Bill 111 (Legislature 11, Session 4)

L11 S4 7022

Alberta — Bills

Bill No. 111 of 1951. A BILL TO AMEND THE DAIR,YMEN'S ACT, 1950. NOTE. This Bill amends The Dairymen's Act, 1950, being

chapter 18 of the Statutes of Alberta,

Section 2 is amended by adding a new dause defining the word "analyst" as a Dominion or a Provincial analyst. A new clause is also added defining the term' "dairy product".

Section 5 is amended to enable an lnspe,ctor to weigh-and take samples of any dairy product for the purpose of testing or grading. New sections 6a, 6b and 6c are added immediately after

section

Section 6a provides that any dairy product pack aged under a grade name must conform to the standards prescribed by regulation for that grade . .

Section 6b provides that no grade name is to be used unless the product is graded in accordance with the regula tions and no grade or other designation shall be used so Closely r.esembling a grade name established by regulations that it .might be mistaken therefor. "Section 6c provides that no person, other than the final purchaser or consumer, may obliterate any grade name unless authorized by an inspector. A new

section 11a is added immediately before

section 12 and prohibits the shipment to a manufacturing plant of any milk that has been diluted, adulterated or to. which chemical substances have been added, or of any milk from whi'ch strippings have been retained, or of any milk taken from any cow known to be diseased. The new

section 12a added immediately after

section 12 provides that no dairy product shall contain fat o.r oil, other than that of milk, except where the regulations pro vide that substances may be added which in their natural form contain fats or oils other than that of milk.

Section 37, subsection (1) is amended and provides that no discrimination in prices shall be made in the purchase of milk, cream or butterfat for the purpose of manufactur ing or processing as between patrons in the Province.

ii SectiDn 39 subsectiDn (1) is amended by substituting new clauses (a), (

b) and (

c) which prOovide fDr the estab lishment Df d.efinitiDns, standards and grades, and alsD for weighing, grading, sampling Df dairy prDducts and the issuance and cDnditiDns upDn which certificates may be issued pertaining tOo grades. PrDvisiDn is alsD made fDr weighing, grading and packaging Df dairy products. Six new sectiDns are added immediately after sectiDn 40.

SectiDn 40a prDvides that any d.airy inspectDr believing an Dffence tOo have been cDmmitted. may seize and CDnfiscate the prDduct itself Dr anything relating tOo the dairy product by which the Dffence has been cDmmitted and any inspectDr may Drder that such dairy prDduct be held until the regula tiDns have been cDmplied with. SectiDn 40b prDvides that the prDducer Df milk is prima facie liable fDr any viDlatiDn relating tOo that milk. SectiDn 40c prDvides that the manufacturer Df any dairy prDduct is prima facie liable for any viDlatiDn relating tOo that dairy prDduct.

SectiDn 40d prDvides that the certificate Df a grader shall be cDnclusive evidence Df the grade Df the dairy prDduct therein referred to and shall be received in evidence in any proceedings taken against any person for any CDn traventiDn of this Act or the regulatiDns.

Section 40e provides that the certificate Df a DominiDn or Provincial analyst as to the analysis Df any dairy product Dr its ingredients shall be cDnclusive evidence of the facts stated therein and shall be received in evidence in any proceedings taken against any perSDn for any COontravention of this Act Dr the regulations. The expenses of the analysis shall form part of the costs and the provisiDns relating to

summary convictions under the Criminal Code shall, so far as applicable, apply to any proceedings taken under this A'ct or the regulations.

Section 401 provides that where any perSDn is cDnvlcted for a cDntravention of the Act or the regulatiDns, in additiDn to the penalty impDsed, the dairy product in relation to which the Dffence arDse shall be forfeited tOo His Majesty and disposed of at the direction of the Minister. This Bill cOomes into fDrce Dn the 1st day Df July, 1951. KENNETH A. McKENZIE, Legislative Counsel. (This note does not form any part of the Bill but is offered in explanation of its provisions.)

