Copyright © Queen's Printer,

Victoria, British Columbia, Canada

Licence

Disclaimer

Volume 56, No. 24

259/2013

The British Columbia Gazette,

Part II

December 17, 2013

B.C. Reg. 259/2013 , deposited December 12, 2013, pursuant to the MILK INDUSTRY ACT [section 40]. Order in Council 588/2013, approved and ordered December 11, 2013.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that the Milk Industry Standards Regulation, B.C. Reg. 464/81, is amended as set out in the attached Schedule.

— P. PIMM, Minister of Agriculture ; S. ANTON, Presiding Member of the Executive Council .

Schedule

Section 10 of the Milk Industry Standards Regulation, B.C. Reg. 464/81, is amended

(

a) in subsections (1), (3) to (5), (7) and (8) by striking out “ shall ” wherever it appears and substituting “ must ”, and

(

b) by repealing subsection (2) and substituting the following:

(2) A dairy farmer must ensure that a person who is milking a dairy animal does the following in respect of the first stream of milk from each teat:

(

a) examine the milk to determine if it is abnormal in odour or contains excessive sediment, objectionable matter or physical defects of any kind not consistent with good quality milk;

(

b) discards the milk in a manner that prevents contamination of the area where the dairy animal is being milked and the area immediately adjacent to where the dairy animal is being milked.

(2.1) A dairy farmer must ensure that abnormal milk does not enter the farm holding tank.

Section 12.1 is amended

(

a) by striking out “ and ” at the end of paragraph (b),

(

b) by adding the following paragraph:

(b.1) sanitized and drained immediately before use and, within one hour after use, rinsed, washed, rinsed again and drained,

(

c) by striking out “ . ” at the end of paragraph (

c) and adding “ , and ” and

(

d) by adding the following paragraph:

(

d) used only for their intended purpose.

Section 16.1 is amended

(

a) in subsection (1)

(

i) by repealing paragraph (d),

(ii) by striking out “ and ” at the end of paragraph (e),

(iii) by striking out “ . ” at the end of paragraph (

f) and adding “ , ” and

(iv) by adding the following paragraphs:

(

g) minimizes the entry, nesting and breeding of pests, and

(

h) permits the effective cleaning of all interior surfaces of the dairy barn and milking parlour. , and

(

b) in subsection (2)

(

i) by striking out “ and ” at the end of paragraph (c),

(ii) by striking out “ . ” at the end of paragraph (

d) and adding “ , and ” and

(iii) by adding the following paragraph:

(

e) permits the effective cleaning of all interior surfaces of the milk house.

Section 16.2 (1) (

a) is amended by adding “ and permits the effective cleaning of the interior of the milking parlour ” after “ equipment in the milking parlour ”.

Section 16.5 is amended by adding the following subsection:

(4) If the following are located in a milk house, the dairy farmer must ensure that they are installed and operated in a manner that prevents contamination of raw milk in the milk house:

(

a) a refrigeration compressor;

(

b) a water heater;

(

c) a water pump;

(

d) a vacuum pump.

Section 55.2 (1) is amended

(

a) in paragraph (a) (

i) by adding “ of commencing milking ” after “ within one hour ”,

(

b) in paragraph (a) (ii) by adding “ within 2 hours of completing milking ” after “ below 4 ° C ”, and

(

c) in paragraph (b) (ii) by striking out “ after the raw milk is combined ” and substituting “ of completing milking ”.

Section 55.4 (2) is amended

(

a) by repealing paragraph (

b) and substituting the following:

(

b) a record about each storage container of raw milk is kept for a period of time set by an inspector, that sets out the milking date, the date the raw milk was put into frozen storage and the producer number indicated on the producer’s certificate of approval, ,

(

b) by striking out “ and ” at the end of paragraph (e),

(

c) by striking out “ . ” at the end of paragraph (

f) and adding “ , and ” and

(

d) by adding the following paragraph:

(

g) the temperature reading of the temperature measuring device is checked and recorded daily, and that record is kept for at least one month after the raw milk to which the record relates has been removed from frozen storage.

