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.

This electronic version is copyright ©

, Province of Nova Scotia , all rights reserved. It is for your personal use and may not be copied for the purposes of resale in this or any other form.

Milk Producer Licensing Regulations

made under clauses 9(

f) to (

i) and 15(1)(

a) of the

Dairy Industry Act

S.N.S. 2000, c. 24

N.S. Reg. 125/2017 (effective September 1, 2017)

amended to N.S. Reg. 96/2023 (effective July 1, 2023)

Table of Contents

Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.

Click here to go to the text of the regulations .

Citation

Application

Definition

Board is licensing authority

Eligibility for producer licence

Applying for producer licence

Locations identified in producer licence

Producer may sell only to Board

Producer selling certified organic milk

Milk quality standards and proAction program requirements

Notifying producers of penalties

Conditions of shut-off

Penalty for violating bacteria, somatic cells or freezing point standard

Penalties and other consequences for inhibitor

Application of penalty when producer operates with multiple farms

Lifting 1st shut-off for violating milk quality standards

Lifting 2nd shut-off for violating milk quality standards

Lifting 3rd shut-off or cancelling licence for violating milk quality standards

Penalties for non-compliance with proAction program

Penalties for non-compliance with facilities and production standards

Board review of shut-off

Board may suspend or cancel licence

Procedure for hearing

Citation

1 These regulations may be cited as the Milk Producer Licensing Regulations .

Application

2 These regulations apply only to producers of cow’s milk.

Definition

3 In these regulations,

“Act” means the Dairy Industry Act ;

“cow” means the mature female of domestic cattle, genus Bos;

“director” means a member of the Board of Directors of the Board;

“facilities and production standards” means all of the requirements of the Raw Milk

Production and Transportation Regulations except milk quality standards;

“milk quality standards” means the chemical and microbiological quality standards

for raw milk under

Section 101 of the Raw Milk Production and Transportation

Regulations for bacteria, somatic cells, inhibitors, and freezing point;

“proAction program” means all of the following modules of the Dairy Farmers of

Canada proAction program:

(

i) Food Safety Workbook and Reference Manual, as amended from time to

time;

(ii) Livestock Traceability Workbook and Reference Manual, as amended

from time to time;

(iii) Animal Care Workbook and Reference Manual, as amended from time

to time;

(iv) Biosecurity Workbook and Reference Manual, as amended from time to

time;

(

v) Environment Workbook and Reference Manual, as amended from time

to time;

“ Raw Milk Production and Transportation Regulations ” means the Raw Milk

Production and Transportation Regulations made under the Act;

“shut-off” means a penalty described in

Section 12 and imposed by the Board on a

producer under

Section 13, 14 or 19.

Board is licensing authority

4 The Board is the licensing authority referred to in

Section 7 of the Act for the issuance of a

producer licence.

Eligibility for producer licence

5 For a producer to obtain a producer licence, the operations of the producer’s dairy farm

must meet the requirements of all applicable regulations under the Act, including the Raw

Milk Production and Transportation Regulations , and must comply with Board policies.

Applying for producer licence

6 An application for a producer licence must be made to the Board on a form provided by

the Board, and must include all of the following information:

(

a) application date;

(

b) dairy farm name and producer name;

(

c) mail and civic addresses for each of the producer’s dairy farm locations;

(

d) phone and fax numbers;

(

e) e-mail address.

Locations identified in producer licence

7 Each of a producer’s dairy farm locations must be identified in the producer’s producer

licence.

Producer may sell only to Board

8 A producer may sell milk only to the Board, and must not sell or offer to sell milk to any

other person.

Producer selling certified organic milk

(1) In this Section, “certified organic milk” means milk that is produced by a producer

who is certified as meeting organic production standards by an organic certification

body recognized by the Board and the Council.

(2) A producer who wishes to sell certified organic milk must

(

a) provide a copy of their certification on request by the Board; and

(

b) in accordance with the DFNS Organic Milk Policy, sign an Acknowledgment

and Undertaking Agreement with the Board.

Milk quality standards and proAction program requirements

(1) Each producer is subject to the milk quality standards and proAction program

requirements.

(2) Each producer must provide proof of their validation under the proAction program to

the Board.

Notifying producers of penalties

11 If a producer becomes subject to a penalty under these regulations, the Board must

promptly notify the producer of the penalty and of the consequences of further violations.

Conditions of shut-off

12 The milk of a producer who is subject to a shut-off must not be marketed for a period of

time or until certain conditions are met, or both, as set out in these regulations.

