loose-housing barn, if there is sufficient bedding to ensure a clean, dry rest area for dairy animals;

 

                   (b)     below the level of a dairy barn where dairy animals are housed, as part of a manure disposal system.

 

          (3)    Manure that accumulates under subsection (2) must be removed from a dairy barn at least once a year.

 

          (4)    Manure must be removed from a milk parlour promptly after milking.

 

          (5)    A milk house must be kept free of manure.


Veterinary drug use

59      (1)    A dairy animal must not be administered any drug other than a veterinary drug.

 

          (2)    A prescription veterinary drug must be administered as prescribed by a veterinarian.

 

          (3)    A non-prescription veterinary drug must be administered as directed by the manufacturer’s instructions.

 

          (4)    A producer must clearly identify dairy animals from which milk must be withheld because it may contain residues of veterinary drugs.

 

          (5)    A producer must maintain a record of all veterinary drug use in their milking herd.


Veterinary drug storage

60      (1)    A veterinary drug used to treat a dairy animal in a milking herd must not be stored in a milk house except in accordance with the following requirements:

 

                   (a)      it must be stored in a closed cupboard or refrigerator in a manner that prevents contamination of the raw milk in the milk house;

 

                   (b)     it must be stored in a manner that meets the requirements specified by the manufacturer or a veterinarian for storing it.

 

          (2)    Veterinary drugs that are used to treat non-lactating dairy animals must not be stored in a milk house.


Personal Hygiene


Preventing spread of disease

61      A person who is infected with or carrying any disease that may be transmitted through raw milk must not work in any capacity that involves producing, handling, storing or transporting raw milk.


Clothing and hand-washing

62      (1)    While in contact with a dairy animal during milking, a person must do all of the following:

 

                   (a)      wear clean clothing and footwear;

 

                   (b)     wear waterproof dressings, gloves or clothing over any cut or lesion on their hands or arms;

 

                   (c)      keep their hands clean and dry.

 

          (2)    Any waterproof gloves worn to cover a cut or lesion must meet all of the following requirements:

 

                   (a)      they must be clean and dry;

 

                   (b)     they must not react with cleaners, sanitizers or raw milk.

 

          (3)    Before touching milking equipment, raw milk transfer equipment, or milking, a person must wash their hands with soap and water, and then their dry hands with a single-service towel.

 

          (4)    A person’s hands must not be wet while hand-milking a dairy animal.


Bulk milk grader not permitted in animal housing area

63      A bulk milk grader must not enter an animal housing area.


Raw Milk Handling


Restriction on marketing raw milk

64      A person must not market raw milk unless all the requirements in Sections 65 to 77 for handling the raw milk are met.


No altering raw milk

65      (1)    A person must not contaminate raw milk.

 

          (2)    A person must not remove any substance from raw milk before the raw milk is received by a processor.


Segregating raw milk from different species

66      Raw milk taken from dairy animals of 2 or more species must not be mixed before the milk is received by a processor.


No colostrum or veterinary drugs in raw milk

67      Raw milk taken from a dairy animal during any of the following periods must not be marketed:

 

                   (a)      from 15 days before the date the dairy animal is expected to give birth, up to and including 3 days after it gives birth;

 

                   (b)     when colostrum or blood is present in the raw milk;

 

                   (c)      if the dairy animal is being treated with a veterinary drug, the withholding period for the drug as identified on the label of the drug or as specified by a veterinarian.


No marketing colostrum for human consumption

68      A person must not market colostrum or any product containing colostrum for the purpose of human consumption.


Restriction on marketing colostrum for non-human consumption

69      (1)    Except as provided in subsection (2), a producer must not market colostrum or any product containing colostrum for the purpose of non-human consumption.

 

          (2)    A producer may market colostrum obtained from a dairy animal up to 3 days after the dairy animal gives birth for the purpose of non-human consumption, with the prior approval of the following:

 

                   (a)      for raw cows’ milk, the Board;

 

                   (b)     for raw milk from a dairy animal other than a cow, the Council.


Raw milk discard

70      (1)    During milking, the first stream of raw milk from each teat of a dairy animal must be examined to determine if it

 

                   (a)      has an abnormal odour;

 

                   (b)     contains excessive sediment or any objectionable matter; or

 

                   (c)      has physical defects.

 

          (2)    After examination, the first stream of raw milk examined under subsection (1) must be discarded in a manner that prevents contamination of the milking area.

 

          (3)    Any milk as described in clauses (1)(a) to (c) that is produced during milking must be discarded.

 

          (4)    An automatic milking system must be capable of meeting the requirements of subsections (1), (2) and (3).


Teat cleaning and sanitizing

71      (1)    Regardless of whether an automatic milking system is used,

 

                   (a)      before milking equipment is placed on a dairy animal, all of the dairy animal’s teats must be cleaned and sanitized with a product approved for udder hygiene by the federal Department of Health; and

 

                   (b)     after milking equipment is removed from a dairy animal, a product approved for udder hygiene by the federal Department of Health must be applied to all of the dairy animal’s teats.

 

          (2)    If an automatic milking system is not used, a dairy animal’s teats must be dried hygienically after being cleaned and sanitized under clause (1)(a) and before milking equipment is placed on the dairy animal.