BILL No. 111 of 1951.

An Act to amend The Dairymen's Act, 1950. (Assented to , 1951.) HIS MAJ,E.ST~, by and with the advice and consent of the LegIslatIve Assembly of the Province of Alberta, enacts as follows: 1. The Dairymen's Act, 1950, being

chapter 18 of the Statutes of Alberta, 1950, is hereby amended.

Section 2 is amended,- (

a) by re-Iettering clause (

a) as clause (aa); (

b) by inserting immediately before clause (00) the following new clause (a) ,-

Section 2 amended "(a) 'analyst' means a Dominion analyst appointed "analyst" under the Food and Drugs Act of Canada or a Provincial analyst"; (

c) by adding immediately after clause <

f) the follow- ing new clause: " (ff) 'dairy product' means milk, cream, butter, "dairy ,cheese, ice cream, condensed milk, evaporated produot" milk, milk powder, dry milk, malted milk, sherbet or any other

article manufactured wholly or mainly from milk;".

Section 5 is amended by striking out the words "milk

Section 5 or cream" and by substituting the words "dairy product". amended 4. The following new sections are added immediately New sections after

section 6: 6a, 6b and 60 "Ga. NO' person shall sell, offer, advertise or hold in pOS- Product to session for sale any dairy product under a grade name c~nf~rmdto established by the regulations unless the dairy product ~r~~c:t~e~ cDnfDrms to' the standards prescribed by the regulatiDns fDr ~~~J~at that grade, and it was graded, packed and marked in accordance with the regulations. "Sb.

No perSDn shall apply to any dairy product that" Use of grade was not graded in accordance with the regulations Dr to' name any package containing the same, and no person shall use in associatiDn with such dairy product, any grade or other designation so closely resembling a grade name established by the regulations that it is likely to be mistaken therefor.

Grade name not to be altered or effaced unless by consumer New

section lla Dilution, ad ul teration or addition of chemical substances prohibited New

section 12a No fat or oil other than that of milk allowed Exception

Section 37 amended

Section 39 amended 2 "Gc. Unless authorized in writing by an inspector or a grader no person, other than the final purchaser or con sumer ' shall alter, destroy, efface or obliterate any grade name' applied to any dairy product or any container thereof.". 5. The following new

section 11a is added immediately before

section 12: "lla. No person shall sell, supply or send to any dairy manufa,cturing plant or any premises where milk or ,cream is collected for sale or shipment to a manufacturing or processing plant,- "(

a) milk diluted with water, or in any way adulterated, or milk from w hkh any cream has been taken, or milk commonly known as skim milk, or any milk to which cream has been added, or any milk or cream to which foreign fat, colouring matter, preservative or other chemical substance of any kind has been added; "(

b) milk from which' any portion of that part of the milk known as strippings has been retained; " (

c) any milk taken or drawn from a cow that he knows to be diseased at the time the milk is so taken or drawn from her.". 6. The following new

section 12a is added immediately after

section 12: "12lL.

(1) No person shall manufacture, offer, sell or have in his possession for sale any dairy product if it contains any fat or oil other than that of milk. "

(2) Notwithstanding the provisions of subsection (1), permit the addition to a dairy product of any substances which, in their natural form, contain fats or oils other than that of milk, for any purpose pres,cribed by the regulations.".

Section 37, subsection (1) is amended by inserting immediately after the word "patron" wherever it occurs the words "within the Provin~e".

