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1997 Legislative Session: 2nd Session, 36th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE CORKY EVANS

MINISTER OF AGRICULTURE,

FISHERIES AND FOOD

BILL 12 – 1997

MILK INDUSTRY AMENDMENT ACT, 1997

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province

of British Columbia, enacts as follows:

Section 1 of the Milk Industry Act, R.S.B.C. 1996, c. 289, is amended

(

a) by repealing the

definitions of "board" , "imitation milk product" , "marketing" ,

"municipality" , "qualified producer" , "qualifying milk" and "raw milk" ,

(

b) by repealing the

definitions of "cattle" , "inspector" and "milk in fluid form" and

substituting the following:

"cattle" means cows, goats and sheep;

"inspector" means an inspector appointed under

section 7 to the extent the inspector

appointment under

section 7;

"milk in fluid form" means pasteurized or unpasteurized fresh milk, and includes

sterile milk or milk specially treated to achieve extended keeping quality or the

appearance of freshness that is sold, offered for sale or supplied for the same use

or in semblance of fresh milk, but does not include reconstituted milk; , and

(

c) by adding the following definition:

"inhibitor" means an antibacterial or other agent that does not occur naturally in

milk and inhibits or is intended to inhibit the growth of bacteria; .

Section 2 is amended by striking out "the Cooperative

Association Act , or any other Act," and substituting

"any other Act" .

3 Sections 3, 4 and 5 are repealed and the following substituted:

Licences for dairy farms

(1) A dairy farm licence may be issued to a person for a farm in accordance with a

prescribed licensing scheme if

(

a) the farm meets the prescribed standards for qualification for a dairy farm

licence and operation of a dairy farm, and

(

b) the person pays the prescribed fee for the dairy farm licence.

(2) It is a condition of a licence issued under subsection (1) that the licence holder

comply with the prescribed standards applicable to holders of the licence.

Prohibitions

4 If a dairy farm licence is required under a licensing scheme established under

section 40 (2) (a), a person must not operate a dairy farm unless the person holds a

subsisting dairy farm licence.

Section 7 is repealed and the following substituted:

Inspectors

(1) The minister may appoint persons, or persons within a class, to be inspectors.

(2) The minister, in an appointment under subsection (1), may

(

a) limit the powers and functions that an inspector may exercise under this Act

and the regulations, and

Section 8 is amended

(

a) in subsection (1) by striking out "Except in accordance with a subsisting permit issued

by the minister," ,

(

b) in subsection (1) (a) (ii) by striking out "in accordance with

section 5," and substituting "licenced under

section 3, if a dairy farm licence is required under a licensing

scheme established under

section 40 (2) (a)," ,

(

c) by repealing subsection (1) (b) (ii) and substituting the following:

(ii) standards for bacteria, inhibitors and other substances in the milk ,

and

(

d) by repealing subsection (2).

6 Sections 9 to 11 and 14 to 18 are repealed.

Section 19 (4) is repealed and the following substituted:

(4) A true copy of the records must be made available to an inspector or to the

minister or the minister's duly authorized representative as directed by an

inspector or by regulation.

Section 20 is repealed.

Section 22 is repealed and the following substituted:

Adulterated or contaminated products

22 A person must not sell, offer for sale or supply a dairy product that is adulterated or

contaminated.

Section 23 is repealed.

Section 24 is amended

(

a) by repealing subsections (1) and (3), and

(

b) in subsection (2) by striking out "or to which any drug or any fat other than milk fat

has been added" and in paragraph (

a) by striking out "as directed by the minister" .

Section 25 is repealed and the following substituted:

Testing

(1) The minister may designate laboratories to perform any tests that this Act or the

regulations require to be performed.

(2) If laboratories are designated under subsection (1) for a class of tests, all tests

within the class must be done at those laboratories.

13 Sections 26 to 29 are repealed.

Section 30 (2) is amended

(

a) in paragraph (

a) by striking out "removed to a public warehouse and" , and

(

b) in paragraph (

b) by striking out "by direction of the minister" and substituting "by

direction of an inspector" .

Section 31 is repealed.

Section 32 is amended by striking out "graded," .