Filtering raw milk

72      (1)    Raw milk must pass through a filter before it is stored.

 

          (2)    A filter must be

 

                   (a)      designed to filter raw milk; and

 

                   (b)     used according to the manufacturer’s instructions.


Temperature of raw milk in farm bulk tank

73      (1)    Except as provided in subsection (2) for raw milk obtained using an automatic milking system,

 

                   (a)      the temperature of raw milk from a first milking stored in a farm bulk tank must meet all of the following requirements:

 

                              (i)      no later than 1 hour after the first milking is finished, it must be lowered to less than or equal to 10 °C,

 

                              (ii)     no later than 2 hours after the first milking is finished, it must be lowered to less than or equal to 4 °C and higher than 0 °C,

 

                              (iii)    after reaching the temperature range in clause (a)(ii) by the time specified in that clause, it must be maintained in that range until raw milk from the next milking is added to the farm bulk tank; and

 

                   (b)     the temperature of raw milk from the first milking in a farm bulk tank blended with raw milk from any subsequent milkings must meet all of the following requirements:

 

                              (i)      it must be lower than or equal to 10 °C,

 

                              (ii)     no later than 1 hour after each subsequent milking is finished, it must be lower than or equal to 4 °C and higher than 0 °C,

 

                              (iii)    after reaching the temperature range in clause (b)(ii) by the time specified in that clause, it must be maintained in that range until the next milking.

 

          (2)    The temperature of raw milk obtained using an automatic milking system and stored in a farm bulk tank must, from within 2 hours after milking starts until the farm bulk tank no longer holds any milk,

 

                   (a)      be higher than 0°C; and

 

                   (b)     never go higher than 4°C for longer than 15 consecutive minutes.


Temperature of frozen raw milk from dairy animal other than cow

74      (1)    This Section applies only to raw milk taken from a dairy animal other than a cow and stored in a freezer in accordance with Section 46.

 

          (2)    Before freezing, raw milk must be cooled as provided under Section 73 for raw milk in a farm bulk tank.

 

          (3)    Raw milk must be frozen to a temperature of lower than or equal to -18 °C.

 

          (4)    Raw milk must be frozen within 72 hours after milking.

 

          (5)    Raw milk that has been frozen must remain frozen until it is received by a processor.

 

          (6)    Raw milk that has been cooled as required in subsection (2) may be added to a container that holds raw milk that is already frozen.


Temperature in transport vehicle

75      (1)    Except as provided in subsection (2) for frozen raw milk, the temperature of raw milk being transported on a transport vehicle must be lower than or equal to 6 °C and higher than 0 °C.

 

          (2)    While being transported on a transport vehicle, raw milk that has been stored in a freezer in accordance with Section 46 must meet the temperature requirements of Section 74.


Duration of raw milk storage

76      (1)    Unless the Board grants an exemption under Section 77, raw milk to be marketed to the Board must not be stored in a farm bulk tank for more than 48 hours.

 

          (2)    Except as provided in subsection (4) for frozen storage, raw milk from a dairy animal other than a cow must not be stored for more than 72 hours.

 

          (3)    The time periods in subsection (1) and subsection (2) apply to all raw milk, whether stored in a farm bulk tank or in storage equipment that complies with Section 45, from the time that filling of the empty farm bulk tank or storage equipment begins.

 

          (4)    Raw milk taken from a dairy animal other than a cow and stored in a freezer in accordance with Section 46 must not be stored for more than 12 months.


Exemption from storage duration limit for raw milk in farm bulk tank

77      (1)    In exceptional circumstances, the Board may grant an exemption to the time limit in subsection 76(1) for the storage of raw milk in a farm bulk tank, but in any event the raw milk must not be stored for more than 72 hours.

 

          (2)    An exemption under subsection (1) must be in accordance with the Council’s Milk Storage Exemption Policy.

 

          (3)    A producer may apply for an exemption under subsection (1) by submitting an application to the Board in the form prescribed in the Council’s Milk Storage Exemption Policy.

 

          (4)    On granting an exemption under this Section, the Board must notify the affected producer, transporter and processor.

 

          (5)    A producer must ensure that their farm bulk tank has sufficient holding capacity for additional raw milk that may be stored in exceptional circumstances under an exemption granted under this Section.

 

          (6)    An automatic milking system must have sufficient holding capacity for the main farm bulk tank to be emptied and cleaned.


Raw Milk Grading and Transfer


Only grader permitted to transfer raw milk

78      Only a grader may transfer raw milk.


Testing temperature before transfer from storage

79      (1)    Before transferring raw milk from where it has been stored at a dairy farm, a bulk milk grader must measure the temperature of the raw milk.

 

          (2)    For any temperature measurement under this Section, a bulk grader must use a thermometer that meets the requirements of clause 52(1)(h).

 

          (3)    A bulk milk grader must grade raw milk as rejected if any of the following apply:

 

                   (a)      for raw milk, the temperature of the raw milk is

 

                              (i)      lower than or equal to 0 °C, or

 

                              (ii)     higher than 4 °C, other than as allowed under Section 73;

 

                   (b)     for raw milk taken from a dairy animal other than a cow and frozen under Section 46, the temperature of the raw milk is higher than -18 °C.

