these regulations (N.S. Reg. 198/1989) (just regulations regs disch1.htm)

N.S. Reg. 198/1989

Nova Scotia — Regulations

This consolidation is unofficial and is for reference only.

For the official version of the regulations, consult the original documents on file with the Office of the Registrar of Regulations , or refer to the Royal Gazette

Part II .

Regulations are amended frequently.

Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with our office that are not yet included in this consolidation.

Although every effort has been made to ensure the accuracy of this electronic version, the Office of the Registrar of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting.

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;

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 135 o 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 20 o 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.

(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”.

(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.

(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]

(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.

Legislative History

Reference Tables

Schedule 1 – General Regulations

N.S. Reg.

198/1989

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

Schedule 1 – General 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

198/1989

Aug 11, 1989

date made

Nov 3, 1989

215/1989

Oct 1, 1989

date specified

Nov 17, 1989

279/1990

Jul 29, 1990

date specified

Nov 16, 1990

238/1991

Jul 28, 1991

date specified

Dec 13, 1991

181/1992

Aug 30, 1992

date specified

Sep 18, 1992

213/1992

Nov 1, 1992

date specified

Oct 30, 1992

155/1993

Oct 22, 1993

date specified

Nov 12, 1993

11/1994

Nov 28, 1993

date specified

Feb 4, 1994

116/1994

Jul 31, 1994

date specified

Aug 19, 1994

196/1994

Oct 30, 1994

date specified

Nov 10, 1994

134/1995

Aug 27, 1995

date specified

Sep 1, 1995

162/1995

Oct 29, 1995

date specified

Nov 24, 1995

73/1996

Apr 15, 1996

date specified

May 10, 1996

87/1996

Apr 28, 1996

date specified

May 24, 1996

137/1996

Aug 5, 1996

date specified

Aug 30, 1996

88/1997

Aug 1, 1997

date specified

Aug 15, 1997

115/1997

Aug 25, 1997

date specified

Sep 12, 1997

160/1997

Nov 24, 1997

date specified

Dec 19, 1997

2/1998

Dec 17, 1997

date specified

Jan 30, 1998

7/1998

Dec 1, 1997 – Mar 31, 1998

date specified

Feb 13, 1998

38/1998

May 13, 1998

date specified

Jun 19, 1998

7/1999

Feb 5, 1999

date made

Mar 12, 1999

62/1999

Jun 1, 1999

date specified

Jun 18, 1999

197/2000

Dec 1, 2000

date specified

Dec 29, 2000

94/2003

Apr 8, 2003

date specified

May 2, 2003

18/2004

Feb 10, 2004

date specified

Mar 19, 2004

347/2009

Dec 17, 2009

date specified

Jan 15, 2010

188/2011

May 20, 2011

date specified

Jun 23, 2011

57/2014

Apr 11, 2014

date specified

May 2, 2014

85/2014

Jun 11, 2014

date specified

Jun 27, 2014

127/2014

Aug 12, 2014

date specified

Sep 5, 2014

177/2014

Dec 1, 2014

date specified

Dec 12, 2014

310/2015

Sep 1, 2015

date specified

Sep 4, 2015

172/2018

Oct 1, 2018

date specified

Oct 12, 2018

92/2024

Jun 1, 2024

date specified

May 31, 2024

190/2024

Sep 6, 2024

date specified

Sep 20, 2024

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

1 .......................................................

rs . 155/1993,

116/1994

1(e) ..............................................

rs . 38/1998;

am. 127/2014

1(e)(i) ..........................................

am.

127/2014

1(h) ..............................................

am.

188/2011

1(i) ...............................................

ra. as 1(j) 62/1999

1(i) ...............................................

ad. 62/1999

1(i)(iii) .........................................

rs . 181/1992

1(j) ...............................................

ra. as 1(k) 62/1999

1(j) ...............................................

ra. from 1(i) 62/1999

1(k) ..............................................

ra. as 1(l) 62/1999

1(k) ..............................................

ra. from 1(j) 62/1999

1(l) ...............................................

ra. as 1(m) 62/1999

1(l) ...............................................

ra. from 1(k) 62/1999

1(m) .............................................

ra. as 1(n) 62/1999

1(m) .............................................

ra. from 1(l) 62/1999

1(n) ..............................................

ra. as 1(o) 62/1999

1(n) ..............................................

ra. from 1(m) 62/1999

1(n)(i) ..........................................

ra. as 1(n)(ii) 62/1999

1(n)(i) ..........................................

ad. 62/1999

1(n)(ii) .........................................

ra. as 1(n)(iii) 62/1999

1(n)(ii) .........................................

ra. from 1(n)(i) 62/1999

1(n)(iii) ........................................

ra. as 1(n)(iv) 62/1999

1(n)(iii) ........................................

ra. from 1(n)(ii) 62/1999

1(n)(iv) ........................................

ra. from 1(n)(iii) 62/1999

1(n) ..............................................

ra. as 1(o) 62/1999

1(o) ..............................................

ra. as 1(p) 62/1999

1(o) ..............................................

ra. from 1(n) 62/1999

1(p) ..............................................

ra. as 1(q) 62/1999

1(p) ..............................................

ra. from 1(o) 62/1999

1(q) ..............................................

ra. as 1(r) 62/1999

1(q) ..............................................

ra. from 1(p) 62/1999

1(r) ..............................................

ra. as 1(s) 62/1999

1(r) ..............................................

ra. from 1(q) 62/1999

1(s) ..............................................

rs .

115/1997 ; ra. as 1(t) 62/1999

1(s) ..............................................

ra. from 1(r) 62/1999

1(t) ...............................................

ra. as 1(u) 62/1999

1(t) ...............................................

ra. from 1(s) 62/1999

1(u) ..............................................

ra. as 1(v) 62/1999

1(u) ..............................................

ra. from 1(t) 62/1999

1(v) ..............................................

ra. as 1(w) 62/1999

1(v) ..............................................

ra. from 1(u) 62/1999

1(w) .............................................

ra. as 1(x) 62/1999

1(w) .............................................

ra. from 1(v) 62/1999

1(x) ..............................................

ra. as 1(y) 62/1999

1(x) ..............................................

ra. from 1(w) 62/1999

1(y) ..............................................

ra. from 1(x) 62/1999 ; am. 127/2014

3 ........................................................

rs . 7/1999

5 ........................................................

rs .

11/1994, 116/1994, 137/1996

5(1) ...................................................

rs .

87/1996, 137/1996, 7/1 998; rep. 63/2001 1

5(2) ...................................................

rs . 215/1989,

279/1990, 238/1991, 181/1992, 213/1992, 134/1995, 162/1995, 73/1996, 137/1996; rep. 88/1997

5(3) ...................................................

rs . 215/1989,

279/1990, 238/1991, 181/1992, 213/1992, 196/1994, 137/1996; rep. 88/1997

5(4) ...................................................

rs . 181/1992,

137/1996; rep. 88/1997

5(5) ...................................................

rs . 137/1996; rep. 88/1997

7 .......................................................

rs . 11/1994,

87/1996

7(a) ..............................................

rs . 116/1994,

7/1998; rep. 63/2001 1

9 .......................................................

rs .

116/1994

14(b)-(c) ...........................................

am.

188/2011

16 ......................................................

rs .

116/1994

16(2)(b) .......................................

am.

188/2011

19-20 ................................................

rs .

116/1994

21 ......................................................

rep. 23/2003 3

22 ......................................................

rs .

197/2000

22(a) ............................................

rs . 155/1993,

160/1997, 2/1998

22(1) ............................................

am.

188/2011

22(1)(a)(vi) .................................

ad. 347/2009

22(1)(b) .......................................

rs .

94/20 03

22(1)(b)(vi) .................................

ra . as (vii) 172/2018

22(1)(b)(vi) .................................

ad. 172/2018

22(1)(b)(vii) ................................

rs . 310/2015; ra. as (viii) 172/2018

22(1)(b)(vii) ................................

ra . from (vi) 172/2018

22(1)(b)(viii) ...............................

ra. as 22(1)(b)(x) 85/2014

22(1)(b)(viii) ...............................

ad. 85/2014 ; rep. 310/2015

22(1)(b)(viii) ...............................

ra. from (vii) 172/2018 ; rs . 190/2024

22(1)(b)(ix) .................................

ra. as 22(1)(b)(x) 57/2014

22(1)(b)(ix) .................................

ad. 57/2014

22(1)(b)(ix) .................................

ra. as 22(1)(b)(xi) 85/2014

22(1)(b)(ix) .................................

ad. 85/2014 ; rep. 310/2015

22(1)(b)(ix) .................................

ad. 190/2024

22(1)(b)(x) ..................................

ra. as 22(1)(b)(xi) 57/2014

22(1)(b)(x) ..................................

ra. from 22(1)(b)(ix) 57/2014

22(1)(b)(x) ..................................

ra. as 22(1)(b)(xii) 85/2014

22(1)(b)(x) ..................................

ra. from 22(1)(b)(viii) 85/2014 ; rep. 310/2015

22(1)(b)(xi) .................................

am.

18/2004; ra. as 22(1)(b)(xii) 57/2014

22(1)(b)(xi) .................................

ra. from 22(1)(b)(x) 57/2014

22(1)(b)(xi) .................................

ra. as 22(1)(b)(xiii) 85/2014

22(1)(b)(xi) .................................

ra. from 22(1)(b)(ix) 85/2014 ; rep. 310/2015

22(1)(b)(xii) ................................

ra. as 22(1)(b)(xiii) 57/2014

22(1)(b)(xii) ................................

ra. from 22(1)(b)(xi) 57/2014

22(1)(b)(xii) ................................

ra. as 22(1)(b)(xiv) 85/2014

22(1)(b)(xii) ................................

ra. from 22(1)(b)(x) 85/2014 ; rep. 310/2015