Section 39, subsection (1) is amended by striking out 7lauses (a), (

b) and (

c) and by substituting the followIng: "(a.) establishing

definitions, standards, grades and grade names for dairy products; " (

b) providing for,- "(

i) the weighing, grading and sampling of lots or shipments of dairy products and prescribing fees therefor; "(ii) the issue of certificates respecting weights and and grades of dairy products;

3 "(iii) the form of such certificates and conditions upon which they may be issued' "(

c) prescribing,- ' "(

i) the co~ditions upon which dairy products may be weIghed or graded; "(ii) the size, dimensions and other specifications fOor packages of dairy products weighed or graded; "(iii~ the manner in which dairy products or pack ages thereof may be. branded or marked.". 9. The. following new sections are added immediately New sections after

sectIOn 40: ~Oa to. 401 mcluslVe "40a. ( 1) Whenever an inspector believes on reasonable Powers of grounds, that an offence against this Act or the regulations inspec;tor 'h b 't d' behevmg as een commI te he may seIze or cOonfiscate all dairy an offence prOoducts and other things by means of Oor in relation to has bt;etnt d h· h h hI b I' commI e W IC e reasona y e Ieves the offence was committed . . "

(2) Any inspectOor may Oorder that all dairy products seIzed and cOonfiscated pursuant tOo subsectiOon (1) be held until, in the OoPinion of the inspectOor, all the provisiOons of the Act and the regulations with respect to the dairy prOoducts have been complied with. "40b. The person on whose behalf any milk is sold, sent, ~rO?1;lcer's supplied Oor taken to a dairy manufacturing plant shall be lIabIlIty prima facie liable for any violatiOon of the provisions Oof this Act relating to such milk. "40c.

The perSOon on whose behalf any dairy product is Manufac manufa'ctured, SOold, Ooffered, exposed or held in possession f~~i~~~ for sale, 'contrary tOo any prOovisiOon Oof this Act or the regu- y latiOons shall be prima facie liable fOor any violation Oof such provisiOons relating tOo the dairy ,product. "40,d.

The certificate Oof a grader Oof dairy products shall Certificate be prima facie evidence of the grade of any dairy product ~~:l~~deer therein referred tOo and cOonclusive evidence of the authority evidence Oof the perSOon giving the same withOout any proof Oof his appointment Oor signature, and shall be received as evidence in any prOoceedings taken against any person for any cOontraventiOon of this Act or the regulations subject to the right Oof such perSOon tOo require the attendance of the 'grader for the purpOose Oof crOoss-examination. "40e.

(1) The certificate Oor report signed Oor purporting Certificate t b . d b D .. p" I A Itt of analyst 00 e slgne y a om InIOn Oor rOoVlnCla na ys as 00 shall be the analysis Oor ingredients Oof any product Oor material sub- evidence mitted .by an inspector Oor grader to the analyst shall be conclusive evidence Oof the facts stated therein and of the authority of the person giving Or making the same without any proof of his appointment or signature. "

(2) The certificate so given shall be received as evidence in any proceedings taken against any person in pursuance of this A'ct or the regulations, subject to the right of such person tOo require the attendance of the analyst for the purpose of cross-examination.

Expense Procedure 4 "

(3) The expenses of the analysis shal'l be part of the costs. "

(4) In all matters not provid.ed for in this Act, the procedure under the provisions of the Criminal Code re lating to

summary convictions, so far as applicable, shall apply to all prosecutiDns brDuwht under this Act. !~~f~i~~r~ in "40/. Where a person is convicted of an offence under penalty on this Act or the regulations, the dairy products by means conviction of Dr in rel'ation to which the offence was committed, in Coming into force addition to any penalty imposed upon such :conviction, shall be forfeited to His Majesty and may be disposed of as the Minister may direct.". 10. This Act shall ,come into force on the first day of Ju1ly, 1951.

No. 111. FOURTH SESSION ELEVENTH LEGISLATURE 15 GEORGE VI 19'51 BILL

An Act to amend The Dairymen's Act, 1950. Received and read the First time ..... Second time Third time HON. MR. URE. Title: 1951 (11th, 4th) Bill 111,

An Act to amend The Dairymen's Act, 1950

Document details

Collection	Alberta — Bills
Citation	L11 S4 7022
Type	bill
Volume / chapter	L11 S4 7022
Language	en
Format	json
Source	PROVINCIAL
Identifier	c1f03583c596f9f0dc99a70ba83cd67758639731

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