 

          (4)    If raw milk in a farm bulk tank, or other storage equipment that complies with Section 45, is in the process of cooling, a bulk milk grader may re-measure the temperature of the raw milk in the farm bulk tank or other storage equipment after the cooling times in Section 73 have elapsed.

 

          (5)    A temperature measurement taken by a bulk milk grader under subsection (1) or, if the temperature is re-measured, under subsection (4), is final.


Testing temperature before transfer from transport vehicle

80      (1)    Before transferring raw milk from a transport vehicle, a plant grader must measure the temperature of raw milk on the transport vehicle.

 

          (2)    For any temperature measurement under this Section, a plant grader must use a thermometer that meets the requirements of clause 52(1)(h).

 

          (3)    A plant grader must grade raw milk as rejected if any of the following apply:

 

                   (a)      for raw milk, the temperature of the raw milk is

 

                              (i)      lower than or equal to 0 °C, or

 

                              (ii)     higher than 6 °C;

 

                   (b)     for raw milk taken from a dairy animal other than a cow and frozen under Section 46, the temperature of the raw milk is higher than -18 °C.

 

          (4)    A temperature measurement taken by a plant grader under this Section is final.


Examining raw milk

81      (1)    In this Section, “rejection criteria” means the mandatory rejection criteria set out in Section 82.

 

          (2)    Any examination under this Section must be in accordance with the Bulk Milk Grader’s Course Manual.

 

          (3)    A grader must examine raw milk against the rejection criteria at the following times:

 

                   (a)      except as provided in clause (b), before transferring the raw milk;

 

                   (b)     for raw milk taken from a dairy animal other than a cow and frozen in accordance with Section 46,

 

                              (i)      after the raw milk has been cooled as provided in Section 74 and before the raw milk is frozen, and

 

                              (ii)     at a processing plant, after the raw milk has thawed and before the raw milk is mixed with any other raw milk or processed.

 

          (4)    While examining raw milk as required by subsection (3), a grader may examine the raw milk for any abnormal flavour.

 

          (5)    A grader must grade raw milk as rejected if any of the following apply:

 

                   (a)      the milk meets any of the rejection criteria;

 

                   (b)     the milk is examined under subsection (4) and is found to have an abnormal flavour;

 

                   (c)      the producer’s production is too low to allow satisfactory cooling, sampling or measuring as required by these regulations or the Bulk Milk Grader’s Course Manual.


Mandatory rejection criteria

82      All of the following are mandatory rejection criteria for the purpose of an examination of raw milk under subsection 81(3):

 

                   (a)      the milk emits an unusual odour;

 

                   (b)     the milk has a physical defect, including any of the following:

 

                              (i)      discolouration,

 

                              (ii)     iciness,

 

                              (iii)    wateriness,

 

                              (iv)    thickness,

 

                              (v)     coagulation,

 

                              (vi)    flakiness,

 

                              (vii)   stringiness;

 

                   (c)      the milk has started to form butter;

 

                   (d)     the milk contains colostrum;

 

                   (e)      the milk contains foreign matter, including any of the following:

 

                              (i)      blood,

 

                              (ii)     a pest,

 

                              (iii)    dirt,

 

                              (iv)    debris;

 

                   (f)      the milk is not of good quality for reasons other than as listed in clauses (a) to (e).


Milk grading decision final

83      (1)    Unless an inspector grades the raw milk under subsection (3), a decision of a grader on whether to grade raw milk as rejected is final.

 

          (2)    Before making a decision on the grade of raw milk, a grader may consult with an inspector.

 

          (3)    An inspector who is consulted under subsection (2) may decide on the grade of the raw milk, and in that case the decision of the inspector is final.


Rejection report: raw cows’ milk

84      (1)    A grader or inspector who grades raw cows’ milk as rejected must record all of the following information in a form prescribed by the Council:

 

                   (a)      if the rejected raw milk is in a farm bulk tank,

 

                              (i)      producer’s name,

 

                              (ii)     producer registration number,

 

                              (iii)    transporter’s name,

 

                              (iv)    name of the grader or inspector,

 

                              (v)     date of the rejection,

 

                              (vi)    time of the rejection,

 

                              (vii)   volume of raw milk in the tank, determined in accordance with a standard method outlined in the Bulk Milk Grader’s Course Manual, including

 

                                        (A)   a reading of the volume measurement device, and

 

                                        (B)   the volume according to the tank’s calibration table, recorded at no greater than the maximum volume on the calibration table,

 

                              (viii)  a statement that the raw milk was examined, rejected, and not transferred,

 

                              (ix)    all reasons for the rejection in accordance with Sections 81 and 82,

 

                              (x)     any observations supporting the reasons for rejection;

 

                   (b)     if the rejected raw milk is in a bulk milk truck,

 

                              (i)      transporter’s name,

 

                              (ii)     bulk milk grader’s name,

 

                              (iii)    processing plant identification,

 

                              (iv)    name of the plant grader or inspector,

 

                              (v)     date of the rejection,

 

                              (vi)    time of the rejection,

 

                              (vii)   volume of rejected raw milk in the bulk milk truck tank or, if the tank has more than 1 compartment, in the compartment,

 

                              (viii)  a statement that the raw milk was examined, rejected and not transferred,

 

                              (ix)    all reasons for the rejection in accordance with Sections 81 and 82,

 

                              (x)     any observations supporting the reasons for rejection.

