Schedule 1 - General Regulations
made under Section 9 of the
Dairy Industry Act
S.N.S. 2000, c. 24
N.S. Reg. 198/1989 (effective August 11, 1989)
amended to N.S. Reg. 190/2024 (effective September 6, 2024)
[Note: the Nova Scotia Dairy Commission does not exist under the Dairy Industry Act; the Dairy Farmers of
Nova Scotia and the Natural Products Marketing Council regulate the industry under the new Act.]
1 In these regulations, unless the context otherwise requires
(a) “Act” means the Dairy Industry Act;
(b) “chocolate partially skimmed milk” means chocolate flavoured milk
containing not less than 2% butterfat or 20.7 grams of butterfat per litre;
(c) “Commission” means the Nova Scotia Dairy Commission as now or from
time to time hereafter constituted under the provisions of the Dairy
Commission Act;
(d) “consumer” means any person who purchases milk for consumption and not
for resale;
(e) “Cream” means a product of milk containing not less than 5% butterfat,
(i) “Light Cream” means cream containing not less than 5% butterfat and
less than 10% butterfat, and
(ii) “Blend” means cream testing not less than 10% butterfat or 103 grams
per litre and not more than 17.9% butterfat or 182 grams of butterfat per
litre, and
(iii) “Coffee Cream” means cream testing not less than 18% butterfat or 183
grams of butterfat per litre and not more than 34.9% butterfat or 360
grams of butterfat per litre, and
(iv) “Whipping Cream” means cream testing not less than 35.0% butterfat or
361 grams of butterfat per litre;
(f) “cream producer” means a producer who delivers farm separated cream to a
processor;
(g) “dairy product” means dairy product as defined in the Act;
(h) “distributor”, except as otherwise provided in these regulations, means a
person who carries on the business of processing, marketing or distributing
milk or fluid milk for fluid consumption, but does not include a jobber or
storekeeper, or any person designated by the regulations as a person to whom
Section 6 of the [Dairy Commission] Act shall not apply;
(i) “fluid milk” means any processed dairy product prepared for sale in liquid
form;
(j) “inspector” means an inspector appointed by the Commission;
(k) “jobber” means any person who purchases or receives from a licensed
distributor for resale, but does not include a storekeeper nor any persons
designated by the regulations as a person to whom Section 6 of the [Dairy
Commission] Act shall not apply;
(l) “milk” means milk as defined in the Act;
(m) “monthly basis” means the practice of paying with[in] fifteen days of the close
of each calendar month for all milk purchased during such month;
(n) “partially skimmed milk” means milk that has had a portion of the butterfat
removed,
(i) “0.5% milk” means milk containing not less than 0.5% butterfat or 5.2
grams of butterfat per litre, and not more than 0.7% butterfat or 7.2
grams of butterfat per litre,
(ii) “1% partially skimmed milk” means milk containing not less than 1%
butterfat or 10.4 grams of butterfat per litre and not more than 1.2%
butterfat or 12.4 grams of butterfat per litre, and
(iii) “1% partially skimmed milk with added milk solids” means milk
containing not less than 1.0% butterfat or 10.4 grams per litre and not
more than 1.2% butterfat or 12.4 grams per litre and containing not less
than 10% milk solids not including butterfat, and
(iv) “2% partially skimmed milk” means milk containing not less than 2%
butterfat or 20.7 grams of butterfat per litre and not more than 2.2%
butterfat or 22.8 grams of butterfat per litre;
(o) Every reference to the percentage of butterfat content of milk is on the basis of
weight and not of volume;
(p) “processor” means a person engaged in processing;
(q) “processing” means processing as defined in the Act;
(r) “producer” means a producer of milk or cream to whom a Total Production
Quota has been allotted by the Commission;
(s) “producer processor” means any person who processes milk, all or any part of
which he is the producer;
(t) (i) “skim milk” means milk containing not more than .3% butterfat or 3.1
grams of butterfat per litre,
(ii) “skim milk with added milk solids” means, milk containing not more
than .3% butterfat or 3.1 grams of butterfat per litre, and containing not
less [than] 10% milk solids, not including butterfat;
(u) “storekeeper” means any person who carries on a retail grocery business, and
includes wholesale and discount food stores;
(v) “transporter” means a transporter of milk or cream;
(w) “ultra high temperature milk” means milk that has been heated without
appreciable change in volume to a temperature of not less than 135o C for not
less than two seconds or such other temperature time relationship as may be
required to ensure a bacteriological shelf life of at least four weeks in the
package at a temperature of not less than 20o C;
(x) “unnatural inhibitor” means any antibiotic, medicine or chemical preparation
that can be detected in milk;
(y) “whole milk” means milk containing not less than 3.25% butterfat and less
than 5% butterfat.
2 Every application for a licence or for the renewal of a licence shall be on the form
supplied by the Commission, and shall contain the information asked for thereon, and be
accompanied by the prescribed fee (if any) which shall be returned in the event of the
licence or renewal of licence being refused.
3 Every licence shall be limited to the premises identified by such licence, and except as
otherwise stated herein, shall be valid for a period of three years, as stated on the licence.
4 Every licensee who purchases milk shall pay for all milk purchased by him on the basis
specified in the licence issued to him or in the Act or in the regulations made by the
Commission.
5 [repealed]
6 Every distributor on or before the 15th day of each month shall furnish the Commission
with
(a) a statement of all milk purchased and sold by him during the previous month,
and such statement shall show separately the amounts of milk purchased for
Class 1 Milk, Class 2 Milk, and for any other purposes, as required in the
monthly fluid milk and cream report, together with the prices paid therefor;
and
(b) a statement of all milk purchased and the utilization of such milk as required
in the plant balance report form.
7 (a) [repealed]
(b) The fee to be paid for a jobber licence shall be $5.00 and shall be paid in
advance to the Commission.
8 The percentage of butterfat content shall be determined by the “Official Babcock
Method” or by means of the Foss Electronic System of milk testing for butterfat.
9 (1) For the purpose of determining butterfat content,
(a) samples of milk or cream purchased for a producer shall be taken by the
distributor or processor from each weighing delivered to the plant, other than
by milk tank truck, and the distributor or processor shall make a composite
sample of the milk and cream received from each producer by putting each
sample of milk and cream received from the producer into one container on
which is clearly marked the name or number of the producer in a period of not
more than 16 days;
(b) a distributor or processor shall make a composite sample of the milk and
cream received from each producer by milk tank truck by putting each sample
of milk or cream delivered to him by the milk tank truck grader pursuant to
Section 13 of the regulations with respect to the transportation of milk made
by the Nova Scotia Dairy Commission under the provisions of the Dairy
Commission Act of milk or cream received from the producer in a period of
not more than 16 days into the one container on which is clearly marked the
name or number of the producer.
(2) The distributor or processor shall test or cause to be tested each composite sample
of milk or cream for butterfat content with[in] 5 days after the last sample has been
added to the composite sample.
(3) Where the butterfat content as determined by an inspector's check test varies from
the tests made by the distributor or processor by two-tenths of one percent or more
in the case of a milk test or by two percent or more in the case of a cream test, the
check tests so made by the inspector shall be deemed to be the correct test and
shall be used in computing the price of the milk or cream.
10 After testing, the remainder of all samples shall be kept for a period of ten days under like
conditions as if being kept for testing, or for such period as the Commission, in any case,
may require.
11 The inspector shall have access at all times to all milk in transit or in the possession of
any licensee and may take samples thereof without payment therefor.
12 As between a distributor and a producer, the price of milk shall be determined on a
volume and butterfat test basis.
13 A distributor purchasing milk from a producer on a volume and test basis, shall keep a
record of the producer's name, address and the daily volume of milk received from such
producer. When making returns to the producer, the distributor shall furnish the producer
with a statement, accompanying payment, showing the period for which the payment is
made, the total volume of the milk received during the period, either the butterfat at test
for each test period or the average of the two butterfat tests extended to the second place
after the decimal and unless otherwise authorized by the Commission, the volumes of
milk purchased for Class 1 milk and for any other purposes, the rate or rates paid per 100
litres for such milk, the total amount paid and particulars of any deductions, and where a
quota has been established, the statement shall show the amount of such quota.
