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.

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Schedule 8 - Regulations for Specified Areas

made under Sections 9 and 14 of the

Dairy Industry Act

S.N.S. 2000, c. 24

N.S. Reg. 205/1989 (effective October 17, 1989)

as amended up to N.S. Reg. 96/2018 (effective August 1, 2018)

[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 The following areas of the Province of Nova Scotia are designated as specified areas and

the regulations for specified areas are hereby declared to apply to such areas in the manner

and to the extent set forth in such regulations:

Nova Scotia Mainland (embracing all cities, towns, villages and communities in the

Nova Scotia mainland except Yarmouth County)

Cape Breton Island (embracing all cities, towns, villages and communities in Cape

Breton Island)

Yarmouth Area (embracing all cities, towns, villages, and communities in Yarmouth

County).

2 For the purpose of determining the price of milk to be paid by a distributor to a producer

the price of milk shall be for milk delivered to the premises of the distributor.

3 (1) [repealed]

(2) [repealed]

(3) [repealed]

(4) [repealed]

(5) [repealed]

(6) [repealed]

(7) [repealed]

(8) [repealed]

(9) [repealed]

(10) [repealed]

(11) [repealed]

(12) [repealed]

(13) [repealed]

(14) [repealed]

(15) [repealed]

(16) renumbered (13): N.S. Reg. 63/1999

(17) renumbered (14): N.S. Reg. 63/1999

(18) renumbered (15): N.S. Reg. 63/1999

(19) No person shall sell or transport bulk milk, as defined in

Schedule 7*, outside the

Province without the prior written permission of the Commission.

4 Except as otherwise ordered by the Commission, the price to be paid by a distributor

supplying a specified area to producers for Class 1 milk sales in such specified area shall

be the price paid to producers in said specified area as determined in accordance with the

regulations of the Commission and the schedules relating to such specified area.

5 The price to be paid by a distributor supplying a specified area to another distributor for

milk for Class 1 sales in such specified area shall be the price to producer in said specified

area as determined in accordance with the regulations of the Commission and the

schedules relating to such specified area.

6 The price to be paid by a distributor to producers for milk sold to another distributor or

processing plant shall be the price received for such milk, less such cost of handling and

haulage as may be approved by the Commission.

7 When the price paid for milk by a distributor to producers licensed under the provisions

of the Dairy Industry Act varies according to the use thereof, the proportion of milk

required by a distributor for Class 1 and Class 2 requirements shall be allocated,

respectively, to the licensed producers supplying such distributor.

8 Prices contained in the

schedule of milk prices for specified areas to be paid to the

producer are for standard test milk.

9 Except as otherwise ordered by the Commission, milk sold by distributors or jobbers to

consumers or storekeepers in a specified area shall be at the prices determined in

accordance with the regulations of the Commission and the schedules relating to such

specified area.

10 In subsection 10(

c) only, “non-pricing tools” means an incentive provided under a

customer loyalty marketing program for the discount purchase or giveaway of goods or

services.

(

a) No person shall sell fluid milk at retail to the ultimate consumer for a price

less than the minimum retail price.

(

b) The minimum retail price for milk sold by storekeepers to the ultimate

consumer shall be the wholesale price as established from time to time by the

schedule to these regulations.

(

c) The use of coupons and other non-pricing tools used by manufacturers and

retailers of fluid milk products are only permitted where the promotion does

not cause the price paid by the consumer to fall below the regulated minimum

price when the value of the coupon or other non-pricing tool is deducted from

the retail price.

(

d) Fluid milk products cannot be given away as part of any marketing or

promotional programs except for sampling purposes and the sponsorship of

charity events.

11 All milk and cream sold by distributors and jobbers shall be for cash or prepaid tickets

except the following accounts:

(

a) hospitals, charitable institutions, schools, steamship and railway companies;

(

b) government accounts;

(

c) such other wholesale account as may be mutually agreed upon by the

distributor or jobber and said wholesale purchaser.

12 When

schedule prices include a fraction of a cent per unit, single sales may be adjusted to

the nearest highest cent.

13 Except as otherwise provided by regulation, whole milk sold wholesale or retail shall not

contain less than 33.5 grams of butterfat per litre.

14 No distributor shall purchase milk and no producer shall sell milk at prices other than

those determined in accordance with the orders and regulations of the Commission and

the schedules relating to specified areas.

15 The Commission may allow a distributor to charge a price for milk higher than the price

of milk as set forth in the

Schedule of Milk Prices for Specified Areas on application

submitted by such distributor for a higher price.

16 Prices prescribed by the Commission from time to time by Order for the sale of milk in

the grades, quantities and containers prescribed by the Commission in the specified areas

shall be the standard of price charged for all milk sold until further Order of the

Commission.

17 A distributor must notify the Nova Scotia Dairy Commission five full working days in

advance of importing milk from outside the province for use as Class 1, Class 2, or fluid

classification for Market Sharing Quota purposes, at any processing plant, branch or

subsidiary.