 

          (2)    Information recorded under subsection (1) about raw milk graded as rejected must be provided to all of the following:

 

                   (a)      the producer;

 

                   (b)     the transporter;

 

                   (c)      an inspector, unless the information was recorded by an inspector;

 

                   (d)     the Board.

 

          (3)    A grader or inspector who grades raw milk in a farm bulk tank as rejected must indicate the rejection by marking the tank in accordance with a method prescribed in the Bulk Milk Grader’s Course Manual.


Rejection report: raw milk from dairy animal other than cow

85      (1)    A grader or inspector who grades raw milk from a dairy animal other than a cow as rejected must record all of the following information in a form prescribed by the Council:

 

                   (a)      producer’s name;

 

                   (b)     transporter’s name;

 

                   (c)      name of the grader or inspector;

 

                   (d)     date of the rejection;

 

                   (e)      time of the rejection;

 

                   (f)      a statement that the raw milk was examined, rejected and not transferred;

 

                   (g)     all reasons for the rejection in accordance with Sections 81 and 82;

 

                   (h)     any observations supporting the reasons for rejection.

 

          (2)    Information recorded under subsection (1) about raw milk graded as rejected must be provided to all of the following:

 

                   (a)      the producer;

 

                   (b)     the transporter;

 

                   (c)      an inspector, unless the information was recorded by an inspector.


Sampling and testing for presence of inhibitors

86      (1)    After raw milk is graded on arrival at a processing plant, and before it is transferred into the processing plant, a plant grader must

 

                   (a)      sample the raw milk in accordance with this Section and the general sampling provisions in Sections 95 to 99; and

 

                   (b)     unless it is necessary to do an off-site test in accordance with subsection (5), test the sample on site for the presence of inhibitors, using a standard test in accordance with subsection 100(2).

 

          (2)    For raw milk delivered to a processing plant in a bulk milk truck tank with more than one compartment, a plant grader must take a sample as required by clause (1)(a) directly from each compartment and test the samples separately.

 

          (3)    For raw milk taken from a dairy animal other than a cow and delivered in a container to a processing plant, a plant grader must take a sample as required by clause (1)(a) from each container of raw milk.

 

          (4)    In either of the following circumstances, a plant grader must take a sample of raw milk as required by clause (1)(a) after it is transferred from the transport vehicle, and test it for the presence of inhibitors as required by clause (1)(b) before it is mixed with any other raw milk or processed:

 

                   (a)      a portion of the raw cows’ milk being transported on a bulk milk truck is delivered to a small processing plant mid-route;

 

                   (b)     raw milk from a dairy animal other than a cow is delivered to a processing plant frozen.

 

          (5)    If a processor of raw milk from a dairy animal other than a cow does not have the facilities to test raw milk on site for inhibitors, a plant grader must arrange to have the test required by subsection (1) conducted using the facilities of another processor or at the dairy testing laboratory.

 

          (6)    If the result of a test under this Section is positive for the presence of inhibitors,

 

                   (a)      for raw cows’ milk referred to in subsection (2), all the raw milk from the bulk milk truck tank compartment containing the raw milk that tested positive must be rejected;

 

                   (b)     for raw milk from a dairy animal other than a cow, all the raw milk from the container or bulk milk tank containing the raw milk that tested positive must be rejected.


Prohibition on marketing milk graded rejected

87      A person must not market raw milk that has been

 

                   (a)      graded as rejected by a grader under subsection 81(5) or an inspector under subsection 83(3); or

 

                   (b)     rejected under subsection 86(6) after testing positive for the presence of inhibitors.


When transfer prohibited

88      Except as permitted in this subsection, raw milk must not be transferred if any of the following occur:

 

                   (a)      it is seized by an inspector;

 

                   (b)     it is graded as rejected by a grader under subsection 81(5) or an inspector under subsection 83(3), except that the transporter may transfer raw milk between 2 transport vehicles to dispose of milk under subsection 89(2);

 

                   (c)      it is rejected under subsection 86(6) after testing positive for the presence of inhibitors, except that the transporter may transfer raw milk between 2 transport vehicles to dispose of milk under subsection 89(2);

 

                   (d)     it is prohibited from being marketed under these or any other applicable regulations.


Required disposal of raw milk

89      (1)    A producer must dispose of raw milk that is prohibited under clause 88(b), (c) or (d) from being transferred and is being stored in the producer’s farm bulk tank or in equipment that complies with Section 45 or 46.

 

          (2)    A transporter must dispose of raw milk that is prohibited under clause 88(b), (c) or (d) from being transferred and is being carried on the transporter’s transport vehicle.

 

          (3)    Raw milk to be disposed of under this Section must be kept separate from any other raw milk.


Application of Sections 91 to 94

90      Sections 91 to 94 apply only to raw milk owned by the Board.


Transfer of bulk milk between bulk milk truck tanks

91      Except as provided in Section 92 or 93, a transfer of raw milk between 2 bulk milk truck tanks may be carried out only at a processing plant.


Planned transfer between bulk milk truck tanks other than at plant

92      (1)    A transporter may apply to the Board for approval to transfer raw milk between bulk milk truck tanks other than at a processing plant.