Section 58 (3) is amended

(

a) by striking out “ and ” at the end of paragraph (c),

(

b) by striking out “ . ” at the end of paragraph (

d) and adding “ , and ” and

(

c) by adding the following paragraph:

(

e) identify the raw milk as not being suitable for human consumption.

Section 78 is repealed and the following substituted:

Examination of milk by purchaser

(1) A purchaser who is supplied with milk by a producer must conduct an examination, or cause an examination to be conducted, of representative samples of the milk at least once a month.

(2) An examination under this

section

(

a) is in addition to an examination required under

section 76 (1),

(

b) must be conducted before the milk has been pasteurized, and

(

c) must include all of the following:

(

i) tests for bacterial content;

(ii) tests for somatic cell content;

(iii) tests for the presence of inhibitors;

(iv) tests for water dilution.

(3) The samples for the tests required under this

section must be taken by one of the following:

(

a) a bulk tank milk grader;

(

b) an inspector;

(

c) dairy plant personnel.

(4) A laboratory designated under

section 25 of the Act must

(

a) conduct the examination under this section, and

(

b) provide the examination results to the purchaser and an inspector as soon as reasonable.

(5) An inspector may require the laboratory to provide the test results of each individual test included in an examination to the inspector as soon as reasonable.

(6) The results of an examination under this

section are determined as follows:

(

a) the result of an examination in respect of bacterial content is the average of test results from several representative samples of the milk tested for bacterial content taken in the interval between examinations;

(

b) the result of an examination in respect of somatic cell content is the average of tests results from several representative samples of the milk tested for somatic cell content taken in the interval between examinations;

(

c) the result of an examination in respect of inhibitors is the test result of any representative sample of the milk tested for the presence of inhibitors;

(

d) the result of an examination in respect of water dilution is the test result of any representative sample of the milk tested for water dilution.

Testing milk for presence of inhibitors

78.1

(1) In this section, “inhibitor standard” has the same meaning as in

section 112.

(2) If a dairy plant licensee assesses a shipment of milk received at his or her dairy plant from a producer for the presence of inhibitors and the assessment indicates a violation of the inhibitor standard, the dairy plant licensee must inform the purchaser.

(3) The purchaser must provide a sample of milk from the shipment of milk that violated the inhibitor standard to a laboratory designated under

section 25 of the Act, and the laboratory must conduct a test for the presence of inhibitors on the sample of milk.

(4) If a test for the presence of inhibitors indicates a violation of the inhibitor standard, the laboratory must provide the result of the test to the purchaser and an inspector as soon as reasonable.

(5) For certainty, a test for the presence of inhibitors under this

section is not part of an examination under

section

Section 112.2 is amended

(

a) by striking out “ if an examination indicates ” and substituting “ if the results of an examination in respect of bacterial content indicate ”, and

(

b) by striking out “ that month or the preceding 11 calendar months ” wherever it appears and substituting “ the immediately preceding 11 calendar months ”.

Section 112.3 is amended

(

a) by striking out “ if an examination indicates ” and substituting “ if the results of an examination in respect of somatic cell content indicate ”, and

(

b) by striking out “ that month or the preceding 11 calendar months ” wherever it appears and substituting “ the immediately preceding 11 calendar months ”.

12 Sections 112.4 and 112.5 are repealed and the following substituted:

Penalties – inhibitors

112.4

(1) Subject to sections 115.2 and 116, if an examination or a test for the presence of inhibitors under

section 78.1 indicates that the producer’s milk violated the inhibitor standard,

(

a) the producer must, if the producer’s milk is raw milk from cows, pay

(

i) an administrative penalty equal to 2% of the gross value of all milk supplied by the producer during the calendar month in which the examination or test was conducted if

(

A) other examinations in the immediately preceding 11 calendar months, and

(

B) other tests in that month or in the immediately preceding 11 calendar months

did not indicate that the producer’s milk violated the inhibitor standard,

(ii) an administrative penalty equal to 4% of the gross value of all milk supplied by the producer during the calendar month in which the examination or test was conducted if

