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1997 Legislative Session: 2nd Session, 36th Parliament

THIRD READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

Certified correct as passed Third Reading on the 8th day of May, 1997

Ian D. Izard, Law Clerk

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3 Sections 3, 4 and 5 are repealed and the following substituted: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

(

b) 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

be included in a 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

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.

Copyright

© 1997: Queen's Printer, Victoria, British Columbia, Canad