18 Milk acquired by a processor from producers within the province shall be allocated to the

highest value utilization by the processor, unless the processor obtains specific exemption

from the Council.

19 Where milk is received for processing from outside the province and no specific

exemption has been received by the distributor, such milk shall be allocated to the lowest

value utilization by such distributor.

Legislative History

Reference Tables

Schedule 8 – Regulations for Specified Areas

N.S.

Reg. 205/1989

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 8 –

Regulations for Specified Areas 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

205/1989

Oct 17, 1989

date filed

Nov 3, 1989

168/1990

May 9, 1990

date specified

Jul 27, 1990

23/1991

Feb 5, 1991

date specified

Mar 22, 1991

182/1992

Aug 30, 1992

date specified

Sep 18, 1992

77/1993

May 30, 1993

date specified

May 28, 1993

90/1993

Aug 1, 1993

date specified

Jul 9, 1993

156/1993

Oct 22, 1993

date specified

Nov 12, 1993

62/1994

Apr 3, 1994

date specified

Apr 29, 1994

126/1995

Jul 30, 1995

date specified

Sep 1, 1995

4/1998

Jan 6, 1998

date specified

Jan 30, 1998

37/1998

May 13, 1998

date specified

Jun 19, 1998

63/1999

Jun 1, 1999

date specified

Jun 18, 1999

151/2000

Aug 1, 2000

date specified

Sep 22, 2000

144/2010

Oct 15, 2010

date specified

Oct 8, 2010

45/2014

Mar 21, 2014

date filed (not filed within 7 days)

Apr 4, 2014

96/2018

Aug 1, 2018

date specified

Jul 6, 2018

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 -2 ....................................................

rs. 62/1994

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

rs. 182/1992, 126/1995

3(1) ..............................................

rs. 77/1993, 156/1993, 63/1999; rep. 110/2001 1

3(2) ..............................................

rs. 77/1993, 90/1993, 156/1993,

63/1999; rep. 110/2001 1

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

rs. 77/1993, 90/1993, 156/1993; rep. 63/1999

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

ra. from

3(6) 63/1999 ; rep. 110/2001 1

3(4) ..............................................

rep. 63/1999

3(4) ..............................................

ra. from

3(7) 63/1999 ; rep. 3/2006 2

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

rs. 37/1998; rep. 63/1999

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

ra. from

3(8) 63/1999 ; rep. 3/2006 2

3(6) ..............................................

ra. as 3(3)

63/1999

3(6) ..............................................

ra. from

3(9) 63/1999 ; rep. 3/2006 2

3(7) ..............................................

rs. 77/1993; ra. as 3(4) 63/1999

3(7) ..............................................

ra. from

3(10) 63/1999 ; rep. 3/2006 2

3(8) ..............................................

ra. as 3(5)

63/1999

3(8) ..............................................

ra. from

3(11) 63/1999 ; rep. 3/2006 2

3(9) ..............................................

ra. as 3(6)

63/1999

3(9) ..............................................

ra. from

3(12) 63/1999 ; rep. 3/2006 2

3(10) ............................................

ra. as 3(7)

63/1999

3(10) ............................................

ra. from

3(13) 63/1999 ; rep. 3/2006 2

3(11) ............................................

ra. as 3(8)

63/1999

3(11) ............................................

ra. from

3(14) 63/1999 ; rep. 3/2006 2

3(12) ............................................

ra. as

3(9) 63/1999

3(12) ............................................

ra. from

3(15) 63/1999 ; rep. 3/2006 2

3(13) ............................................

ra. as

3(10) 63/1999

3(13) ............................................

ra. from

3(16) 63/1999 ; rep. 3/2006 2

3(14) ............................................

ra. as 3(11)

63/1999

3(14) ............................................

ra. from

3(17) 63/1999 ; rep. 3/2006 2

3(15) ............................................

ra. as 3(12)

63/1999

3(15) ............................................

ra. from

3(18) 63/1999 ; rs. 151/2000 ; rep. 3/2006 2

3(16) ............................................

ra. as 3(13)

63/1999

3(17) ............................................

ra. as 3(14)

63/1999

3(18) ............................................

ra. as 3(15)

63/1999

3(19) ............................................

ad. 4/1998

6 ........................................................

rs. 62/1994

10 ......................................................

rs. 168/1990, 23/1991; am. 144/2010

10(c) ............................................

rs. 144/2010; am. 96/2018

10(d) ............................................

rs. 144/2010

18 ......................................................

am. 45/2014

Note that changes to

headings are not included in the above table.

Editorial Notes and Corrections:

Note

Effective

date

Subsection repealed in N.S. Reg. 110/2001,

Fluid Milk Categories and Classes Regulations.

Aug 7, 2001

Subsection repealed in N.S. Reg. 3/2006,

Regulations Respecting Milk Classes and Categories.

Feb 1, 2006

Repealed and Superseded:

N.S.

Regulation

Title

In force

date

Repealed

date

Note: Only regulations that are specifically repealed and replaced appear in

this table. It may not reflect the

entire history of regulations on this subject matter.