Section 33 is amended

(

a) by repealing subsection (1), and

(

a) in subsection (2) by striking out "the composition of" and substituting "the results of

an analysis of" .

Section 37 (1) is repealed and the following substituted:

(1) A person who contravenes this Act or a regulation commits an offence.

Section 38 is repealed and the following substituted:

Injunction

38 If an inspector has reason to believe that there is or will be a contravention of one of

the inspector's orders, the inspector may apply to the Supreme Court for an injunction

restraining a person from contravening the order and, pending final disposition of the

action, the court may grant an interim injunction.

Section 39 is repealed.

Section 40 is amended

(

a) by repealing subsection (2) (

a) and substituting the following:

(

a) establishing a licensing scheme for dairy farms for the purposes of this Act

and, without limitation, including the body that may issue a licence, the

licence the manner by which standards for qualification for a licence and

operation of a dairy farm are established, the fees that this body may charge

for a licence, the bases on which a licence may be suspended or cancelled,

the procedures for conducting a suspension or cancellation proceeding and

other matters necessary to establish the scheme; ,

(

b) by repealing subsection (2) (

b) to (e),

(

c) in subsection (2) (

h) by striking out "barns, loafing barns, sheds, shelters, milk houses,

milking parlours, milking rooms, farm tanks and tank trucks, tank trailers and" ,

(

d) by repealing subsection (2) (

j) to (

n) and substituting the following:

(

n) establishing the types and levels of bacteria, inhibitors or other substances

that adulterate or contaminate a dairy product for the purposes of

section 22; ,

(

e) in subsection (2) (

o) by striking out "milk, reconstituted milk, and manufactured milk

products" and substituting "dairy products" and by striking out "grading and" ,

(

f) by repealing subsection (2) (p),

(

g) in subsection (2) (

r) by striking out "grading," ,

(

h) by repealing subsection (2) (s), (u), (

v) and (

w) and substituting the following:

(

u) providing for testing and sampling any or all lots, deliveries or shipments of

dairy products, and for the conditions under which they may be tested and

sampled;

(

v) providing for the manner and conditions of analysis of dairy products. , and

(

i) by repealing subsection (3) and substituting the following:

(3) A regulation under this

section may incorporate by reference, and with any

changes the Lieutenant Governor in Council considers appropriate, all or part of

a code, rule or standard published by a provincial, national or international

standards association as amended from time to time before or after the making of

the regulation and relating to the subject matter of this Act.

Section 41 is amended by striking out "certificates" wherever it appears and substituting

"licences" .

23 Sections 42 and 43 are repealed.

Consequential Amendments

Agricultural Produce Grading Act

Section 1 of the Agricultural Produce Grading Act, R.S.B.C. 1996, c. 11, is amended by

repealing the

definitions of "establishment" and "produce" and substituting the

following:

"establishment" means

(

a) an abattoir, slaughterhouse, packing house or other place where livestock is

slaughtered,

(

b) a place where produce is prepared for food,

(

c) a dairy farm or a dairy plant, or

(

d) a hatchery

and includes an establishment designated by the minister that is subject to the

Canada Agricultural Products Act ;

"produce" means livestock, fur bearing animals raised in captivity, milk, milk

products, poultry, eggs, fruit, vegetables, honey and anything derived from them

or designated by regulation.

Animal Disease Control Act

Section 3 (1) of the Animal Disease Control Act, R.S.B.C. 1996, c. 14, is repealed.

Commencement

26 This Act comes into force by regulation of the Lieutenant Governor in Council.

Explanatory Notes

[This Bill amends the Revised Statutes of British Columbia,

1996. The Revised Statutes of British Columbia, 1996 come into force on April

21, 1997]

SECTION 1: [Milk Industry Act, amends

section 1] repeals

definitions no longer needed in

the Act as being amended and amends and adds other

definitions to reflect the

use of these terms in the Act as being amended.

SECTION 2: [Milk Industry Act, amends

section 2] removes specific reference to the Cooperative Association Act .

SECTION 3: [Milk Industry Act, re-enacts sections 3 and 4 and repeals

section 5] enacts

new licensing requirements for dairy farms to make a prescribed licensing

scheme established as provided for under

section 21 of the Bill effective.

SECTION 3: [Milk Industry Act, re-enacts sections 3 and 4 and repeals

section 5 --

continued]

SECTION 4: [Milk Industry Act, re-enacts

section 7] provides for the appointment of

that an inspector can be given for purposes of the Act and regulations.

SECTION 5: [Milk Industry Act, amends

section 8] removes the current requirement for a

minister's permit to sell fluid pasteurized milk and otherwise removes requirements that overlap with the powers under other legislation to promote the

production of safe milk.

SECTION 6: [Milk Industry Act, repeals sections 9 to 11 and 14 to 18] removes requirements that overlap with the powers under other legislation to promote the

production of safe milk.

SECTION 7: [Milk Industry Act, repeals and replaces

section 19 (4)] substitutes the inspectors in a role hitherto performed by the British Columbia Milk Marketing

Board.

SECTION 8: [Milk Industry Act, repeals

section 20] repeals a redundant

section of the Act.

SECTION 9: [Milk Industry Act, re-enacts

section 22] simplifies the language of

section 22

of the Act.

SECTION 10: [Milk Industry Act, repeals

section 23] removes a provision that does not

address milk safety as such. The continuing need for the consumer awareness

and product labeling aspect of

section 23 of the Act can be addressed under

other legislation.

SECTION 11: [Milk Industry Act, amends

section 24] is a consequential amendment to

section 9 of this Bill.

SECTION 12: [Milk Industry Act, re-enacts

section 25] restates the current

section 25 of the

Act more simply.

SECTION 13: [Milk Industry Act, repeals sections 26 to 29] removes provisions that do not

address milk safety as such or that overlap with the powers under other legislation to promote the production of safe milk or milk products.

SECTION 14: [Milk Industry Act, amends

section 30 (2)] allow inspectors, in appropriate

circumstances, to more efficiently handle and dispose of goods seized under

section 30 (1) of the Act.

SECTION 15: [Milk Industry Act, repeals

section 31] removes a provision that does not

address milk safety as such. The continuing need for the consumer protection

and awareness and product labeling aspect of

section 31 of the Act can be

addressed under other legislation.

SECTION 16: [Milk Industry Act, amends

section 32] removes a reference to "graded" in

section 32 of the Act.

SECTION 17: [Milk Industry Act, amends

section 33] removes references that do not address

milk safety as such.

SECTION 18: [Milk Industry Act, repeals and replaces

section 37 (1)] removes a reference

to "board".

SECTION 19: [Milk Industry Act, re-enacts

section 38] substitutes the inspectors in a role

hitherto performed by the British Columbia Milk Marketing Board.

SECTION 20: [Milk Industry Act, repeals

section 39] removes a provision that does not

address milk safety as such and which can be addressed by the British

Columbia Milk Marketing Board under other legislation.

SECTION 21: [Milk Industry Act, amends

section 40] revises the regulation making capacity

under the Act to allow for the creation of new dairy farm licensing schemes and

to remove or recast regulation making provisions to correspond to other

amendments being made by this Bill.

SECTION 22: [Milk Industry Act, amends

section 41] changes references to "certificates" in

consequence to other amendments made to the Act by the Bill.

SECTION 23: [Milk Industry Act, repeals sections 42 and 43] repeals

section 42 of the Act

which is redundant in light of the new

section 40 (3) of the Act to be enacted

section 21 of this Bill and repeals

section 43 of the Act which is no longer

relevant given the new focus of the Act and the current state of the law in this

field as interpreted by the courts.

Agricultural Produce Grading Act

SECTION 24: [Agricultural Produce Grading Act, amends

section 1] revises 2

definitions

used in the Act to properly reflect amendments to the Milk Industry Act made

by this Bill.

Animal Disease Control Act

SECTION 25: [Animal Disease Control Act, repeals

section 3 (1)] deletes a cross reference

to inspectors under the Milk Industry Act that is no longer required given the

amendments to the Milk Industry Act that are made by this Bill.

Copyright © 1997: Queen's Printer, Victoria, British Columbia, Canada