 

          (2)    An application under subsection (1) must include all of the following information:

 

                   (a)      name of each transporter involved in the transfer;

 

                   (b)     proposed location of the transfer;

 

                   (c)      proposed frequency of the transfer;

 

                   (d)     any special circumstances.

 

          (3)    The Board may approve an application under subsection (1) if all of the following requirements are met:

 

                   (a)      the Board must be satisfied that each transporter involved in the transfer is in compliance with any regulations that the Board considers relevant;

 

                   (b)     the proposed location must

 

                              (i)      have a surface paved with concrete or asphalt, and

 

                              (ii)     be located away from any source of contamination.

 

          (4)    The Board must issue written confirmation of an approval under this Section.


Emergency transfer between bulk milk truck tanks

93      (1)    If a bulk milk truck tank carrying raw milk is inoperable and, in the bulk milk grader’s opinion, the raw milk has not been compromised, the raw milk may be transferred to another bulk milk truck tank.

 

          (2)    A bulk milk grader who transfers raw milk between 2 bulk milk truck tanks under subsection (1) must record all of the following information in a form prescribed by the Council:

 

                   (a)      transporter’s name;

 

                   (b)     bulk milk truck tank identifier;

 

                   (c)      date of the transfer;

 

                   (d)     time of the transfer;

 

                   (e)      description of the conditions that required the transfer;

 

                   (f)      description of the action taken.

 

          (3)    The information recorded under subsection (2) must be provided to each of the following:

 

                   (a)      an inspector;

 

                   (b)     the transporter;

 

                   (c)      the processor receiving the milk;

 

                   (d)     the Board.


Farm bulk tank milk transfer report

94      (1)    Before a bulk milk grader transfers raw milk from a farm bulk tank to a bulk milk truck, the grader must record all of the following information in accordance with the Bulk Milk Grader’s Course Manual:

 

                   (a)      producer’s name;

 

                   (b)     provincial producer registration number;

 

                   (c)      transporter’s name;

 

                   (d)     grader’s name;

 

                   (e)      pick-up date;

 

                   (f)      pick-up time;

 

                   (g)     volume of raw milk in the tank, determined in accordance with a standard method outlined in the Bulk Milk Grader’s Course Manual, including

 

                              (i)      a reading of the volume measurement device, and

 

                              (ii)     the volume according to the tank’s calibration table, recorded at no greater than the maximum volume on the calibration table;

 

                   (h)     temperature of raw milk in the farm bulk tank;

 

                   (i)      the barcode identifying the sample of the producer’s bulk tank.

 

          (2)    If a bulk milk grader does not fully empty a farm bulk tank before a transfer, the grader must record the information required by clauses (1)(g) and (h) after the transfer as well.

 

          (3)    A bulk milk grader must provide the information reported under subsections (1) and (2) to all of the following:

 

                   (a)      the producer;

 

                   (b)     the transporter;

 

                   (c)      the Board.

 

          (4)    The Board must provide the information it receives under clauses (1)(a), (b), and (e) and subclause (1)(g)(ii) to the Board’s payment agent.


Raw Milk Sampling


Only grader or inspector may collect sample

95      Only a grader or an inspector may collect a sample.


Standard sampling methods

96      (1)    A sample must be collected according to the procedure outlined in the Bulk Milk Grader’s Course Manual.

 

          (2)    A sample must be collected at the minimum frequency specified for the type of sample in Schedule A: Summary of Minimum Sampling and Administrative Requirements.

 

          (3)    A sample must be collected from the location specified for the type of sample in Schedule A: Summary of Minimum Sampling and Administrative Requirements.

 

          (4)    Before collecting a sample from a farm bulk tank, the raw milk in the tank must be agitated for at least 5 minutes.

 

          (5)    Except as provided in clause 86(4)(b) for sampling and testing for the presence of inhibitors, for raw milk taken from a dairy animal other than a cow and to be stored frozen in accordance with Section 46, a sample must be taken before the raw milk is frozen and after it has been cooled in accordance with Section 74.


Sample vial

97      (1)    An empty sample vial must meet all of the following requirements before being used to collect a sample:

 

                   (a)      it must be stored in a sample vial storage container;

 

                   (b)     it must have a sealed lid;

 

                   (c)      it must be clean on the outside;

 

                   (d)     it must have remained sterile on the inside, if the sample vial is sterile;

 

                   (e)      it must be clean on the inside, if the sample vial is non-sterile.

 

          (2)    A sample vial must be uniquely identified and labelled in accordance with the Bulk Milk Grader’s Course Manual and as required by

 

                   (a)      the Board, for a Board sample; or

 

                   (b)     the dairy testing laboratory, for a dairy testing laboratory sample, inhibitor sample or temperature control sample.

 

          (3)    After a sample is collected,

 

                   (a)      the full sample vial must be sealed and be kept clean on the outside; and

 

                   (b)     the sample must be kept at a temperature lower than or equal to 4 °C and higher than 0 °C until it is tested.


If sample does not meet standards

98      (1)    A processor or dairy testing laboratory must not accept a sample that does not meet the standards outlined in the Bulk Milk Grader’s Course Manual and the requirements of these regulations.

 

          (2)    If a sample is not accepted, the processor or dairy testing laboratory must notify

 

                   (a)      the Board, for raw cows’ milk; or

 

                   (b)     the producer, for raw milk from a dairy animal other than a cow.

 

          (3)    For a Board sample, or a dairy testing laboratory sample for raw cows’ milk, that is not accepted, the Board may require a replacement sample and may specify a time for delivery.

 

          (4)    For a dairy testing laboratory sample for raw milk from a dairy animal other than a cow, or inhibitor sample, that is not accepted, the dairy testing laboratory may require a replacement sample and may specify a time for delivery.

 

          (5)    A grader or inspector must deliver a replacement sample as required by the Board or dairy testing laboratory under subsection (3) or (4).


Sample storage and handling

99      All samples must be stored and handled in accordance with procedures set out in the Council’s Sampling and Storage Policy.


Raw Milk Testing and Quality Standards


Required tests

100    (1)    Raw milk must be tested for all of the following, at the times and by the persons specified in Schedule B: Summary of Minimum Analysis and Administrative Requirements:

 

                   (a)      the chemical and microbiological parameters set out in the table in Section 101;

 

                   (b)     for cows’ milk only,

 

                              (i)      levels of butterfat, protein and other solids, and

 

                              (ii)     temperature.

 

          (2)    Any test of raw milk required by these regulations must be carried out using a standard test of a type specified for that test by the authority named in Schedule C: Summary of Sampling and Testing Responsibilities.

 

          (3)    The cost of any test of raw milk required by these regulations must be paid by the person specified for the type of test in Schedule B: Summary of Minimum Analysis and Administrative Requirements.

 

          (4)    The results from any test of raw milk required by these regulations must be reported to the person specified for the type of test in Schedule B: Summary of Minimum Analysis and Administrative Requirements.

 

          (5)    The Board may administer the collection and analysis of raw milk samples for tests in addition to those referred to in subsection (1) to support the Board’s role under the Act.

 

          (6)    The Board must establish a process for setting fees for any testing of Board samples.


Chemical and microbiological standards for raw milk

101    Raw milk must meet the chemical and microbiological quality standards set out in the following table:


Parameter

Chemical or Microbiological Quality Standard

Bacteria

Raw cows’ milk:

 

-

maximum 50 000 cfu total living mesophilic aerobic bacteria per ml

 

 

or

 

-

maximum 121 000 individual bacterial count per ml measured using method such as Bactoscan®

 

Raw goats’ milk:

 

-

maximum 50 000 cfu total living mesophilic aerobic bacteria per ml

 

 

or

 

-

maximum 321 000 individual bacterial count per ml measured using method such as Bactoscan®

 

Raw sheep’s milk: same standard as for raw goats’ milk

 

Raw milk from dairy animals other than cows, goats and sheep: same standard as for raw cows’ milk

Somatic cells

Raw cows’ milk: maximum 400 000 somatic cells per ml

 

Raw goats’ milk: maximum 1 500 000 somatic cells per ml

 

Raw sheep’s milk: same standard as for raw goats’ milk

 

Raw milk from dairy animals other than cows, goats and sheep: same standard as for raw cows’ milk

Inhibitors, including veterinary drug residues

Negative for the presence of inhibitory substance residues, including veterinary drug residues, as tested by a testing method approved by the Council

Freezing point

Raw cows’ milk: maximum: -0.525°Hortvet or (-0.507 °C)

 

Raw goats’ milk: maximum: -0.564°Hortvet or (-0.545 °C)

 

Raw sheep’s milk: same standard as for raw goats’ milk

 

Raw milk from dairy animals other than cows, goats and sheep: same standard as for raw cows’ milk


Further testing for presence of inhibitors

102    (1)    If the result of a test of raw milk under Section 86 is positive for the presence of inhibitors,

 

                   (a)      for raw cows’ milk,

 

                              (i)      the processor may test all Board samples related to the bulk milk truck load containing the milk that tested positive, and

 

                              (ii)     the processor must deliver all of the following to the dairy testing laboratory for confirmation:

 

                                        (A)   the Board samples related to the bulk milk truck load containing the milk that tested positive,

 

                                        (B)   the samples that tested positive under Section 86;

 

                   (b)     for raw milk from a dairy animal other than a cow, the processor may deliver all the samples that tested positive to the dairy testing laboratory for confirmation.

 

          (2)    The dairy testing laboratory must analyze all samples delivered under subclause (1)(a)(ii) or clause (1)(b) for the presence of inhibitors.

 

          (3)    Confirmation from the dairy testing laboratory that a raw milk sample tests positive for inhibitors is sufficient proof that the sample contains inhibitors.


Notification of positive test result

103    (1)    On finding that any raw milk analyzed under subsection 102(2) contains inhibitors, the dairy testing laboratory must notify an inspector.

 

          (2)    On being notified that raw milk has tested positive for the presence of inhibitors, the inspector or the inspector’s designate must, as soon as possible, notify the following:

 

                   (a)      for any raw milk, the producer whose sample was found to be the source of the inhibitors in the analysis by the dairy testing laboratory under subsection 102(2); and

 

                   (b)     for raw cows’ milk, the Board.


Consequences of Failing to Meet Quality Standards


Application of Sections 105 and 106

104    Sections 105 and 106 apply only to raw cows’ milk.


Consequences of testing positive for inhibitors

105    (1)    After a producer is notified of a positive test result under subsection 103(2), in addition to the additional consequences and penalties set out in the Milk Producer Licensing Regulations, raw milk from the producer’s next milking must be tested from the producer’s farm bulk tank for inhibitors.

 

          (2)    If the raw milk tested under subsection (1) is found to contain an inhibitor, the producer’s raw milk must not be marketed until the Board is satisfied that it is free from inhibitors.


Consequences of finding contamination other than inhibitor

106    (1)    A producer who is found to be the source of any raw milk contamination, other than an inhibitor, that is identified by grading or analysis and that results in the disposal of the raw milk from a bulk milk truck

 

                   (a)      is not entitled to be paid for any of their raw milk that is disposed of;

 

                   (b)     is liable for all of the following in addition to any applicable penalty under the Milk Producer Licensing Regulations:

 

                              (i)      reimbursement to the Board for the value of the remainder of the raw milk disposed of from the bulk milk truck,

 

                              (ii)     the disposal administration fee under the Bulk Haulage Regulations made under the Act,

 

                              (iii)    expenses incurred by the Board in disposing of the raw milk.

 

          (2)    A transporter who is found to be the source of any contamination as described in subsection (1) is liable to the Board for all of the following:

 

                   (a)      reimbursement of the value of the raw milk disposed of;

 

                   (b)     expenses incurred by the Board in disposing of the raw milk.



Schedule A: Summary of Minimum Sampling and Administrative Requirements

(Raw Milk Production and Transportation Regulations)



Table 1: Minimum Sampling and Administrative Requirements: Raw Cows’ Milk

 

Milk Sample Type

Board

Dairy Testing Laboratory

Inhibitor

Temperature Control

analysis

butterfat, protein, other solids

somatic cell count

inhibitor test

inhibitor confirmatory test

other analysis as determined by Board

bacteria

freezing point

inhibitor test

inhibitor confirmatory test

temperature

collected from

farm bulk tank

farm bulk tank

bulk milk truck tank compartment(s)

processing plant (mid-route delivery to small processing plant only)

farm bulk tank (on-farm processed only)

farm bulk tank (only first pick-up of run)

collected by

bulk milk grader

bulk milk grader

plant grader

bulk milk grader

collected when

after grading and before or during transfer

after grading and before transfer

after grading and before transfer

after grading and before mixed with other raw milk or processed (mid-route delivery to small processing plant only)

before Board sample (only first pick-up of run)

sampling method

standard method under ss. 96–97 RMPT Regulations

standard method under ss. 96–97 RMPT Regulations

standard method under ss. 96–97 RMPT Regulations

standard method under ss. 96–97 RMPT Regulations

sampling frequency

every raw milk pick-up

at least twice a month

every raw milk delivery

each pick-up run

fees for analysis set by

Board

Department

Department (inhibitor confirmatory test)

Department



Table 2: Minimum Sampling and Administrative Requirements: Raw Milk From Dairy Animals Other Than Cows

 

Milk Sample Type

Dairy Testing Laboratory

Inhibitor

analysis

bacteria

freezing point

somatic cell count

inhibitor test

inhibitor confirmatory test (optional)

collected from

farm bulk tank

storage equipment under s. 45 or 46 RMPT Regulations

farm bulk tank

bulk milk tank

storage equipment under s. 45 or 46 RMPT Regulations

collected by

bulk milk grader

plant grader

collected when

after grading and before transfer

after grading and before transfer (non-frozen raw milk)

after grading and before mixed with other raw milk or processed (frozen raw milk)

sampling method

standard method under ss. 96–97, RMPT Regulations

standard method under ss. 96–97, RMPT Regulations

sampling frequency

at least once a month

every raw milk delivery

fees for analysis set by

Department

Department (inhibitor confirmatory test)


Schedule B: Summary of Minimum Analysis and Administrative Requirements

(Raw Milk Production and Transportation Regulations)



Table 1: Minimum Analysis and Administrative Requirements: Raw Cows’ Milk

 

Milk Analysis Type

Butterfat, Protein,

Other Solids

Bacteria

Freezing Point

Somatic Cell Count

Inhibitor Test

Inhibitor Confirmatory Test

Temperature

testing frequency

at least 4 times a month

at least twice a month

at least twice a month

at least 4 times a month

every raw milk delivery; and Board samples tested when any inhibitor sample tests positive

when any inhibitor sample tests positive (confirmatory test on both Board and inhibitor samples)

every sample delivery

testing provider

accredited laboratory

dairy testing laboratory

dairy testing laboratory

accredited laboratory

processor

dairy testing laboratory

processor; accredited laboratory

test result standard

n/a

s. 101 RMPT Regulations

s. 101 RMPT Regulations

s. 101 RMPT Regulations

s. 101 RMPT Regulations

s. 101 RMPT Regulations

s. 97(3)(b) RMPT Regulations

test result reported to

producer

Board

producer

Board

Inspector

producer

Board

Inspector

producer

Board

Inspector

dairy testing laboratory

producer

inspector

processor

inspector*

(*inspector notifies producer and Board— s. 103(2) RMPT Regulations)

n/a*

(*unless standard for samples not met—if not met, processor or laboratory testing the sample notifies the Board— s. 98(2) RMPT Regulations)

test cost paid by

Board and processor

Board

Board

Board and processor

Board and processor

Board

n/a



Table 2: Minimum Analysis and Administrative Requirements: Raw Milk From Dairy Animals Other Than Cows

 

Milk Analysis Type

Bacteria

Freezing Point

Somatic Cell Count

Inhibitor Test

Inhibitor

Confirmatory Test

frequency

at least once a month

at least once a month

at least once a month

every raw milk delivery

when any inhibitor sample tests positive (optional)

testing provider

dairy testing laboratory

dairy testing laboratory

dairy testing laboratory

processor

dairy testing laboratory

test result standard

s. 101 RMPT Regulations

s. 101 RMPT Regulations

s. 101 RMPT Regulations

s. 101 RMPT Regulations

s. 101 RMPT Regulations

test result reported to

producer

inspector

producer

inspector

producer

inspector

dairy testing laboratory

producer

inspector

processor

inspector*

(*inspector notifies producer— s. 103(2) RMPT Regulations)

test cost paid by

processor

processor

Department

processor

Department



Schedule C: Summary of Sampling and Testing Responsibilities

(Raw Milk Production and Transportation Regulations)



Table 1: Sampling and Testing Responsibilities: Cows’ Milk

Responsibility

Authority Responsible, by Raw Milk Sample Type

Board Sample

Dairy Testing Laboratory Sample

Inhibitor Sample

Temperature Control Sample

specify type of sample vial used for sampling

Board

dairy testing laboratory

dairy testing laboratory

dairy testing laboratory

provide sample vials to transporters

Board

Board

Board

Board

specify type of test

Board

dairy testing laboratory

Council

dairy testing laboratory

schedule collection and testing of samples

Board

dairy testing laboratory

dairy testing laboratory

dairy testing laboratory

manage transportation of samples

Board

Board

dairy testing laboratory

dairy testing laboratory

collect and report test results

Board

dairy testing laboratory and Board

dairy testing laboratory

dairy testing laboratory

administer payment of testing costs and collection of testing fees

Board

Board

dairy testing laboratory

dairy testing laboratory

manage results records

Board

Board

dairy testing laboratory

dairy testing laboratory

prescribe unique sample identification method

Board

dairy testing laboratory

dairy testing laboratory

dairy testing laboratory




Table 2: Sampling and Testing Responsibilities: Raw Milk From Dairy Animals Other Than Cows

Responsibility

Authority Responsible, by Raw Milk Sample Type

Dairy Testing Laboratory Sample

Inhibitor Sample

specify type of sample vial used for sampling

dairy testing laboratory

dairy testing laboratory

provide sample vials to processors

Department

Department

specify type of test

dairy testing laboratory

Council

schedule collection and testing of samples

dairy testing laboratory

dairy testing laboratory

manage transportation of samples

n/a

n/a

collect and report test results

dairy testing laboratory

dairy testing laboratory

administer payment of testing costs and collection of testing fees

dairy testing laboratory

dairy testing laboratory

manage results records

dairy testing laboratory

inspector

dairy testing laboratory

inspector

prescribe unique sample identification method

dairy testing laboratory

dairy testing laboratory


 

 


Legislative History
Reference Tables

Raw Milk Production and Transportation Regulations

N.S. Reg. 132/2019

Dairy Industry Act

Note:  The information in these tables does not form part of the regulations and is compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Raw Milk Production and Transportation Regulations made under the Dairy Industry Act includes all of the following regulations:

N.S.
Regulation

In force
date*

How in force

Royal Gazette
Part II Issue

132/2019

Mar 15, 2020

date specified

Sep 27, 2019

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The following regulations are not yet in force and are not included in the current consolidation:

N.S.
Regulation

In force
date*

How in force

Royal Gazette
Part II Issue

 

 

 

 

 

 

 

 

 

 

 

 

*See subsection 3(6) of the Regulations Act for rules about in force dates of regulations.

Amendments by Provision

ad. = added
am. = amended

fc. = fee change
ra. = reassigned

rep. = repealed
rs. = repealed and substituted

Provision affected

How affected

..........................................................

 

 

 

 

 

 

 

 

 

Note that changes to headings are not included in the above table.

Editorial Notes and Corrections

 

Note

Effective
date

 

 

 

 

 

 

 

 

 

Repealed and Superseded

N.S.
Regulation

Title

In force
date

Repealed
date

202/1989

Schedule 5—Transportation of Milk Regulations

Aug 11, 1989

Mar 15, 2020

117/1994

Schedule 2—Transportation of Milk Regulations

Jul 31, 1994

Mar 15, 2020

122/1994

Schedule 12—Goat Milk Production Regulations

Jul 31, 1994

Mar 15, 2020

166/2006

Milk House Water Quality Regulations

Aug 22, 2006

Mar 15, 2020

59/2012

Abnormal Freezing Point Standard for Cow’s Milk Regulations

Apr 1, 2012

Mar 15, 2020

Note:  Only regulations that are specifically repealed and replaced appear in this table.  It may not reflect the entire history of regulations on this subject matter.