(

A) only one other examination in the immediately preceding 11 calendar months, or

(

B) only one other test in that month or the immediately preceding 11 calendar months,

indicated that the producer’s milk violated the inhibitor standard, or

(iii) an administrative penalty equal to 8% of the gross value of all milk supplied by the producer during the calendar month in which the examination or test was conducted if 2 or more other examinations, 2 or more other tests or a combination of 2 or more examinations and tests indicated that the producer’s milk violated the inhibitor standard, and

(

A) the previous examinations were conducted in the 11 months immediately preceding the calendar month in which the examination or test was conducted, and

(

B) the previous tests were conducted in the period composed of the calendar month in which the examination or test was conducted and the 11 calendar months immediately preceding that calendar month, and

(

b) the producer will, if the producer’s milk is raw milk from goats, sheep or water buffalo, receive a notification of violation from an inspector.

(2) Subject to

section 116, if an examination or test indicates that the producer’s milk violates the inhibitor standard, the producer must not distribute, sell or offer for sale the producer’s milk until the producer’s milk no longer violates the inhibitor standard.

Penalties – water dilution

112.5 Subject to sections 115.2 and 116, if the results of an examination in respect of water dilution indicate that the producer’s milk violates the water dilution standard,

(

a) the producer will receive a warning from an inspector if examinations in the immediately preceding 11 calendar months did not indicate that the producer’s milk violated the water dilution standard,

(

b) the producer must, if the producer’s milk is raw milk from cows, pay

(

i) an administrative penalty equal to 2% of the gross value of all milk supplied by the producer during the calendar month in which the examination was conducted if only one other examination in the immediately preceding 11 calendar months indicated that the producer’s milk violated the water dilution standard, or

(ii) an administrative penalty equal to 4% of the gross value of all milk supplied by the producer during the calendar month in which the examination was conducted if 2 or more other examinations in the immediately preceding 11 calendar months indicated that the producer’s milk violated the water dilution standard, and

(

c) the producer will, if the producer’s milk is raw milk from goats, sheep or water buffalo, receive a notification of violation from an inspector if one or more of the other examinations in the immediately preceding 11 calendar months indicated that the producer’s milk violated the water dilution standard.

Section 116 is amended

(

a) by repealing subsection (1) and substituting the following:

(1) An inspector may suspend the certificate of approval of a producer in the following circumstances:

(

a) if an examination indicates that the bacterial count in the producer’s milk violates the excessive bacteria standard, and if, in the 11 calendar months immediately preceding the calendar month in which the examination was conducted, the producer had to pay 2 or more administrative penalties under

section 112.2 or received 3 or more notices of violation under

section 112.2;

(

b) if an examination indicates that the somatic cell count in the producer’s milk violates the excessive somatic cell standard, and if, in the 11 calendar months immediately preceding the calendar month in which the examination or test was conducted, the producer had to pay 2 or more administrative penalties under

section 112.3 or received 3 or more notices of violation under

section 112.3;

(

c) if an examination, or a test for the presence of inhibitors under

section 78.1, indicates that the producer’s milk violates the inhibitor standard, and if, in the period composed of the calendar month in which the examination or test was conducted and the 11 calendar months immediately preceding that calendar month, the producer had to pay 3 or more administrative penalties under

section 112.4 or received 3 or more notices of violation under

section 112.4;

(

d) if an examination indicates that the producer’s milk violates the water dilution standard, and if, in the 11 calendar months immediately preceding the calendar month in which the examination was conducted, the producer had to pay 2 or more administrative penalties under

section 112.5 or received 2 or more notices of violation under

section 112.5. , and

(

b) in subsection (2) by adding “ , or a test for the presence of inhibitors under

section 78.1, ” after “ of an examination ”.

Copyright © 2014: Queen's Printer, Victoria, British Columbia, Canada