Penalty for violating bacteria, somatic cells or freezing point standard

(1) Despite the minimum testing frequency standards in

Schedule B of [to] the Raw Milk

Production and Transportation Regulations , a producer is subject to a penalty as set

out in subsection (2) as follows:

(

a) for a bacteria penalty,

(

i) a bacteria test result higher than the bacteria standard in

Section 101 of

the Raw Milk Production and Transportation Regulations has been

found in the current month and in at least 40% of the tests of the

producer’s milk within a 3-month period that includes the current month,

and

(ii) where at least 3 bacteria test results are available within the continuous

3-month period, at least two of which must be for the current month, and

where only 3 test results are available, all 3 bacteria test results must be

higher than the bacteria standard in

Section 101 of the Raw Milk

Production and Transportation Regulations in order to result in a

penalty;

(

b) for a somatic cells penalty,

(

i) a somatic cells test result higher than the somatic cells standard in

Section 101 of the Raw Milk Production and Transportation Regulations

has been found in the current month and in at least 40% of the tests of

the producer’s milk within a 3-month period that includes the current

month, and

(ii) where at least 17 somatic cells test results are available within the

continuous 3-month period, at least four of which must be for the current

month;

(

c) for a freezing point penalty,

(

i) a freezing point test result higher than the freezing point standard in

Section 101 of the Raw Milk Production and Transportation Regulations

has been found in the current month and in at least 40% of the tests of

the producer’s milk within a 3-month period that includes the current

month, and

(ii) where at least 3 freezing point test results are available within the

continuous 3-month period, at least two of which must be for the current

month, and where only 3 test results are available, all 3 freezing point

test results must be higher than the freezing point standard in

Section 101

of the Raw Milk Production and Transportation Regulations .

(2) The penalty incurred by a producer under subsection (1) is as set out in the following

table:

Penalty for Violating Bacteria, Somatic Cells or Freezing Point Standard

Penalty Instance

Penalty

1st penalty incurred within 12-month period

$3.00/hl*

2nd penalty incurred within 12-month period for

violation of same standard

$4.00/hl*

3rd penalty incurred within 12-month period for

violation of same standard

$5.00/hl*

4th or subsequent penalty incurred within 12-month period for violation of same standard

$5.00/hl* plus shut-off

(*A monetary penalty applies per hectolitre of all of the producer’s milk sold in

the month the producer incurred the penalty.)

Penalties and other consequences for inhibitor

(1) A producer whose milk is found to contain an inhibitor is not entitled to be paid for

any milk that is rejected under

Section 86 of the Raw Milk Production and

Transportation Regulations .

(2) A producer whose milk is found to contain an inhibitor is liable to the Board for all

of the following:

(

a) all expenses incurred by the Board in disposing of milk that is rejected under

subsection 86(6) of the Raw Milk Production and Transportation Regulations

and conducting additional testing of the producer’s milk under

Section 105 of

the Raw Milk Production and Transportation Regulations ;

(

b) an amount calculated in accordance with the formula (TV - PV) × 4(

d) price,

in which

(

i) TV is the total volume of milk disposed of,

(ii) PV is the volume of milk disposed of from the producer whose milk

contained the inhibitor,

(iii) 4(

d) price is the component price for the 4(

d) class of milk under the

Milk Pricing Regulations made under the Act.

(3) Except as provided in subsection (4) with respect to a 2nd, 3rd or subsequent

violation within the same month, a producer whose milk is found to contain an

inhibitor is subject to a penalty as set out in the following table:

Penalty for Milk Containing Inhibitor

Penalty Instance

Penalty

1st penalty incurred within 12-month period

$6.00/hl*

2nd penalty incurred within 12-month period

$9.00/hl* plus shut-off

3rd or subsequent penalty incurred within 12-month period

$12.00/hl* plus shut-off

(*A monetary penalty applies per hectolitre of all of the producer’s milk sold in

the month the producer incurred the penalty.)

(4) A producer whose milk is found to contain an inhibitor twice or more in the same

month is subject only to the penalty for the most recent instance.

Application of penalty when producer operates with multiple farms

15 If a producer operates with 2 or more dairy farms, a penalty under

Section 13 or 14 applies

only to the milk from each of the producer’s farms on which the milk quality standards are

not met.

Lifting 1st shut-off for violating milk quality standards

16 A producer who incurs a 1st shut-off in a 12-month period for violating milk quality

standards remains subject to the shut-off until both of the following have occurred:

(

a) the shut-off has been in place for at least 6 days;

(

b) the producer’s milk meets all of the milk quality standards.

Lifting 2nd shut-off for violating milk quality standards

17 A producer who incurs a 2nd shut-off in a 12-month period for violating the same milk

quality standard remains subject to the shut-off until all of the following have occurred:

(

a) the shut-off has been in place for at least 12 days;

(

b) the producer’s milk meets all of the milk quality standards;

(

c) if both shut-offs were incurred under

Section 13 for violating one of the

standards referred to in that Section, the producer’s farm has undergone a new

inspection and meets the requirements of the Raw Milk Production and

Transportation Regulations ;

(

d) if both shut-offs were incurred under

Section 14 for violating the inhibitor

standard, the producer’s farm has undergone a new validation and the producer

has provided the Board with proof that the farm meets the requirements of the

proAction program.

Lifting 3rd shut-off or cancelling licence for violating milk quality standards

(1) If a producer incurs a 3rd shut-off in a 12-month period for violating the same milk

quality standard, the Board may cancel the producer’s producer licence or impose by

order any conditions that the producer must meet before the shut-off is lifted, but the

Board must hold a hearing in accordance with

Section 22 before cancelling or

imposing conditions on the licence.

(2) A producer who incurs a third shut-off in a 12-month period for violating the same

milk quality standard is not entitled to a review of the shut-off under

Section 20.

(3) A producer who incurs a third shut-off in a 12-month period for violating the same

milk quality standard remains subject to the shut-off for at least 24 days, unless the

Board cancels the producer’s producer licence sooner.

Penalties for non-compliance with proAction program

(1) A producer is subject to a penalty as set out in subsection (2) for failing to comply

with the proAction program.

(2) The penalty incurred by a producer under subsection (1) is as set out in the following

table:

Penalty for Non-Compliance with proAction Program

Consecutive Days of Non-Compliance

Penalty

$3.00/hl*

$4.00/hl*

$5.00/hl*

shut-off

(*A monetary penalty applies per hectolitre of all of the producer’s milk sold in

the month in which the specified period of non-compliance expires.)

(3) A shut-off under this

Section results in the withdrawal of the producer’s registration

under the proAction program.

(4) After a shut-off under this Section, the producer may apply to the Board, on a form

provided by the Board, for a transitional registration under the proAction program.

(5) The Board may approve a transitional registration under this

Section in accordance

with a policy regarding transitional proAction registration as established and

amended from time to time by the Board.

(6) A producer who incurs a shut-off under this

Section remains subject to the shut-off

until both of the following have occurred:

(

a) the shut-off has been in place for at least 6 days;

(

b) the producer has been granted a transitional registration under the proAction

program.

(7) After a producer has been subject to a shut-off under this

Section for 60 consecutive

days, the Board may cancel the producer’s producer licence or impose by order any

conditions that the producer must meet before the shut-off is lifted, but the Board

must hold a hearing under

Section 22 before cancelling or imposing conditions on

the licence.

(8) Sections 16, 17 and 18, respecting shut-offs incurred for violating the milk quality

standards, do not apply to a shut-off under this Section.

(9) A producer who is subject to a shut-off under this

Section is not entitled to a review

under

Section 20.

Penalties for non-compliance with facilities and production standards

19A(1) A producer is subject to a penalty as set out in subsection (2) for failing to comply

with the facilities and production standards within the time directed by an inspector.

(2) The penalty incurred by a producer under subsection (1) is as set out in the following

table:

Penalty for Non-Compliance with Facilities and Production Standards

Consecutive Days of Non-Compliance

Penalty

$3.00/hl*

$4.00/hl*

$5.00/hl*

shut-off

(*A monetary penalty applies per hectolitre of all of the producer’s milk sold in

the month in which the specified period of non-compliance expires.)

(3) A shut-off under this

Section must remain in place until the inspector notifies the

Board that the producer’s farm meets the facilities and production standards.

(4) After a producer has been subject to a shut-off under this

Section for 60 consecutive

days, the Board may cancel the producer’s licence or impose by order any conditions

that the producer must meet before the shut-off is lifted, but the Board must hold a

hearing under

Section 22 before cancelling or imposing conditions on the license.

(5) Sections 16, 17 and 18 respecting shut-offs incurred for violating the milk quality

standards do not apply to a shut-off under this Section.

(6) A producer who is subject to a shut-off under this

Section is not entitled to a review

under

Section 20.

Board review of shut-off

(1) A producer may request the Board to review a shut-off in accordance with this

Section.

(2) A request for a shut-off review must be made in writing to the General Manager of

the Board no later than 5 days after the producer receives notice of the shut-off, and

must state the grounds for the request.

(3) After receiving a request for a shut-off review from a producer under subsection (2),

the General Manager must

schedule the review as soon as practicable and notify the

producer in writing of the date, time and location for the review.

(4) A shut-off review may be held in person or by telephone or video conference.

(5) The Board must uphold a shut-off on review unless the producer satisfies the Board

that there are exceptional circumstances that justify a decision to vary or rescind the

shut-off.

(6) A producer subject to a shut-off is not entitled to compensation if the shut-off is

rescinded or varied on review.

(7) The Board may appoint a committee of directors to review a shut-off.

(8) A committee appointed under subsection (7) must consist of at least 3 directors.

Board may suspend or cancel licence

(1) In addition to any other reason set out in these regulations, the Board may suspend or

cancel a producer’s producer licence in whole or in part for any of the following

reasons:

(

a) the producer fails to comply with any provision of a federal or Provincial Act

or regulation related to milk production;

(

b) the producer fails to comply with an order made or policy established by the

Council or the Board.

(2) The Board must hold a hearing in accordance with

Section 22 before suspending or

cancelling a producer licence under this Section.

Procedure for hearing

(1) A hearing to be held by the Board as required by subsection 18(1), 19(4) or 21(2)

before cancelling or imposing conditions on a producer licence must proceed in

accordance with this Section.

(2) The Board must notify both of the following in writing of the date, time, location and

reason for the hearing:

(

a) the affected producer;

(

b) a representative of the processor used by the affected producer.

(3) A hearing may be held in person or by telephone or video conference.

(4) A processor representative may attend a hearing and, in accordance with procedures

established by the Board, may make representations at the hearing.

(5) The Board must not cancel a producer’s producer licence under

Section 18 after a

3rd shut-off in a 12-month period for violation of the milk quality standards if, after

the hearing for the producer, the Board determines that

(

a) there are exceptional circumstances that justify a decision not to cancel the

licence; and

(

b) the producer has taken appropriate steps to ensure their milk meets all milk

quality standards.

23 [repealed]

24 [repealed]

Legislative History

Reference Tables

Milk Producer Licensing Regulations

N.S. Reg.

125/2017

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 Milk Producer Licensing 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

125/2017

Sep 1, 2017

date specified

Sep 1, 2017

122/2019

Sep 1, 2019

date specified

Aug 30, 2019

192/2019

Dec 1, 2019

date specified

Dec 6, 2019

42/2020

Mar 15, 2020

date specified

Mar 27, 2020

119/2021

Sep 1, 2021

date specified

Sep 10, 2021

180/2022

Aug 1, 2022

date specified

Jul 29, 2022

96/2023

Jul 1, 2023

date specified

Jun 16, 2023

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

3 , defn . of “ Abnormal Freezing Point Standard for Cow’s

Milk Regulations ” ........................................................

rep. 42/2020

3 , defn . of “facilities and production standards” .......................................

ad. 180/2022

3 , defn . of “milk production regulations” ........................................................

rep. 42/2020

3 , defn . of “milk quality standards” .

rs . 42/2020

3 , defn . of “ proAction program” ......

rs . 122/2019, 119/2021

3 , defn . of “ Raw Milk Production and Transportation

Regulations ” .........

ad. 42/2020

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

am.

42/2020

6(f) ....................................................

rep. 42/2020

13(1) .................................................

rs . 192/2019, 42/2020,

96/2023

13(2) .................................................

am.

42/2020

14 ......................................................

am.

42/2020 (“unnatural” removed throughout)

14(1) .................................................

rep. 42/2020 ;

ra. from 14(2) 42/2020 ; am. 42/2020

14(2) .................................................

ra. as 14(1) 42/2020

14(2) .................................................

ra. from 14(3) 42/2020

14(2)(a) ........................................

rs . 42/2020

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

am.

42/2020; ra. as 14(2) 42/2020

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

ra. from 14(4) 42/2020 ; am. 42/2020

14(4) .................................................

am. 192/2019; ra. as 14(3)

42/2020

14(4) .................................................

ra. from 14(5) 42/2020

14(5) .................................................

ra. as 14(4) 42/2020

17(c)-(d) ...........................................

am.

42/2020

19(3)-(6) ...........................................

rs . 96/2023

19(7)-(9) ...........................................

ad. 96/2023

19A ...................................................

ad. 180/2022

23 ......................................................

rep. 192/2019

24 ......................................................

rep. 192/2019

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections:

Note

Effective

date

Repealed and Superseded:

N.S.

Regulation

Title

In force

date

Repealed

date

204/2003

Milk Producer Licensing Regulations

Mar 25, 2003

Sep 1, 2017

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.