14 Where a wholesale and a retail price is indicated in the regulations,
(a) the wholesale price shall be charged every storekeeper irrespective of the
quantity purchased;
(b) the wholesale price shall be charged for all milk or fluid milk supplied under
military, navy, air force and institutional contract;
(c) the wholesale price may be charged for milk, fluid milk or cream purchased
by an employee of a distributor, irrespective of the quantity purchased;
(d) provided this regulation [Section] shall not apply to purchases made by a
jobber from a distributor; and
(e) in all other cases, the retail price shall be charged.
15 Every licence shall comply with the relative provisions of the “Health Act”.
16 (1) These regulations shall apply to the whole of the Province.
(2) All persons other than
(a) producers who produce for sale to distributor[s] who are required to be
licensed;
(b) distributors and jobbers anywhere within the Province who sell or distribute
10 litres or more of milk or fluid milk daily; and
(c) producer processors, and persons carrying on, establishing or commencing the
operation of a dairy manufacturing plant,
are hereby designated as persons not required to be licensed under the Act.
17 (1) No distributor shall discontinue the purchase of milk from a producer without
leave of the Commission except
(a) where milk has been found by the distributor to be of unsanitary quality and
the producer has been notified of such finding and such finding has been
confirmed by the Nova Scotia Dairy Commission;
(b) where a producer has shipped at a rate of less than 110 litres per day for more
than two consecutive months.
(2) No producer shall discontinue the sale of milk to a distributor without leave of the
Commission.
18 No distributor shall make any charge to or debit the account of a producer for weighing,
testing, refrigerating or processing milk sold or being sold by the producer to the
distributor.
19 No distributor shall compel or induce producers to invest money either directly or
indirectly in a dairy manufacturing plant or other equipment in order that such producers
may obtain or retain a market for their milk, except as provided in Section 12(1)(d) of the
Dairy Commission Act.
20 No distributor shall compel or induce a producer to lend, give or pay monies in order to
obtain or retain a market for milk, except as provided in Section 12(1)(d) of the Dairy
Commission Act.
21 [repealed]
22 (1) No distributor, jobber or storekeeper shall sell milk or fluid milk or any grade or
grades thereof within the Province of Nova Scotia in containers or quantities other
than as follows:
(a) Containers
(i) waxed or plastic-coated paper containers with or without a threaded
pouring spout
(ii) plastic pouch
(iii) plastic dispenser bag
(iv) plastic containers
(v) plastic bottles
(vi) glass
(b) Container Sizes
(i) 20 L
(ii) 10 L
(iii) 5 L
(iv) 4 L
(v) 2 L
(vi) 1.5 L
(vii) 1 L
(viii) greater than 500 ml and smaller than 1 L
(ix) 500 ml or smaller.
(2) All milk or fluid milk containers offered for sale in Nova Scotia shall be labelled
with a registered brand name owned by or licensed to a distributor licensed by the
Commission and shall not display any storekeeper’s private label.
(3) A 60 day notice must be given to the Commission prior to the use of any new
package, or variation of an existing package, for fluid milk.
(4) Unless otherwise ordered by the Commission, upon expiration of the 60 day notice
period, any distributor may utilize a new package that complies with these
regulations.
23 No distributor, jobber or storekeeper shall sell milk or fluid milk of any grade or grades
thereof within the limits of any area of the Province designated by the Commission
(a) at a price other than the price prescribed by the Commission or at a price
higher than the maximum price or lower than the minimum price prescribed
by the Commission; or
(b) at prices other than prescribed by the Commission for milk or fluid milk when
sold in a quantity or container prescribed by the Commission or at prices
higher than the maximum or lower than the minimum prices prescribed by the
Commission for sales in quantities or containers prescribed by the
Commission.
24 The manufacture, sale and distribution of reconstituted fluid milk is prohibited except by
written approval of the Commission.
25 The manufacture, sale and distribution of ultra high temperature fluid milk is prohibited
except by written approval of the Commission.
The following regulations are not yet in force and are
not included in the current consolidation: