Milk Producer Licensing Regulations
made under clauses 9(f) to (i) and 15(1)(a) of the
Dairy Industry Act
S.N.S. 2000, c. 24
N.S. Reg. 125/2017 (effective September 1, 2017)
amended to N.S. Reg. 96/2023 (effective July 1, 2023)
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
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Citation
Application
Definition
Board is licensing authority
Eligibility for producer licence
Applying for producer licence
Locations identified in producer licence
Producer may sell only to Board
Producer selling certified organic milk
Milk quality standards and proAction program requirements
Notifying producers of penalties
Conditions of shut-off
Penalty for violating bacteria, somatic cells or freezing point standard
Penalties and other consequences for inhibitor
Application of penalty when producer operates with multiple farms
Lifting 1st shut-off for violating milk quality standards
Lifting 2nd shut-off for violating milk quality standards
Lifting 3rd shut-off or cancelling licence for violating milk quality standards
Penalties for non-compliance with proAction program
Penalties for non-compliance with facilities and production standards
Board review of shut-off
Board may suspend or cancel licence
Procedure for hearing
Citation
1 These regulations may be cited as the Milk Producer Licensing Regulations.
Application
2 These regulations apply only to producers of cow’s milk.
Definition
3 In these regulations,
“Act” means the Dairy Industry Act;
“cow” means the mature female of domestic cattle, genus Bos;
“director” means a member of the Board of Directors of the Board;
“facilities and production standards” means all of the requirements of the Raw Milk
Production and Transportation Regulations except milk quality standards;
“milk quality standards” means the chemical and microbiological quality standards
for raw milk under Section 101 of the Raw Milk Production and Transportation
Regulations for bacteria, somatic cells, inhibitors, and freezing point;
“proAction program” means all of the following modules of the Dairy Farmers of
Canada proAction program:
(i) Food Safety Workbook and Reference Manual, as amended from time to
time;
(ii) Livestock Traceability Workbook and Reference Manual, as amended
from time to time;
(iii) Animal Care Workbook and Reference Manual, as amended from time
to time;
(iv) Biosecurity Workbook and Reference Manual, as amended from time to
time;
(v) Environment Workbook and Reference Manual, as amended from time
to time;
“Raw Milk Production and Transportation Regulations” means the Raw Milk
Production and Transportation Regulations made under the Act;
“shut-off” means a penalty described in Section 12 and imposed by the Board on a
producer under Section 13, 14 or 19.
Board is licensing authority
4 The Board is the licensing authority referred to in Section 7 of the Act for the issuance of a
producer licence.
Eligibility for producer licence
5 For a producer to obtain a producer licence, the operations of the producer’s dairy farm
must meet the requirements of all applicable regulations under the Act, including the Raw
Milk Production and Transportation Regulations, and must comply with Board policies.
Applying for producer licence
6 An application for a producer licence must be made to the Board on a form provided by
the Board, and must include all of the following information:
(a) application date;
(b) dairy farm name and producer name;
(c) mail and civic addresses for each of the producer’s dairy farm locations;
(d) phone and fax numbers;
(e) e-mail address.
Locations identified in producer licence
7 Each of a producer’s dairy farm locations must be identified in the producer’s producer
licence.
Producer may sell only to Board
8 A producer may sell milk only to the Board, and must not sell or offer to sell milk to any
other person.
Producer selling certified organic milk
9 (1) In this Section, “certified organic milk” means milk that is produced by a producer
who is certified as meeting organic production standards by an organic certification
body recognized by the Board and the Council.
(2) A producer who wishes to sell certified organic milk must
(a) provide a copy of their certification on request by the Board; and
(b) in accordance with the DFNS Organic Milk Policy, sign an Acknowledgment
and Undertaking Agreement with the Board.
Milk quality standards and proAction program requirements
10 (1) Each producer is subject to the milk quality standards and proAction program
requirements.
(2) Each producer must provide proof of their validation under the proAction program to
the Board.
Notifying producers of penalties
11 If a producer becomes subject to a penalty under these regulations, the Board must
promptly notify the producer of the penalty and of the consequences of further violations.
Conditions of shut-off
12 The milk of a producer who is subject to a shut-off must not be marketed for a period of
time or until certain conditions are met, or both, as set out in these regulations.
Penalty for violating bacteria, somatic cells or freezing point standard
13 (1) Despite the minimum testing frequency standards in Schedule B of [to] the Raw Milk
Production and Transportation Regulations, a producer is subject to a penalty as set
out in subsection (2) as follows:
(a) for a bacteria penalty,
(i) a bacteria test result higher than the bacteria standard in Section 101 of
the Raw Milk Production and Transportation Regulations has been
found in the current month and in at least 40% of the tests of the
producer’s milk within a 3-month period that includes the current month,
and
(ii) where at least 3 bacteria test results are available within the continuous
3-month period, at least two of which must be for the current month, and
where only 3 test results are available, all 3 bacteria test results must be
higher than the bacteria standard in Section 101 of the Raw Milk
Production and Transportation Regulations in order to result in a
penalty;
(b) for a somatic cells penalty,
(i) a somatic cells test result higher than the somatic cells standard in
Section 101 of the Raw Milk Production and Transportation Regulations
has been found in the current month and in at least 40% of the tests of
the producer’s milk within a 3-month period that includes the current
month, and
(ii) where at least 17 somatic cells test results are available within the
continuous 3-month period, at least four of which must be for the current
month;
(c) for a freezing point penalty,
(i) a freezing point test result higher than the freezing point standard in
Section 101 of the Raw Milk Production and Transportation Regulations
has been found in the current month and in at least 40% of the tests of
the producer’s milk within a 3-month period that includes the current
month, and
(ii) where at least 3 freezing point test results are available within the
continuous 3-month period, at least two of which must be for the current
month, and where only 3 test results are available, all 3 freezing point
test results must be higher than the freezing point standard in Section 101
of the Raw Milk Production and Transportation Regulations.
(2) The penalty incurred by a producer under subsection (1) is as set out in the following
table:
Penalty for Violating Bacteria, Somatic Cells or Freezing Point Standard
|
Penalty Instance
|
Penalty
|
1st penalty incurred within 12-month period
|
$3.00/hl*
|
2nd penalty incurred within 12-month period for
violation of same standard
|
$4.00/hl*
|
3rd penalty incurred within 12-month period for
violation of same standard
|
$5.00/hl*
|
4th or subsequent penalty incurred within 12-month period for violation of same standard
|
$5.00/hl* plus shut-off
|
(*A monetary penalty applies per hectolitre of all of the producer’s milk sold in
the month the producer incurred the penalty.)
|
Penalties and other consequences for inhibitor
14 (1) A producer whose milk is found to contain an inhibitor is not entitled to be paid for
any milk that is rejected under Section 86 of the Raw Milk Production and
Transportation Regulations.
(2) A producer whose milk is found to contain an inhibitor is liable to the Board for all
of the following:
(a) all expenses incurred by the Board in disposing of milk that is rejected under
subsection 86(6) of the Raw Milk Production and Transportation Regulations
and conducting additional testing of the producer’s milk under Section 105 of
the Raw Milk Production and Transportation Regulations;
(b) an amount calculated in accordance with the formula (TV - PV) × 4(d) price,
in which
(i) TV is the total volume of milk disposed of,
(ii) PV is the volume of milk disposed of from the producer whose milk
contained the inhibitor,
(iii) 4(d) price is the component price for the 4(d) class of milk under the
Milk Pricing Regulations made under the Act.
(3) Except as provided in subsection (4) with respect to a 2nd, 3rd or subsequent
violation within the same month, a producer whose milk is found to contain an
inhibitor is subject to a penalty as set out in the following table:
Penalty for Milk Containing Inhibitor
|
Penalty Instance
|
Penalty
|
1st penalty incurred within 12-month period
|
$6.00/hl*
|
2nd penalty incurred within 12-month period
|
$9.00/hl* plus shut-off
|
3rd or subsequent penalty incurred within 12-month period
|
$12.00/hl* plus shut-off
|
(*A monetary penalty applies per hectolitre of all of the producer’s milk sold in
the month the producer incurred the penalty.)
|
(4) A producer whose milk is found to contain an inhibitor twice or more in the same
month is subject only to the penalty for the most recent instance.
Application of penalty when producer operates with multiple farms
15 If a producer operates with 2 or more dairy farms, a penalty under Section 13 or 14 applies
only to the milk from each of the producer’s farms on which the milk quality standards are
not met.
Lifting 1st shut-off for violating milk quality standards
16 A producer who incurs a 1st shut-off in a 12-month period for violating milk quality
standards remains subject to the shut-off until both of the following have occurred:
(a) the shut-off has been in place for at least 6 days;
(b) the producer’s milk meets all of the milk quality standards.
Lifting 2nd shut-off for violating milk quality standards
17 A producer who incurs a 2nd shut-off in a 12-month period for violating the same milk
quality standard remains subject to the shut-off until all of the following have occurred:
(a) the shut-off has been in place for at least 12 days;
(b) the producer’s milk meets all of the milk quality standards;
(c) if both shut-offs were incurred under Section 13 for violating one of the
standards referred to in that Section, the producer’s farm has undergone a new
inspection and meets the requirements of the Raw Milk Production and
Transportation Regulations;
(d) if both shut-offs were incurred under Section 14 for violating the inhibitor
standard, the producer’s farm has undergone a new validation and the producer
has provided the Board with proof that the farm meets the requirements of the
proAction program.
Lifting 3rd shut-off or cancelling licence for violating milk quality standards
18 (1) If a producer incurs a 3rd shut-off in a 12-month period for violating the same milk
quality standard, the Board may cancel the producer’s producer licence or impose by
order any conditions that the producer must meet before the shut-off is lifted, but the
Board must hold a hearing in accordance with Section 22 before cancelling or
imposing conditions on the licence.
(2) A producer who incurs a third shut-off in a 12-month period for violating the same
milk quality standard is not entitled to a review of the shut-off under Section 20.
(3) A producer who incurs a third shut-off in a 12-month period for violating the same
milk quality standard remains subject to the shut-off for at least 24 days, unless the
Board cancels the producer’s producer licence sooner.
Penalties for non-compliance with proAction program
19 (1) A producer is subject to a penalty as set out in subsection (2) for failing to comply
with the proAction program.
(2) The penalty incurred by a producer under subsection (1) is as set out in the following
table:
Penalty for Non-Compliance with proAction Program
|
Consecutive Days of Non-Compliance
|
Penalty
|
30
|
$3.00/hl*
|
60
|
$4.00/hl*
|
90
|
$5.00/hl*
|
105
|
shut-off
|
(*A monetary penalty applies per hectolitre of all of the producer’s milk sold in
the month in which the specified period of non-compliance expires.)
|
(3) A shut-off under this Section results in the withdrawal of the producer’s registration
under the proAction program.
(4) After a shut-off under this Section, the producer may apply to the Board, on a form
provided by the Board, for a transitional registration under the proAction program.
(5) The Board may approve a transitional registration under this Section in accordance
with a policy regarding transitional proAction registration as established and
amended from time to time by the Board.
(6) A producer who incurs a shut-off under this Section remains subject to the shut-off
until both of the following have occurred:
(a) the shut-off has been in place for at least 6 days;
(b) the producer has been granted a transitional registration under the proAction
program.
(7) After a producer has been subject to a shut-off under this Section for 60 consecutive
days, the Board may cancel the producer’s producer licence or impose by order any
conditions that the producer must meet before the shut-off is lifted, but the Board
must hold a hearing under Section 22 before cancelling or imposing conditions on
the licence.
(8) Sections 16, 17 and 18, respecting shut-offs incurred for violating the milk quality
standards, do not apply to a shut-off under this Section.
(9) A producer who is subject to a shut-off under this Section is not entitled to a review
under Section 20.
Penalties for non-compliance with facilities and production standards
19A(1) A producer is subject to a penalty as set out in subsection (2) for failing to comply
with the facilities and production standards within the time directed by an inspector.
(2) The penalty incurred by a producer under subsection (1) is as set out in the following
table:
Penalty for Non-Compliance with Facilities and Production Standards
|
Consecutive Days of Non-Compliance
|
Penalty
|
30
|
$3.00/hl*
|
60
|
$4.00/hl*
|
90
|
$5.00/hl*
|
105
|
shut-off
|
(*A monetary penalty applies per hectolitre of all of the producer’s milk sold in
the month in which the specified period of non-compliance expires.)
|
(3) A shut-off under this Section must remain in place until the inspector notifies the
Board that the producer’s farm meets the facilities and production standards.
(4) After a producer has been subject to a shut-off under this Section for 60 consecutive
days, the Board may cancel the producer’s licence or impose by order any conditions
that the producer must meet before the shut-off is lifted, but the Board must hold a
hearing under Section 22 before cancelling or imposing conditions on the license.
(5) Sections 16, 17 and 18 respecting shut-offs incurred for violating the milk quality
standards do not apply to a shut-off under this Section.
(6) A producer who is subject to a shut-off under this Section is not entitled to a review
under Section 20.
Board review of shut-off
20 (1) A producer may request the Board to review a shut-off in accordance with this
Section.
(2) A request for a shut-off review must be made in writing to the General Manager of
the Board no later than 5 days after the producer receives notice of the shut-off, and
must state the grounds for the request.
(3) After receiving a request for a shut-off review from a producer under subsection (2),
the General Manager must schedule the review as soon as practicable and notify the
producer in writing of the date, time and location for the review.
(4) A shut-off review may be held in person or by telephone or video conference.
(5) The Board must uphold a shut-off on review unless the producer satisfies the Board
that there are exceptional circumstances that justify a decision to vary or rescind the
shut-off.
(6) A producer subject to a shut-off is not entitled to compensation if the shut-off is
rescinded or varied on review.
(7) The Board may appoint a committee of directors to review a shut-off.
(8) A committee appointed under subsection (7) must consist of at least 3 directors.
Board may suspend or cancel licence
21 (1) In addition to any other reason set out in these regulations, the Board may suspend or
cancel a producer’s producer licence in whole or in part for any of the following
reasons:
(a) the producer fails to comply with any provision of a federal or Provincial Act
or regulation related to milk production;
(b) the producer fails to comply with an order made or policy established by the
Council or the Board.
(2) The Board must hold a hearing in accordance with Section 22 before suspending or
cancelling a producer licence under this Section.
Procedure for hearing
22 (1) A hearing to be held by the Board as required by subsection 18(1), 19(4) or 21(2)
before cancelling or imposing conditions on a producer licence must proceed in
accordance with this Section.
(2) The Board must notify both of the following in writing of the date, time, location and
reason for the hearing:
(a) the affected producer;
(b) a representative of the processor used by the affected producer.
(3) A hearing may be held in person or by telephone or video conference.
(4) A processor representative may attend a hearing and, in accordance with procedures
established by the Board, may make representations at the hearing.
(5) The Board must not cancel a producer’s producer licence under Section 18 after a
3rd shut-off in a 12-month period for violation of the milk quality standards if, after
the hearing for the producer, the Board determines that
(a) there are exceptional circumstances that justify a decision not to cancel the
licence; and
(b) the producer has taken appropriate steps to ensure their milk meets all milk
quality standards.
23 [repealed]
24 [repealed]
The following regulations are not yet in force and are
not included in the current consolidation: