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"Point in Time" Regulation Content

Milk Industry Act

Milk Industry Standards Regulation

B.C. Reg. 464/81

NOTE: Links below go to reg content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to present)
SECTIONEFFECTIVE DATE
Section 1 February 1, 2012
Section 1.1 March 8, 2012
Section 3 February 1, 2012
Section 4 February 1, 2012
March 8, 2012
Section 5 February 1, 2012
Section 6 February 1, 2012
Section 6.1 February 1, 2012
Section 8 February 1, 2012
Section 9 February 1, 2012
Section 10 February 1, 2012
December 12, 2013
Section 12 February 1, 2012
Section 12.1 February 1, 2012
December 12, 2013
Part 2, Division 2 February 1, 2012
Section 13 February 1, 2012
Section 13.1 February 1, 2012
Section 14 February 1, 2012
Section 15 February 1, 2012
Section 16 February 1, 2012
Part 2, Division 2.1, Section 16.1 to 16.11 February 1, 2012
Section 16.1 December 12, 2013
Section 16.2 December 12, 2013
Section 16.5 March 8, 2012
December 12, 2013
Section 16.6 March 8, 2012
Part 2 Division 2.2 March 8, 2012
Section 16.9 March 8, 2012
Section 16.10 March 8, 2012
Part 2, Division 3 to 6, Section 17 to 34 February 1, 2012
Part 2, Division 7 February 1, 2012
Section 35 February 1, 2012
Section 36 February 1, 2012
Section 37 February 1, 2012
March 8, 2012
Section 38 February 1, 2012
Section 39 February 1, 2012
Section 40 February 1, 2012
Section 41 February 1, 2012
Section 42 February 1, 2012
March 8, 2012
Section 42.1 February 1, 2012
March 8, 2012
Section 43.1 February 1, 2012
Section 46 February 1, 2012
March 8, 2012
January 19, 2015
Part 3, Division 2 February 1, 2012
Part 3, Division 2 March 8, 2012
Section 47 February 1, 2012
Section 48 February 1, 2012
Section 49 February 1, 2012
Section 50 February 1, 2012
Section 52 February 1, 2012
Section 53 February 1, 2012
Part 3, Division 3, Section 53.1 to 53.3 February 1, 2012
Section 53.2 March 8, 2012
Part 3, Division 4 February 1, 2012
Section 54 February 1, 2012
Section 55 February 1, 2012
Part 3.1, Section 55.1 to 55.5 February 1, 2012
Section 55.1 March 8, 2012
Section 55.2 March 8, 2012
December 12, 2013
Section 55.4 March 8, 2012
December 12, 2013
Part 4, Division 1 February 1, 2012
Section 56 February 1, 2012
Section 57 January 14, 2010
February 1, 2012
Part 4, Division 2 February 1, 2012
Section 58 February 1, 2012
March 8, 2012
December 12, 2013
Section 59 February 1, 2012
March 8, 2012
Section 59.1 February 1, 2012
Section 60, 61 February 1, 2012
Part 4, Division 1.2 February 1, 2012
Section 62 February 1, 2012
September 22, 2015
Section 63 February 1, 2012
Section 67 February 1, 2012
Part 4, Division 3, Section 69 to 75 February 1, 2012
Section 76 February 1, 2012
Section 77 February 1, 2012
Section 78 February 1, 2012
March 8, 2012
December 12, 2013
September 22, 2015
Section 78.1 December 12, 2013
Section 84 February 1, 2012
Section 85 February 1, 2012
Section 87 February 1, 2012
Section 94 February 1, 2012
March 8, 2012
Section 98 February 1, 2012
Section 105 February 1, 2012
Section 112 February 1, 2012
Section 112.1 March 25, 2010
February 1, 2012
March 8, 2012
June 10, 2016
Section 112.2 February 1, 2012
March 8, 2012
December 12, 2013
Section 112.3 March 8, 2012
December 12, 2013
Section 112.4 March 8, 2012
December 12, 2013
Section 112.5 March 8, 2012
March 8, 2012
December 12, 2013
Section 113 to 115.1 February 1, 2012
Section 115.2 February 1, 2012
Section 116 February 1, 2012
March 8, 2012
December 12, 2013
Section 116.1 February 1, 2012
Section 116.2 February 1, 2012
March 8, 2012
Section 117, 118 February 1, 2012
Part 8, Section 119 to 129 February 1, 2012
Schedule B February 1, 2012
Schedule C, D and E February 1, 2012
Schedule F February 1, 2012
Schedule F, Form 1 January 14, 2010
Schedule F, Form 2 January 14, 2010
March 8, 2012
Schedule F Form 3 March 8, 2012

 Section 1 (1) definitions of "automatic milking system", "feed storage area", "medicated feed", "milk transport tank", "raw milk", "regulated product", "tank truck operator" and "veterinary drug" were added by BC Reg 197/2011, effective February 1, 2012.

 Section 1 (1) definitions of "board", "certificate of approval", "dairy plant licensee", "director", "farm", "good quality concrete", "licence", "milk house", "milking parlour" or "milking room" and "tank milk receiver" BEFORE repealed by BC Reg 197/2011, effective February 1, 2012.

"board" means the Milk Board constituted under the Act;

"certificate of approval" means the certificate issued by the minister or an inspector under section 4 of the Act;

"dairy plant licensee" means a person licensed under section 12 (1) (a) of the Act;

"director" means the Director of the Dairy Branch in the ministry;

"farm" means an approved fluid milk dairy farm;

"good quality concrete" means concrete that is air entrained, 20 MPa and 28 day compression strength or better;

"licence" means a licence issued under section 12 of the Act;

"milk house" means a building where milk from a dairy barn, milking parlour or milking room is cooled and held;

"milking parlour" or "milking room" means a place where cattle are milked but not kept or housed;

"tank milk receiver" means a person licensed as a tank milk receiver under section 12 (1) (b) of the Act;

 Section 1 (1) definitions of "dairy barn" and "free stall area" BEFORE amended by BC Reg 197/2011, effective February 1, 2012.

"dairy barn" means a building or part of a building used for the sole purpose of housing, feeding and milking cattle;

"free stall area" means an area where cattle have free access to individually bedded stalls;

 Section 1 (1.1) was added by BC Reg 197/2011, effective February 1, 2012.

 Section 1.1 was enacted by BC Reg 37/2012, effective March 8, 2012.

 Section 3 (1) BEFORE amended by BC Reg 197/2011, effective February 1, 2012.

(1)  This regulation applies to all producers, dairy plant licensees, dairy plant process workers, tank milk receivers, milk transporters, vendors and producer vendors.

 Section 4 BEFORE re-enacted by BC Reg 197/2011, effective February 1, 2012.

 Responsibility and compliance

4  No person, being

(a) a dairy farmer, a producer or a producer vendor,

(b) a dairy plant licensee or a vendor, or

(c) a dairy plant process worker or a tank milk receiver,

shall

(d) operate or manage an approved fluid milk dairy farm,

(e) produce, process, pasteurize, manufacture, pick up, transport, receive or store any dairy product, or

(f) permit any premises, building, structure, equipment, utensil or other thing used in the production, process, pasteurization, manufacture, pick up, transport, receipt or storage of any dairy product to be so used

except in accordance with the standards and requirements of this regulation.

 Section 4 (c) BEFORE amended by BC Reg 37/2012, effective March 8, 2012.

(c) permit the use of any premises, building, structure, equipment or other thing used in the production, process, pasteurization, manufacture, pick up, transport, receipt or storage of any dairy product.

 Section 5 (5) BEFORE amended by BC Reg 197/2011, effective February 1, 2012.

(5)  No person other than an inspector exercising his powers under the Act shall repackage or open a package that contains reconstituted milk or any other dairy product in fluid form before delivery to the final customer.

 Section 6 BEFORE repealed by BC Reg 197/2011, effective February 1, 2012.

 Breed labelling

6  Where a package purports to contain a dairy product from goats or a particular breed of cow, no person shall place any dairy product in that package other than the dairy product from goats or the registered purebred cows of the breed identified on the package label, as the case may be.

 Section 6.1 was enacted by BC Reg 197/2011, effective February 1, 2012.

 Section 8 (1) (e) BEFORE amended by BC Reg 197/2011, effective February 1, 2012.

(e) the amounts deducted from the total payment due to the owner on account of transportation costs and payments made under section 118 into the Dairy Products Promotional Fund, and

 Section 9 BEFORE repealed by BC Reg 197/2011, effective February 1, 2012.

 Milk in farm holding tanks

9  (1)  Milk in farm holding tanks shall, after each milking, be cooled to a temperature of not more than 4° C and not less than 0° C and maintained in that temperature range until collected by a licensed tank milk receiver.

(2)  The owner or lessee of a farm holding tank shall ensure that the entire milk shipment which is to be picked up by tank truck is in the farm holding tank prior to measurement and sampling by the licensed tank milk receiver.

 Section 10 BEFORE amended by BC Reg 197/2011, effective February 1, 2012.

 General cleanliness

10  (1)  Cattle shall be kept clean and their udders washed and dried immediately before milking.

(2)  The first stream of milk from each quarter shall be discarded when milking cattle.

(3)  Milking shall be done in a clean manner in clean surroundings where the air is free from dust or any foul odours, smoke or fumes.

(4)  Dairy barns, loose housing barns, free stall barns, milk houses, milking parlours, milking rooms, yards and surroundings shall be kept clean and tidy at all times.

(5)  Gutters in a dairy barn and alleys in a free stall barn shall be cleaned at least once a day and whenever else necessary to prevent overflowing.

(6)  Milkers shall be clean of person and shall wear clean clothing during milking and caring for milk.

(7)  Feed for cattle shall be kept so that dust or odour from the feed does not reach the milk.

(8)  Flies shall be kept under control at all times and, where chemicals are used to control them, use of those chemicals shall be lawful.

 Section 10 (6.1) and (6.2) were added by BC Reg 197/2011, effective February 1, 2012.

 Section 10 (1) to (5) BEFORE amended by BC Reg 259/2013, effective December 12, 2013.

 General cleanliness

10  (1)  Dairy animals shall be kept clean and their udders washed and dried immediately before milking.

(2)  The first stream of milk from each teat shall be discarded when milking dairy animals.

(3)  Milking shall be done in a clean manner in clean surroundings where the air is free from dust or any foul odours, smoke or fumes.

(4)  Dairy barns, loose housing barns, free stall barns, milk houses, milking parlours, yards and surroundings shall be kept clean and tidy at all times.

(5)  Gutters in a dairy barn and alleys in a free stall barn shall be cleaned at least once a day and whenever else necessary to prevent overflowing.

 Section 10 (2.1) was added by BC Reg 259/2013, effective December 12, 2013.

 Section 10 (7) and (8) BEFORE amended by BC Reg 259/2013, effective December 12, 2013.

(7)  Feed for dairy animals shall be kept so that dust or odour from the feed does not reach the raw milk.

(8)  Flies shall be kept under control at all times.

 Section 12 (1) and (3) BEFORE amended by BC Reg 197/2011, effective February 1, 2012.

(1)  Manure shall be piled or stored in such a manner that cattle cannot walk through it when entering or leaving any barn, holding area, milking parlour or milking room.

(3)  Soiled litter in loose housing shall be removed at least once a year and whenever else necessary to avoid contamination of milk.

 Section 12.1 was enacted by BC Reg 197/2011, effective February 1, 2012.

 Section 12.1 (b.1) and (d) were added by BC Reg 259/2013, effective December 12, 2013.

 Part 2, division 2 heading BEFORE amended by BC Reg 197/2011, effective February 1, 2012.

Division 2 - Cattle

 Section 13 BEFORE re-enacted by BC Reg 197/2011, effective February 1, 2012.

 Separation of cows from goats

13  (1)  Where cows and goats are kept or fed in the same barn, the cows shall be separated from the goats at all times by a solid partition.

(2)  Cows and goats shall not be milked in the same milking parlour or milking room.

 Section 13.1 was enacted by BC Reg 197/2011, effective February 1, 2012.

 Section 14 BEFORE repealed by BC Reg 197/2011, effective February 1, 2012.

 Separation of cattle from other animals

14  (1)  No animals other than cattle shall be allowed in a barn in which cattle are kept.

(2)  No animals other than cows or goats shall be allowed in a milking parlour or milking room or in a building in which is located a milking parlour or milking room.

 Section 15 BEFORE repealed by BC Reg 197/2011, effective February 1, 2012.

 Exclusion from milking herd

15  Cattle that are giving bloody, stringy or otherwise abnormal milk or that are being treated with antibiotic or chemotherapeutic agents shall not be included in a milking herd.

 Section 16 BEFORE repealed by BC Reg 197/2011, effective February 1, 2012.

 Number of cattle to be housed

16  (1)  The number of cattle to be housed in a barn shall be determined in accordance with the standards set out

(a) in Schedule D where the barn is a loose housing barn, and

(b) in Schedule E where the barn is a free stall barn, except that the number of cattle housed shall not exceed the number of stalls by more than 10%.

(2)  No loose housing barn and no free stall barn shall be used to house cattle in excess of the appropriate number determined under this section.

 Part 2, division 2.1, sections 16.1 to 16.11 were enacted by BC Reg 197/2011, effective February 1, 2012.

 Section 16.1 (1) (d) BEFORE repealed by BC Reg 259/2013, effective December 12, 2013.

(d) the temperature in the building is not below 0°C,

 Section 16.1 (1) (g) and (h) were added by BC Reg 259/2013, effective December 12, 2013.

 Section 16.1 (2) (e) was added by BC Reg 259/2013, effective December 12, 2013.

 Section 16.2 (1) (a) BEFORE amended by BC Reg 259/2013, effective December 12, 2013.

(a) is equipped with a pressurized hot and cold potable water system that is capable of sanitizing all equipment in the milking parlour,

 Section 16.5 (b) to (f) BEFORE amended by BC Reg 37/2012, effective March 8, 2012.

(b) is equipped with a pressurized hot and cold potable water system that

(i)  drains into a wastewater drainage system through a pipe equipped with a trap,

(ii)  is capable of sanitizing all equipment in the milk house, the milk house floor and the farm holding tank, and

(iii)  is equipped with

(A)  a dual-compartment sink with a concave bottom, or if equipment is sanitized in place, a single compartment sink with a concave bottom, for sanitizing equipment, and

(B)  hand washing facilities separate from any sink used to sanitize equipment,

(c) is constructed in a manner so that each floor slopes to a covered drain that

(i)  is equipped with a trap, and

(ii)  is connected to a wastewater drainage system,

(d) is accessible from outside without a person having to travel through dairy animal traffic areas to access it,

(e) has sufficient lighting to permit a person to carry out all operations involving handling and moving the raw milk, inspect the raw milk, and clean and sanitize the premises and equipment in sanitary conditions in the milk house,

(f) has exterior doors, windows and openings that are closed or fitted with screens or other devices to prevent the entry of dust, insects, animals or birds,

 Section 16.5 (4) was added by BC Reg 259/2013, effective December 12, 2013.

 Section 16.6 (1) (part) and (2) (part) BEFORE amended by BC Reg 37/2012, effective March 8, 2012.

(1)  A dairy farmer must ensure that there is a concrete walkway outside the milk house door that

(2)  Every concrete walkway required under subsection (1) must be

 Part 2, division 2.2 heading BEFORE amended by BC Reg 37/2012, effective March 8, 2012.

Division 2.2 - Contamination Control

 Section 16.9 (2) (b) BEFORE amended by BC Reg 37/2012, effective March 8, 2012.

(b) all pesticides and other toxic products used on the dairy farm are

(i)  used in compliance with the Food and Drugs Act (Canada), Meat Inspection Act (Canada) and the Pest Control Products Act (Canada) and any Provincial Act or regulation governing the use of pesticides or other toxic products.

 Section 16.10 (1) and (2) BEFORE amended by BC Reg 37/2012, effective March 8, 2012.

(1)  In this section, "withhold raw milk" means not adding raw milk to the farm holding tank.

(2)  A dairy farmer may administer to dairy animals only veterinary drugs and medicated feed approved for administration to dairy animals under the Food and Drugs Act (Canada), the Canada Agricultural Products Act (Canada) and applicable Provincial Act or regulations.

 Part 2, Divisions 3 to 6, sections 17 to 34 BEFORE repealed by BC Reg 197/2011, effective February 1, 2012.

Division 3 - Dairy Barns

 Dairy barns — general specifications

17  (1)  Every dairy barn, free stall barn and loose housing barn shall be

(a) located at least 45 m from a building in which hogs or poultry are kept,

(b) provided with complete and efficient drainage,

(c) ventilated to prevent the accumulation of odours and moisture, and

(d) adequately illuminated at all work areas within the barn to permit efficient and clean operations.

(2)  The foundations of a dairy barn, free stall barn and loose housing barn shall be maintained so as to avoid settling or distortion.

(3)  Foundations, floors, floor gutters, mangers and feed alleys of every dairy barn shall be of good quality concrete or equivalent.

(4)  Walls in every dairy barn shall be of good quality concrete or equivalent for at least 30 cm above the floor level.

(5)  Concrete stalls may be covered with lumber of good quality or equivalent materials.

(6)  Stalls, floors and floor gutters in every dairy barn shall have sufficient gradient where necessary to allow for complete and rapid drainage.

(7)  The interior of dairy barns shall be kept whitewashed or painted.

 Tie stall dairy barns

18  (1)  In every tie stall dairy barn the minimum distance between

(a) a floor gutter and a wall in the area where cows are kept shall be 180 cm,

(b) a floor gutter and a wall in an area where goats are kept shall be 120 cm,

(c) 2 floor gutters in an area where cows are kept shall be

(i)  240 cm, and

(ii)  where a closed milk pipeline system is used, 180 cm,

(d) 2 floor gutters in an area where goats are kept shall be 120 cm,

(e) 2 cow platforms, where cows are milked but not kept and where there are no gutters, shall be 300 cm,

(f) the cow platform and a wall shall be 240 cm,

(g) a feed manger and a wall and between 2 feed mangers shall be 150 cm,

(h) a cow tie and any wall, where there are no feed mangers, shall be 210 cm, and

(i) 2 cow ties, where there are no feed mangers, shall be 300 cm.

(2)  In every tie stall dairy barn

(a) the walls shall have a clear height of 240 cm from the main operating floor area to the ceiling or, where no ceiling is used, to the rafter plate, and

(b) the dimensions for tie stalls shall conform to the standards set out in Schedule C.

 Loose housing dairy barns

19  Every loose housing dairy barn shall

(a) have a minimum clear height of 300 cm from floor to ceiling, and

(b) meet the standards set out in Schedule D.

 Free stall dairy barns

20  Every free stall dairy barn shall

(a) have a minimum clear height of 240 cm from floor to ceiling or, where no ceiling is used, to the rafter plate, and

(b) meet the requirements prescribed in Schedule E.

 Alleys for feed and cattle

21  Feed alleys and cattle alleys in a free stall or loose housing barn shall

(a) be of good quality concrete or equivalent, and

(b) have sufficient gradient to allow for complete drainage.

Division 4 - Milking Parlours

 Milking parlours — general specifications

22  (1)  Milking parlours and milking rooms shall

(a) be provided in a location where

(i)  proper and complete drainage may be assured,

(ii)  firm foundations and floors may be laid down,

(iii)  the air in and around them is free from being polluted with dust, smoke, pollen or odours likely to affect the purity or flavour of milk, and

(iv)  cattle may enter and leave without travelling through polluted water, mud, manure, dust or rubble, and

(b) be located at least 45 m away from any building in which hogs or poultry are kept.

(2)  Foundations, floors, ramps and platforms in milking parlours and milking rooms shall be

(a) of good quality concrete or equivalent, and

(b) adequately reinforced where necessary.

(3)  The walls in milking parlours and milking rooms shall be of good quality concrete or equivalent, to at least 30 cm above any floor level.

(4)  Floors of milking parlours and milking rooms shall have a gradient of not less than 2 cm to the metre to drains that are

(a) of adequate size and design to accommodate all solid and liquid waste, and

(b) of a design that will prevent the return of odours into the milking parlour or milking room.

(5)  Interior walls and ceilings of milking parlours or milking rooms shall

(a) be constructed of bright rust proof metal, plastic or glazed materials, or

(b) be sealed or painted with a washable paint or equivalent.

(6)  Milking parlours and milking rooms shall be equipped with lighting adequate to permit milking to be done in an efficient and clean manner.

(7)  Every milking parlour and milking room shall be ventilated to prevent the accumulation of odours and moisture.

(8)  Self closing doors shall be provided between the milking parlour or milking room and the milkhouse.

(9)  Subject to section 23 (1), every milking parlour and every milking room that is adjacent to

(a) a free stall barn,

(b) a loose housing barn,

(c) a feeding area,

(d) an exercising yard, or

(e) a holding area that is a part of a barn, feeding area or exercising yard

shall be provided with a door to that barn, area or yard that is kept closed when not in actual use.

(10)  Ceilings shall

(a) in milking parlours, be a minimum of 210 cm above the cow platform, and

(b) in milking rooms, be a minimum of 240 cm above the cow platform.

(11)  The standards set out in section 18 apply wherever practicable to milking rooms, except that those standards in section 18 (1) (g), (h) and (i) do not apply where automatic feeding of grain is used.

(12)  Every milking parlour and milking room shall be designed to prevent the entry of rodents, birds, animals and insects.

 Milking parlours and holding areas

23  (1)  Where a holding area is not part of a free stall barn, a loose housing barn, a feeding area or an exercising area, it shall not be necessary to provide a dividing wall and doors between the milking parlour and the holding area or between the milking room and the holding area.

(2)  Where a milking parlour and a holding area or a milking room and holding area are not divided by a wall and door, the holding area shall meet the structural and maintenance standards required for milking parlours.

 Water supply in milking parlours

24  Water under pressure shall be provided for cleaning purposes in milking parlours and in milking rooms.

Division 5 - Milk Houses

 Milk house — general specifications

25  (1)  Every milk house shall

(a) be located in a location where

(i)  proper and complete drainage may be assured,

(ii)  milk tank trucks have easy access to and from the loading area of the milk house, and

(iii)  the air in and around the milk house is free from being polluted with dust, smoke, pollen or odours likely to affect the purity or flavour of the milk, and

(b) be located at least 45 m away from any building in which hogs or poultry are kept or any other building, including a dwelling, the proximity of which may result in contamination of the milk.

(2)  Foundations and floors shall be constructed of reinforced good quality concrete to an approved design that ensures against settling, sagging or cracking under the combined weight of equipment and contents.

(3)  Foundation walls shall be of good quality concrete or equivalent, to at least 30 cm above the floor level.

(4)  Floors shall be smooth and sloped to provide complete and rapid drainage.

(5)  All floor drains in milk houses shall

(a) be at least 10 cm in diameter,

(b) have drain covers that are at least 30 cm in diameter,

(c) be fitted with traps, and

(d) be located not less than 60 cm from the outlet of the farm holding tank, but not under that tank.

(6)  Self closing doors shall

(a) be provided in milk houses, and

(b) be kept closed when not in actual use.

(7)  Where a toilet room forms part of a milk house, the toilet room shall

(a) open into a part of the milk house other than where milk is stored,

(b) be vented to the outside, and

(c) have walls that are continuous from floor to ceiling.

(8)  Every milk house shall have

(a) a system of ventilation that eliminates odours and moisture condensation,

(b) screens over all outside openings,

(c) adequate lighting, shielded with shatterproof coverings and controlled by convenient interior wall switches,

(d) all inside surfaces of walls and ceilings

(i)  constructed of bright rust proof metal, plastic or glazed materials, or

(ii)  sealed or painted with a washable, light coloured paint or equivalent,

(e) a minimum ceiling height of 240 cm,

(f) a safety weatherproof electric service plug outlet on the outside wall on the loading side of the milk house that is controlled by an independent switch inside the milk house,

(g) adequate lighting for the loading area, and

(h) a hose port that

(i)  is at least 15 cm above the inside floor or the outside ground level, whichever is higher,

(ii)  projects through the wall at the loading side,

(iii)  is accessible to the outlet valve of the holding tank, and

(iv)  has an outside self closing cover.

(9)  There shall be no direct entry to a milk house from any other building or area where cattle are housed, fed or treated.

(10)  A milk house shall have facilities for

(a) washing and drying of hands, and

(b) washing, sanitizing and storing of utensils.

 Rooms and areas near milk houses

26  (1)  Rooms, vestibules, storage areas, equipment or utility areas in the immediate vicinity of a milk house shall conform to the same standards of cleanliness and repair that apply to the milk house.

(2)  Rooms and vestibules that provide

(a) access from a milk house to a washroom, or

(b) access from a milk house to an area where cattle are housed, fed or treated

shall be at least 120 cm in width and 120 cm in length.

 Milk house walkways and driveways

27  (1)  A concrete walkway shall be provided outside the milk house door that

(a) is at least 75 cm wide, and

(b) extends past the hose port location.

(2)  Every concrete walkway required under subsection (1) shall be

(a) maintained in clean condition, and

(b) of sufficient size so that the tanker hose cannot contact the ground surrounding the walkway.

(3)  Driveways shall be constructed and maintained so that safe and easy access is provided to and from the loading area.

 Compressors in milk houses

28  Where a compressor is located in a milk house, it shall be located so that no fan on the compressor causes a flow of air from the outside to pass over any opening in a farm holding tank.

 No storage in milk houses

29  Milk houses shall not be used for storing clothing, calf feeds, fruit, grain, meat, vegetables, fertilizer, meal, fish, chemicals or any other matter that may be detrimental to milk quality.

 No fowl or animals

30  Fowl and animals shall be excluded from milk houses.

 Water supply in milk house

31  An adequate supply of hot and cold water shall be provided in every milk house for maintaining the standards of cleanliness required by the Act and this regulation.

Division 6 - Yards and Surrounding Areas

 Hospital areas

32  Every farm shall be provided with facilities separate from milking areas for hospitalization, maternity care and insemination of cattle.

 Outside drainage

33  (1)  Barnyards, surroundings of milk houses and other dairy buildings shall be well drained and arranged so that dust, smoke or odours are not transmitted to the milk house.

(2)  Depressions in which water may accumulate shall be drained and filled with soil or gravel.

(3)  All drainage from surrounding hillsides, fields and other areas shall be directed away from the barnyard.

 Holding areas and fencing

34  (1)  Holding areas used for holding cattle prior to milking shall be constructed of good quality concrete or equivalent material.

(2)  Cattle and other farm animals shall be fenced away from the area surrounding the milk house and cattle shall be fenced away from manure storage areas.

 Part 2, division 7, heading BEFORE amended by BC Reg 197/2011, effective February 1, 2012.

Division 7 - Equipment and Facilities

 Section 35 BEFORE repealed by BC Reg 197/2011, effective February 1, 2012.

 Utensils and equipment

35  (1)  Utensils and equipment used in the production, cooling, handling, storing or conveying of milk shall

(a) be of a type and material equivalent to 3A Standards, and

(b) conform to the "British Columbia Standards for the Design, Fabrication and Installation of Milking and Milk Handling Equipment".

(2)  The equipment referred to in subsection (1) shall be cleaned, sanitized and, when not in use, stored free from contamination by dust or other matter.

(3)  Dairy utensils, equipment or supplies shall not be used, washed, sanitized, treated or stored in a building other than a milk house or its associated rooms.

 Section 36 (5) BEFORE amended by BC Reg 197/2011, effective February 1, 2012.

(5)  Every farm holding tank shall be permanently marked at the gauge point where the measuring rod is positioned for calibration and all measurements of milk shall be taken from this point.

 Section 37 BEFORE amended by BC Reg 197/2011, effective February 1, 2012.

 Farm holding tank agitator

37  For the purpose of enabling a representative sample to be secured, every farm holding tank shall be equipped with a motor driven agitator, the speed and design of which provides adequate agitation to restore without splashing or churning the milk uniformity of milk fat content throughout the tank within 5 minutes of starting.

 Section 37 BEFORE repealed by BC Reg 37/2012, effective March 8, 2012.

 Farm holding tank agitator

37  For the purpose of enabling a representative sample to be secured, every farm holding tank shall be equipped with a motor driven agitator, the speed and design of which provides adequate agitation to restore without splashing or churning the raw milk uniformity of milk fat content throughout the tank within 5 minutes of starting.

[am. B.C. Reg. 197/2011, s. 20.]

 Section 38 (2) (part) BEFORE amended by BC Reg 197/2011, effective February 1, 2012.

(2)  In addition to the requirements of subsection (1) and section 39, every farm holding tank used for measuring and sampling milk as a basis for sale to a dairy plant shall be checked for accuracy of calibration

 Section 39 (1) and (3) BEFORE amended by BC Reg 197/2011, effective February 1, 2012.

(1)  No farm holding tank shall be moved after installation other than under the supervision of an inspector.

(3)  Where, as a result of recalibration of a farm holding tank, an adjustment related to the milk shipments from that tank becomes necessary, the effective date for adjustments shall be the date on which the Dairy Branch of the ministry was first officially notified of the fault.

 Section 40 (1) BEFORE amended by BC Reg 197/2011, effective February 1, 2012.

(1)  All measuring rods used to measure milk in farm holding tanks shall be of stainless steel or equivalent.

 Section 41 (b) (i) BEFORE amended by BC Reg 197/2011, effective February 1, 2012.

(i)  a conversion table showing the number of litres of milk represented by each graduation mark on the measuring rod or direct reading gauge;

 Section 42 (2) (b) and (c) BEFORE amended by BC Reg 197/2011, effective February 1, 2012.

(b) a hose of adequate length for work purposes, with a nozzle, connected to hot and cold water systems by means of mixing taps or valves, and

(c) a 2 compartment wash sink or 2 separate sinks or, where milking equipment is cleaned in place, a one compartment wash sink.

 Section 42 (2) (c) BEFORE repealed by BC Reg 37/2012, effective March 8, 2012.

(c) a dual-compartment sink with a concave bottom or, if milking equipment is cleaned in place, a single compartment sink with a concave bottom.

 Section 42.1 was enacted by BC Reg 197/2011, effective February 1, 2012.

 Section 42.1 (a) and (g) BEFORE amended by BC Reg 37/2012, effective March 8, 2012.

(a) the maintenance lid, vent and outlet must be located inside the milk house;

(g) the walls must be tightly sealed with a gasket around the tank where the farm holding tank is bulkhead;

 Section 43.1 BEFORE amended by BC Reg 197/2011, effective February 1, 2012.

 Conditions

43.1  It is a condition of every certificate of approval that the holder comply with valid orders of the Milk Board.

[en. B.C. Reg. 231/85.]

 Section 46 (1) BEFORE amended by BC Reg 197/2011, effective February 1, 2012.

(1)  Subject to subsection (2), where the owner or operator of an approved dairy farm fails to comply with the Act, Parts 1 to 4 of this regulation, the Animal Contagious Diseases Act (Canada)1, the Animal Disease Control Act or any relevant regulation made under those Acts, the minister or an inspector shall cancel or suspend the certificate of approval issued for that farm.

1.R.S.C. 1970, c. A-13; title changed by S.C. 1974-75-76, c. 86 to Animal Disease and Protection Act; repealed by Health of Animals Act, S.C. 1990, c. 21.

 Section 46 (5) (b) BEFORE amended by BC Reg 197/2011, effective February 1, 2012.

(b) in areas under the jurisdiction of the milk board, filed with the milk board.

 Section 46 (5) (part) BEFORE amended by BC Reg 37/2012, effective March 8, 2012.

(5)  Copies of every notice given under subsections (2) and (3) shall be

 Section 46 (1) BEFORE amended by BC Reg 7/2015, effective January 19, 2015.

(1) Subject to subsection (2), where the owner or operator of an approved fluid milk dairy farm fails to comply with the Act, Parts 1 to 4 of this regulation, the Health of Animals Act (Canada), the Animal Disease Control Act or any relevant regulation made under those Acts, the minister or an inspector shall cancel or suspend the certificate of approval issued for that farm.

 Part 3, division 2, heading BEFORE amended by BC Reg 197/2011, effective February 1, 2012.

Division 2 - Licences and Permits

 Part 3, division 2, heading BEFORE amended by BC Reg 37/2012, effective March 8, 2012.

Division 2 - Licensing of Dairy Plant Licensees and Dairy Plant Processing Workers

 Section 47 BEFORE re-enacted by BC Reg 197/2011, effective February 1, 2012.

 Application for licence

47  An application for a licence or licence renewal under section 12 (1) of the Act shall be made in writing and submitted to the minister.

[en. B.C. Reg. 327/83, s. 1.]

 Section 48 BEFORE re-enacted by BC Reg 197/2011, effective February 1, 2012.

 Qualifications for licence

48  (1)  No licence shall be issued or renewed under section 12 (1) (b) of the Act unless the applicant is actively engaged in the work for which the licence is issued or renewed.

(2)  Except for licence renewal, no licence shall be issued under section 12 (1) (b) of the Act unless the applicant

(a) for a tank milk receiver licence

(i)  possess at least 3 months experience as a tank milk receiver that is authorized by an inspector or obtained under the supervision of a licensed tank milk receiver,

(ii)  is proficient in detecting objectionable or undesirable odours, physical defects, or objectionable matter in the milk in a farm holding tank,

(iii)  demonstrates his proficiency in the conduct of his work in the taking of true representative samples of milk from a farm holding tank for chemical or bacteriological analysis and in the subsequent care and handling of the samples,

(iv)  exhibits care and accuracy in the reading of the measuring rod and direct reading gauge, in the conversion to litres of milk from the calibration chart and in recording readings, conversions and other related data,

(v)  passes a written and a practical examination covering the matters described in this paragraph, and

(vi)  is in good health as certified by a medical practitioner, and

(b) for a dairy plant process worker licence

(i)  possesses at least 3 months dairy plant work experience that is authorized by an inspector or obtained under the supervision of a licensed dairy plant process worker,

(ii)  demonstrates in the conduct of his work an adequate knowledge of bacteria common to milk, methods used in controlling the bacteria, milk borne diseases that may result from post-pasteurization contamination and prevention of post-pasteurization contamination,

(iii)  holds a certificate that confirms the satisfactory completion of a recognized dairy course, or passes a qualifying examination to ensure proficiency,

(iv)  is proficient in dairy plant sanitation, equipment sanitation and in the maintenance of that equipment, and

(v)  is in good health as certified by a medical practitioner.

 Section 49 (1) BEFORE repealed by BC Reg 197/2011, effective February 1, 2012.

(1)  No person shall grade, receive or haul milk in tank milk trucks unless licensed as a tank milk receiver under section 12 (1) (b) of the Act.

 Section 50 (2) and (3) BEFORE repealed by BC Reg 197/2011, effective February 1, 2012.

(2)  Every person licensed under section 12 (1) (b) of that Act as a tank milk receiver shall carry with him and have available when engaged in his work his tank milk receiver licence.

(3)  A licence issued under section 12 of the Act shall be substantially in the form of Form 2 set out in Schedule F.

 Section 52 BEFORE amended by BC Reg 197/2011, effective February 1, 2012.

 No employment unless licensed

52  Except in the case of personnel employed under the supervision of a licensed supervisor on a temporary or emergency basis or for relief work, a dairy plant licensee shall not employ dairy plant personnel who are not licensed under section 12 (1) (b) of the Act.

 Section 53 (1) BEFORE amended by BC Reg 197/2011, effective February 1, 2012.

(1)  Subject to subsection (2), where a licence or a permit contains an expiry date, it shall cease to be valid on that date and, where it does not contain an expiry date, it shall expire at the end of the calendar year in which it is issued.

 Part 3, division 3, heading and sections 53.1 to 53.3 were enacted by BC Reg 197/2011, effective February 1, 2012.

 Section 53.2 (2) (b) and (c) BEFORE amended by BC Reg 37/2012, effective March 8, 2012.

(b) be proficient in detecting objectionable or undesirable odours, physical defect or objectionable matter in the raw milk in a farm holding tank;

(c) demonstrate proficiency in the conduct of his or her work in the taking of true representative samples of raw milk from a farm holding tank for chemical or bacteriological analysis and in the subsequent care and handling of the samples;

 Part 3, division 4, heading was added by BC Reg 197/2011, effective February 1, 2012.

 Section 54 BEFORE amended by BC Reg 197/2011, effective February 1, 2012.

 Tank truck permit

54  No person shall operate a tank truck for transporting milk unless the tank of that truck is certified by an inspector as conforming to 3A Standards and a permit is issued for that tank.

 Section 55 (1) BEFORE amended by BC Reg 197/2011, effective February 1, 2012.

(1)  No person shall use a farm holding tank for measuring and sampling milk as a basis for the sale of that milk to a dairy plant until a permit is issued by an inspector for it following an inspection.

 Part 3.1, heading and sections 55.1 to 55.5 were enacted by BC Reg 197/2011, effective February 1, 2012.

 Section 55.1 (2) (d) BEFORE amended by BC Reg 37/2012, effective March 8, 2012.

(d) mechanically agitates raw milk within the tank for no less than 5 consecutive minutes each hour, in a manner that restores uniformity of all raw milk constituents throughout the raw milk,

 Section 55.2 BEFORE amended by BC Reg 37/2012, effective March 8, 2012.

 Raw milk storage temperature

55.2  (1)  Subject to subsection (3) and sections 55.3 and 55.4, a dairy farmer must ensure that raw milk produced on the dairy farm, other than raw milk produced using an automated milking system, is cooled in a farm holding tank as follows:

(a) if raw milk is placed into an empty farm holding tank, the raw milk must be cooled to

(i)  10°C or less within one hour, and

(ii)  4°C or less within 2 hours;

(b) if raw milk is placed into a farm holding tank that contains raw milk from a previous milking, the temperature of the combined raw milk must be

(i)  10°C or less at the time the raw milk is combined, and

(ii)  reduced to 4°C or less within one hour after the raw milk was combined.

(2)  Subject to subsection (3), a dairy farmer must ensure that raw milk produced on the dairy farm, using an automated milking system, is cooled in a farm holding tank as follows:

(a) if raw milk is placed into an empty farm holding tank, the raw milk must be cooled to between greater than 0°C and less than 4°C within 2 hours;

(b) if raw milk is placed into a farm holding tank that contains raw milk from a previous milking, the temperature of the combined raw milk must be

(i)  10°C or less at the time the raw milk is combined, and

(ii)  reduced to 4°C or less within one hour after the raw milk was combined.

(3)  A dairy farmer must ensure that raw milk produced on the dairy farm is cooled in a farm holding tank as follows:

(a) if raw milk is placed into a farm holding tank that contains raw milk from a previous milking, the temperature of the combined raw milk must not be greater than 4°C for more than 15 consecutive minutes, and

(b) the temperature of the raw milk in the farm holding tank must not be greater than 10°C at any time.

(4)  After raw milk is cooled in accordance with subsection (1) or (2), a dairy farmer must ensure that raw milk that is stored in a farm holding tank is maintained in the temperature range of not more than 4°C and not less than 0°C, until collected by a bulk tank milk grader.

[en. B.C. Reg. 197/2011, s. 34.]

 Section 55.2 (1) (a) and (b) BEFORE amended by BC Reg 259/2013, effective December 12, 2013.

(a) if raw milk is placed into an empty farm holding tank, the raw milk must be cooled to

(i)  10°C or less within one hour, and

(ii)  above 0°C and below 4°C;

(b) if raw milk is placed into a farm holding tank that contains raw milk from a previous milking, the temperature of the combined raw milk must be

(i)  10°C or less at the time the raw milk is combined, and

(ii)  reduced to above 0°C and below 4°C within one hour after the raw milk is combined.

 Section 55.4 (2) (b) and (d) BEFORE amended by BC Reg 37/2012, effective March 8, 2012.

(b) a record is kept about each storage container of raw milk that sets out the milking date and producer number on the producer's certificate of approval and the record must be kept for a period of time set by an inspector,

(d) equipment intended for single use, such as plastic bags and pail liners, is used only once,

 Section 55.4 (2) (b) BEFORE amended by BC Reg 259/2013, effective December 12, 2013.

(b) a record about each storage container of raw milk is kept for a period of time set by the inspector, that sets out the milking date and producer number on the producer's certificate of approval,

 Section 55.4 (g) was added by BC Reg 259/2013, effective December 12, 2013.

 Part 4, heading BEFORE amended by BC Reg 197/2011, effective February 1, 2012.

Part 4 - Sampling, Testing and Grading

 Section 56 BEFORE amended by BC Reg 197/2011, effective February 1, 2012.

 Milk samples — general

56  (1)  Every dairy plant licensee required under section 18 of the Act to deliver an account shall cause samples to be taken of the shipments of milk received at his dairy plant or otherwise dealt in.

(2)  The methods used for

(a) the receiving of the milk dealt in,

(b) the taking, keeping, testing and analysing of the samples of the milk, and

(c) the recording and reporting of the results of the tests and analyses

shall conform to the standards and requirements set out in Division 2 of this Part.

(3)  A representative and proportional sample based on the true net volume of every shipment of milk shall be taken in accordance with Division 2 of this Part.

 Section 57 BEFORE amended by BC Reg 4/2010, effective January 14, 2010.

 Fee for testing milk sample

57  Where the Ministry of Agriculture, Fisheries and Food test samples of milk the ministry fee shall not exceed the actual cost of making the test.

 Section 57 BEFORE amended by BC Reg 197/2011, effective February 1, 2012.

 Fee for testing milk sample

57  Where the minister's ministry tests samples of milk the ministry fee shall not exceed the actual cost of making the test.

[am. B.C. Reg. 4/2010, s. 3.]

 Part 4, division 2, heading BEFORE being changed to "Division 1.1 - Sampling and Transport" by BC Reg 197/2011, effective February 1, 2012.

Division 2 - Raw Fluid Milk Products

 Section 58 BEFORE amended by BC Reg 197/2011, effective February 1, 2012.

 Milk transfers from farm holding tanks

58  (1)  No person shall transfer milk from a farm holding tank other than

(a) a tank milk receiver licensee or an inspector, and

(b) in accordance with the procedures set out in subsection (2).

(2)  A person who transfers milk from a farm holding tank to a tank truck shall

(a) immediately upon entering the milk house, wash and dry his hands before handling or touching any of the equipment,

(b) examine the milk in the farm holding tank for undesirable odours and for physical defects or other objectionable matter,

(c) if the agitator in the farm holding tank is running when he enters the milk house

(i)  record the time and permit agitation to continue for at least an additional 5 minutes, and

(ii)  immediately take a sample of the milk when the agitation stops, as required by paragraphs (h), (i) and (j),

(d) if the agitator is not running when he enters the milk house and if the milk has passed the preliminary examination required under paragraph (b), take a reading,

(e) before any reading is taken,

(i)  ensure that the measuring rod is the correct one for that holding tank,

(ii)  remove the measuring rod from the milk, cleanse and rinse it with hot water and thoroughly dry it with a clean tissue or paper towel,

(iii)  ensure that the milk surface is completely still and remains so during the taking of the reading,

(iv)  reinsert the measuring rod carefully and slowly, taking care not to penetrate foam,

(v)  ensure that the rod is seated properly,

(vi)  give the head of the rod a light tap and remove hand momentarily,

(vii)  withdraw the measuring rod slowly so that any disturbance of the milk surface is minimized in case a remeasurement is necessary, and

(viii)  read the measurement of the milk as indicated by the milk surface line to the nearest one thirty-second of an inch or the nearest millimetre without interpolating,

(f) record the measurement of the milk in terms of the measuring rod or gauge reading and, by reference to the conversion chart posted on the milk house wall, record the corresponding volume in litres,

(g) immediately following the recording of the measurement, take and record the temperature of the milk in the farm holding tank,

(h) after the milk has been agitated for a least 5 minutes in the farm holding tank, take a sample of not less than 100 ml obtained in approximately proportionate amounts from several locations within the tank using a sanitized dipper that has been rinsed in the milk prior to sampling,

(i) add the sample to an approved clearly identified pre-sanitized single use container,

(j) tightly close the sample container,

(k) take such other samples as may be required by an inspector or the dairy plant licensee to whom the milk is consigned,

(l) enter in triplicate on record forms the following information:

(i)  the measurement and volume recorded;

(ii)  the name or adequate identification of the owner of the milk;

(iii)  the name of the dairy plant licensee purchasing the milk;

(iv)  the time and date of pickup;

(v)  the temperature of the milk;

(vi)  the signature of the tank milk receiver;

(vii)  where appropriate, remarks concerning any unusual occurrence or situation during the course of the pickup,

(m) leave the milk in the farm holding tank where, in his opinion, that milk

(i)  is abnormal in odour, contains excessive sediment, objectionable matter or physical defects of any kind, or is not consistent with good quality milk, and

(ii)  would, if transferred into the tank truck, be of detriment to the milk in the tank truck or to subsequent transfers of other milk into the tank truck,

(n) issue a rejection slip in triplicate where he leaves milk in the farm holding tank in compliance with paragraph (m), stating on the slip the reasons for rejection, leaving the original copy with the owner, the second copy with the dairy plant licensee and keeping the third copy available for at least 3 months for examination by an inspector,

(o) after transferring the milk from the farm holding tank and disconnecting the hose

(i)  rinse the inner surfaces of all parts of the farm holding tank with cold or lukewarm water,

(ii)  remove litter of any kind resulting from the milk pickup,

(iii)  wash and rinse down the drain any spillages that are on the outer surface of the holding tank or the milk house floor,

(p) switch off the lights, and the compressor in the case of a direct expansion farm holding tank, when leaving the milk house and close the door and the hose port of the milk house,

(q) carefully store and transport samples, maintaining them at a temperature between freezing point and 4° C until they are delivered to a responsible person at the dairy plant to which the milk is consigned, and

(r) where samples of the milk are not obtained, notify the producer of the milk and the management of the dairy plant to which the milk is consigned, giving the reasons for not obtaining samples.

 Section 58 (2) (m) (i) and (ii), and (m.1) were added by BC Reg 197/2011, effective February 1, 2012.

 Section 58 (3) was added by BC Reg 197/2011, effective February 1, 2012.

 Section 58 (2) (m) (ii) BEFORE amended by BC Reg 37/2012, effective March 8, 2012.

(ii)  would, if transferred into the tank truck, be of detriment to the raw milk in the tank truck or to subsequent transfers of other raw milk into the tank truck;

 Section 58 (2) (m.1) (i) BEFORE amended by BC Reg 37/2012, effective March 8, 2012.

(i)  the temperature of the raw milk is less than 1°C or more than 4°C,

 Section 58 (2) (n) BEFORE amended by BC Reg 37/2012, effective March 8, 2012.

(n) issue a rejection slip in triplicate where he leaves milk in the farm holding tank in compliance with paragraph (m), stating on the slip the reasons for rejection, leaving the original copy with the owner, the second copy with the dairy plant licensee and keeping the third copy available for at least 3 months for examination by an inspector;

 Section 58 (3) (e) added by BC Reg 259/2013, effective December 12, 2013.

 Section 59 BEFORE amended by BC Reg 197/2011, effective February 1, 2012.

 Measuring milk from farm holding tanks

59  (1)  Every person who takes and records the volume of milk from farm holding tanks shall, so far as may be appropriate, do so by following the procedures set out in section 58.

(2)  The variation between

(a) the total volume of milk recorded by the licensed tank milk receiver on bulk milk receipts, and

(b) the corresponding total volume of milk received at the dairy plant and determined at the direction of an inspector, shall not exceed a tolerance of plus or minus 0.5% of the total volume of milk recorded by the licensed tank milk receiver on bulk milk receipts.

(3)  The volume of each producer's shipment shall be recorded by the dairy plant from the bulk milk receipt supplied by the tank milk receiver.

 Section 59 (2) and (3) BEFORE amended by BC Reg 37/2012, effective March 8, 2012.

(2)  The variation between

(a) the total volume of raw milk recorded by the licensed tank raw milk receiver on bulk raw milk receipts, and

(b) the corresponding total volume of raw milk received at the dairy plant and determined at the direction of an inspector, shall not exceed a tolerance of plus or minus 0.5% of the total volume of raw milk recorded by the licensed tank raw milk receiver on bulk raw milk receipts.

(3)  The volume of each producer's shipment shall be recorded by the dairy plant from the bulk raw milk receipt supplied by the tank raw milk receiver.

 Section 59.1 was enacted by BC Reg 197/2011, effective February 1, 2012.

 Section 60 and 61 BEFORE repealed by BC Reg 197/2011, effective February 1, 2012.

 Cream samples from cans

60  (1)  No person shall take samples of cream in a dairy plant other than

(a) a dairy plant process worker who is licensed or an inspector, and

(b) in accordance with the procedures set out in subsection (2).

(2)  A person who takes samples of cream in a dairy plant shall

(a) stir each can of cream thoroughly with a rinsed stirring rod until a homogenous mixture is obtained,

(b) grade the cream by taste using a suitable spoon or spatula after each can is stirred,

(c) take a sample of not less than 50 ml from each can,

(d) deposit each sample separate in its own sample bottle,

(e) ensure that each sample bottle is a clean, dry, wide mouth sample bottle,

(f) sample each can shipped by a producer separately where that producer ships more than one can, making individual samples for each of those cans,

(g) place the sample bottles in numerical order in sample cases to ensure each producer's samples are identifiable at all times,

(h) identify the first bottle in each sample case with the sample number, day and month, and

(i) cover the sample bottles with waterproof material and store them away from heat, freezing conditions, condensation and water before and after testing.

(3)  No dairy plant process worker shall, in taking samples under the procedures in this section, take or keep time composite samples of cream.

 Weighing canned cream

61  (1)  The dairy plant licensee shall ensure that each cream shipment received at his dairy plant from a producer is weighed and recorded in accordance with the procedures set out in subsection (2).

(2)  The person who takes and records the weight of a cream shipment received at a dairy plant from a producer shall

(a) use a platform scale that is regularly checked and approved by the federal Department of Consumer and Corporate Affairs (Weights and Measures),

(b) record each weight to the nearest 500 grams,

(c) weigh each individual can in the shipment,

(d) record the gross weight, the tare weight and the net weight of each individual can in the shipment, and

(e) record the total net weight for all of the cream that is received from a producer and contained in the same shipment.

 Part 4, division 1.2, heading "Testing" was added by BC Reg 197/2011, effective February 1, 2012.

 Section 62 (1) and (5) BEFORE amended by BC Reg 197/2011, effective February 1, 2012.

(1)  The dairy plant licensee shall ensure that each milk shipment and each cream shipment received at his dairy plant from a producer is sampled and tested in accordance with the procedures set out in this section.

(5)  The results of an infra-red milk analysis shall constitute the official test on which payment is made under section 8 or under any appropriate order of the Milk Board.

 Section 62 (2) BEFORE repealed by BC Reg 197/2011, effective February 1, 2012.

(2)  The analyst who tests a cream shipment received at a dairy plant from a producer shall

(a) within 48 hours of taking samples as required by section 60, prepare samples of cream and immediately test those samples for fat by the Babcock Method as outlined in the Standard Methods and by other tests necessary for discovery of inhibitors and other contaminants,

(b) store the tested samples under refrigeration for at least 2 days after testing, and

(c) within 15 days of the tests, report to the producer of the cream that is sampled and tested the results of the milkfat tests.

 Section 62(3) (b) BEFORE amended by BC Reg 176/2015, effective September 22, 2015.

(b) prepared from samples taken in the manner by section 58, and

 Section 63 BEFORE repealed by BC Reg 197/2011, effective February 1, 2012.

 Sediment in milk and cream

63  (1)  The dairy plant licensee shall ensure that milk received at his dairy plant from a producer is sampled and tests made for sediment by or under the direction of an inspector.

(2)  The person who makes the tests for sediment in milk that is in farm holding tanks, weigh tanks or other holding tanks or who tests for sediment in other bulk milk supplies shall use the Mixed Sample Method as outlined in the Standards Methods.

(3)  Under the direction of an inspector, milk received by a dairy plant licensee at his dairy plant from a producer or another dairy plant licensee may be rejected where the milk contains 1.0 mg or more of sediment in a mixed sample.

(4)  Photographs of standards for the grading of sediment discs, prepared by the American Public Health Association, may be used as a guide for determination of sediment content.

 Section 67 BEFORE amended by BC Reg 197/2011, effective February 1, 2012.

 Acidity of milk and cream

67  To determine the acidity of milk or cream, the dairy plant licensee shall cause a sample of the milk or cream to be analysed as outlined in the latest edition of Standard Methods.

 Part 4, division 3, sections 69 to 75 BEFORE repealed by BC Reg 197/2011, effective February 1, 2012.

Division 3 - Grading of Cream

 Grading of cream — general

69  (1)  The dairy plant licensee shall ensure that cream is graded under the standards set out in this Division within 2 hours of the arrival of the cream at his dairy plant.

(2)  No standards other than those set out in this Division shall be applied, advertised or otherwise held out to be applied in the grading of the cream by a dairy plant licensee purchasing the cream.

(3)  Every licensee for the operation of a dairy plant where cream is purchased and received shall cause a copy of the standards set out in this Division to be posted in a conspicuous place at that dairy plant.

 Grading of table cream

70  (1)  Table cream includes any lot of cream that is

(a) non-frozen,

(b) sweet and clean in flavour and odour, and

(c) produced on an approved dairy farm.

(2)  The acidity of table cream shall not be more than 17/100 of 1% at the time of grading at the dairy plant.

 Premium cream

71  (1)  Premium cream includes any lot of cream that is non-frozen and which is sweet and clean in flavour and odour.

(2)  The acidity of premium cream shall not be more than 17/100 of 1% at the time of grading at the dairy plant.

 Special grade cream

72  (1)  Special grade cream includes any lot of cream that is clean in flavour and odour and which is of uniform consistency and suitable for making finest quality butter.

(2)  The acidity of special grade cream shall not be more than 30/100 of 1% at the time of grading at the dairy plant.

 First grade cream

73  (1)  First grade cream

(a) includes any lot of cream that is clean in flavour and odour and which is of uniform consistency and suitable for making first grade butter, and

(b) does not include any cream that is curdy, lumpy, bitter, stale, musty, metallic, unclean or objectionable in flavour or odour.

(2)  The acidity of first grade cream shall not be made more than 60/100 of 1% at the time of grading at the dairy plant.

 Grading of no grade cream

74  (1)  No grade cream includes any lot of cream that

(a) is unclean, mouldy or mildewed,

(b) has a kerosine, gasoline, stinkweed or onion flavour or odour or any similar objectionable flavour or odour, or

(c) has an acidity of more than 60/100 of 1% at the time of grading at the dairy plant.

(2)  No dairy plant licensee shall accept or grade at his dairy plant

(a) no grade cream, or

(b) cream that contains insects, vermin or other objectionable substance or material.

 Designated abbreviations for grades

75  No person shall use or permit or cause the use of any abbreviation for the purpose of designating any of the grade descriptions under sections 70 to 73 other than the following:

(a) "T" for table cream;

(b) "Pr" for premium cream;

(c) "Sp" for special grade;

(d) "1" for first grade.

 Section 76 (2) BEFORE repealed by BC Reg 197/2011, effective February 1, 2012.

(2)  A tank milk receiver who rejects milk in a farm holding tank shall do so in accordance with section 58 (2) (n).

 Section 77 BEFORE amended by BC Reg 197/2011, effective February 1, 2012.

 Milk to be rejected

77  (1)  Milk taken from cattle within 3 weeks before, or during the first 3 days after, parturition shall be deemed to be unsanitary or of abnormal composition and shall not be sold or offered for sale.

(2)  Where milk is found to be adulterated, contaminated or contain excessive amounts of sediment or to be of abnormal composition, the dairy plant licensee or tank milk receiver may reject it or leave it in the farm holding tank.

 Section 78 (1),(3) and (4) BEFORE amended by BC Reg 197/2011, effective February 1, 2012.

(1)  A purchaser or consignee who is supplied with milk by a producer shall examine or cause to be examined, on at least 3 occasions during each 3 month period, representative samples of the milk before supplying, selling or offering it for sale in fluid form.

(3)  The director may require a test for water dilution in conjunction with a test required by this section.

(4)  The samples shall be taken by a tank milk receiver, an inspector or by licensed dairy plant personnel.

 Section 78 (6) BEFORE amended by BC Reg 37/2012, effective March 8, 2012.

(6)  Where a test is made by an employee or agent of the purchaser or consignee of the milk, the purchaser or consignee shall provide the results of the tests to the producer and to the Animal Industry Branch, Health Management and Regulation without delay.

 Section 78 BEFORE re-enacted by BC Reg 259/2013, effective December 12, 2013.

 Milk tests by purchaser or consignee

78  (1)  A purchaser or consignee who is supplied with milk by a producer shall examine or cause to be examined, on at least 3 occasions during each 3 month period, representative samples of the milk.

(2)  The examination required by subsection (1) shall

(a) be in addition to examination required by section 76 (1),

(b) be conducted before the milk has been pasteurized with respect to each supply of milk shipped by a producer, and

(c) include a test for bacterial content.

(2.1)  Each examination required by this section must include a test of somatic cell content and a test for the presence of inhibitors.

(3)  An inspector may require a test for water dilution in conjunction with a test required by this section.

(4)  The samples shall be taken by a bulk tank milk grader, an inspector or by licensed dairy plant personnel.

(5)  All required tests other than those conducted under section 76 (1) shall be carried out by an analyst.

(6)  Where a test is made by an employee or agent of the purchaser or consignee of the milk, the purchaser or consignee shall provide the results of the tests to the producer and to an inspector without delay.

(7)  Where a test is made by the ministry, the minister shall provide the results of the test without delay to the producer and to the dairy plant licensee to whom the milk was consigned.

(8)  A person owning or managing a dairy plant shall keep the results of tests made under this section and make them available on request by the producers of the milk.

[am. B.C. Regs. 83/92, s. 3; 7/99, ss. (a) to (c); 197/2011, ss. 40 and 48; 37/2012, s. 20.]

 Section 78 (6) (d) BEFORE amended by BC Reg 176/2015, effective September 22, 2015.

(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.

 Section 78.1 was enacted by BC Reg 259/2013, effective December 12, 2013.

 Section 84 (4) BEFORE amended by BC Reg 197/2011, effective February 1, 2012.

(4)  All openings to the outside, and elsewhere in the dairy plant as may be required, shall be effectively screened or provided with doors or with other effective means to eliminate dust, insects, flies, rodents and animals.

 Section 85 (5) (a) BEFORE amended by BC Reg 197/2011, effective February 1, 2012.

(a) where dairy products are exposed, hygienically cover his hair, including beard where appropriate, and

 Section 87 (1) BEFORE amended by BC Reg 197/2011, effective February 1, 2012.

(1)  An adequate supply of hot and cold potable water shall be available in the dairy plant for maintaining the standards of cleanliness required by the Act and this regulation.

 Section 94 (b) BEFORE repealed by BC Reg 197/2011, effective February 1, 2012.

(b) be clarified, filtered and strained before the milk is pasteurized.

 Section 94 BEFORE re-enacted by BC Reg 37/2012, effective March 8, 2012.

 Clarification, filtration and straining of milk

94  All milk shall

(a) be clarified or filtered after its receipt at the dairy plant where it is to be pasteurized.

(b) Repealed. [B.C. Reg. 197/2011, s. 52.]

[am. B.C. Reg. 197/2011, s. 52.]

 Section 98 BEFORE amended by BC Reg 197/2011, effective February 1, 2012.

 Pest control program

98  Every dairy plant licensee shall ensure that an efficient and adequate pest control program is maintained at all times at his dairy plant.

 Section 105 (3) BEFORE amended by BC Reg 197/2011, effective February 1, 2012.

(3)  When a seal on a recorder controller or on a milk pump is broken or removed, the operator in charge of that equipment shall immediately notify the nearest Dairy Branch office.

 Section 112 BEFORE re-enacted by BC Reg 197/2011, effective February 1, 2012.

 Interpretation

112  For the purposes of this Part, "producer's milk" means milk produced on the dairy farm of a producer and offered for sale, placed on consignment for sale, sold, supplied or distributed by the producer.

[en. B.C. Reg. 83/92, s. 4.]

 Section 112.1 (2) and (2.1) BEFORE amended by BC Reg 80/2010, effective March 25, 2010.

(2)  For the purposes of this Part, a producer's milk contains excessive bacteria where it is determined, by each of 2 successive examinations conducted under section 78, to have a bacterial count in excess of 50 000 colonies per millilitre.

(2.1)  If an examination of a producer's milk shows a bacteria count in excess of 50 000 colonies a millilitre, a further examination of the producer's milk must take place between 10 and 14 calendar days following that examination.

 Section 112.1 BEFORE re-enacted by BC Reg 197/2011, effective February 1, 2012.

 Quality standards for milk

112.1  (1)  No producer's milk shall

(a) contain excessive bacteria,

(b) contain an inhibitor,

(c) be diluted by the addition of water, or

(d) contain an excessive number of somatic cells.

(2)  For the purposes of this Part, a producer's milk contains excessive bacteria where it is determined, by each of 2 successive examinations conducted under section 78, to have a bacterial count in excess of either 50 000 living bacteria per millilitre (standard plate count) or 121 000 total individual bacteria per millilitre (bacterial cell count).

(2.1)  If an examination of a producer's milk shows a bacterial count in excess of either 50 000 living bacteria per millilitre (standard plate count) or 121 000 total individual bacteria per millilitre (bacterial cell count), a further examination of the producer's milk must take place between 10 and 14 calendar days following that examination.

(3)  For the purposes of this Part, a producer's milk contains an excessive number of somatic cells where it is determined to contain, by any one examination conducted under section 78

(a) after March 31, 1992, more than 750 000 somatic cells per millilitre,

(b) after March 31, 1993, more than 700 000 somatic cells per millilitre,

(c) after March 31, 1994, more than 650 000 somatic cells per millilitre,

(d) after March 31, 1995, more than 600 000 somatic cells per millilitre,

(e) after March 31, 1996, more than 550 000 somatic cells per millilitre, and

(f) after March 31, 1997, more than 500 000 somatic cells per millilitre.

[en. B.C. Reg. 83/92, s. 4; am. B.C. Regs. 431/93, s. 1; 7/99, s. (d); 80/2010.]

 Section 112.1 (1) and (2) table item 4 BEFORE amended by BC Reg 37/2012, effective March 8, 2012.

(1)  A producer must ensure that the producer's milk does not exceed the measurements specified in Column 2 in the Table opposite each raw milk standard in Column 1 of the Table.

Raw Milk Standards
ItemColumn 1
Raw Milk Standard
Column 2
Measurement
4Water dilution(a) cryoscopy temperature reading in raw milk from cows and water buffalo: ≤ 0.525 Hortvet representing 3.7% water dilution
(b) cryoscopy temperature reading in raw milk from goats and sheep: ≤ 0.520 Hortvet representing 3.7% water dilution

 Section 112.1, item 3 of table BEFORE amended by BC Reg 138/2016, effective June 10, 2016.

3Inhibitorsquantities equal to or exceeding the maximum residue permitted for veterinary drugs under the Food and Drugs Act (Canada) or none if there is no maximum residue limit under the Food and Drugs Act (Canada)

 Sections 112.2 to 112.5 were enacted by BC Reg 197/2011, effective February 1, 2012.

 Sections 112.2 (b) BEFORE amended by BC Reg 37/2012, effective March 8, 2012.

(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 carried out if only one of the other examinations in that month or the preceding 11 calendar months indicated that the producer's milk violated the excessive bacteria 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 carried out if 2 or more of the other examinations in that month or the preceding 11 calendar months indicated that the producer's milk violated the excessive bacteria standard, and

 Section 112.2 BEFORE amended by BC Reg 259/2013, effective December 12, 2013.

 Penalties — excessive bacteria count

112.2  Subject to sections 115.2 and 116, if an examination indicates that the bacterial count in a producer's milk violates the excessive bacteria standard,

(a) the producer will receive a warning from an inspector if examinations in that month or the preceding 11 calendar months did not indicate that the producer's milk violated the excessive bacteria 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 carried out if only one other examination in that month or the preceding 11 calendar months indicated that the producer's milk violated the excessive bacteria 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 carried out if 2 or more other examinations in that month or the preceding 11 calendar months indicated that the producer's milk violated the excessive bacteria 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 that month or the preceding 11 calendar months indicated that the producer's milk violated the excessive bacteria standard.

[en. B.C. Reg. 197/2011, s. 54; am. B.C. Reg. 37/2012, s. 23.]

 Sections 112.3 (b) BEFORE amended by BC Reg 37/2012, effective March 8, 2012.

(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 carried out if only one of the other examinations in that month or the preceding 11 calendar months indicated that the producer's milk violated the excessive somatic cell 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 carried out if 2 or more of the other examinations in that month or the preceding 11 calendar months indicated that the producer's milk violated the excessive somatic cell standard, and

 Section 112.3 BEFORE amended by BC Reg 259/2013, effective December 12, 2013.

 Penalties — excessive somatic cells

112.3  Subject to sections 115.2 and 116, if an examination indicates that the somatic cell count in the producer's milk violates the excessive somatic cell standard,

(a) the producer will receive a warning from an inspector if examinations in that month or the preceding 11 calendar months did not indicate that the producer's milk violated the excessive somatic cell 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 carried out if only one other examination in that month or the preceding 11 calendar months indicated that the producer's milk violated the excessive somatic cell 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 carried out if 2 or more other examinations in that month or the preceding 11 calendar months indicated that the producer's milk violated the excessive somatic cell 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 that month or the preceding 11 calendar months indicated that the producer's milk violated the excessive somatic cell standard.

[en. B.C. Reg. 197/2011, s. 54; am. B.C. Reg. 37/2012, s. 23.]

 Sections 112.4 (1) (a) BEFORE amended by BC Reg 37/2012, effective March 8, 2012.

(a) 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 carried out if examinations in that month or the 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 was carried out if only one of the other examinations in that month or the 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 was carried out if 2 or more of the other examinations in that month or the preceding 11 calendar months indicated that the producer's milk violated the inhibitor standard, and

 Section 112.4 BEFORE re-enacted by BC Reg 259/2013, effective December 12, 2013.

 Penalties — inhibitors

112.4  (1)  Subject to sections 115.2 and 116, if an examination indicates that the producer's milk violated the inhibitor standard, the producer

(a) 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 carried out if other examinations in that month or the 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 was carried out if only one other examination in that month or the 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 was carried out if 2 or more other examinations in that month or the preceding 11 calendar months indicated that the producer's milk violated the inhibitor standard, and

(b) 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 indicates that the producer's milk violates the inhibitor standard, the producer must not distribute, sell or offer for sale producer's milk until a subsequent examination indicates that the producer's milk no longer violates the inhibitor standard.

[en. B.C. Reg. 197/2011, s. 54; am. B.C. Reg. 37/2012, s. 24.]

 Sections 112.5 (2) (a) BEFORE amended by BC Reg 37/2012, effective March 8, 2012.

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

 Sections 112.5 (2) (b) (i) and (ii) BEFORE amended by BC Reg 37/2012, effective March 8, 2012.

(i)  an administrative penalty equal to the product of

(A)  the gross value of the milk supplied by the producer in the calendar month in which the examination indicated that the producer's milk violated the water dilution standard, and

(B)  the additive factor

if no other examination in that month or the preceding 11 calendar months indicated that the producer's milk violated the water dilution standard, or

(ii)  an administrative penalty equal to twice the product of

(A)  the gross value of the milk supplied by the producer in the calendar month in which the examination indicated that the producer's milk violated the water dilution standard, and

(B)  the additive factor

if one or more examinations in that month or the preceding 11 calendar months indicated that the producer's milk violated the water dilution standard, and

 Section 112.5 BEFORE re-enacted by BC Reg 259/2013, effective December 12, 2013.

 Penalties — water dilution

112.5  (1)  In this section, "additive factor" means, if a sample of a producer's milk is determined to have been diluted by the addition of water, as indicated in an examination, the percentage of the sample that is determined to be added water.

(2)  Subject to sections 115.2 and 116, if an examination indicates that the producer's milk violates the water dilution standard,

(a) the producer will receive a warning letter from an inspector if other examinations in that month or the 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 the product of

(A)  the gross value of the milk supplied by the producer in the calendar month in which the examination indicated that the producer's milk violated the water dilution standard, and

(B)  the additive factor

if one other examination in that month or the preceding 11 calendar months indicated that the producer's milk violated the water dilution standard, or

(ii)  an administrative penalty equal to twice the product of

(A)  the gross value of the milk supplied by the producer in the calendar month in which the examination indicated that the producer's milk violated the water dilution standard, and

(B)  the additive factor

if 2 or more examinations in that month or the 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 of one or more of the other examinations in that month or the preceding 11 calendar months indicated that the producer's milk violated the water dilution standard.

[en. B.C. Reg. 197/2011, s. 54; am. B.C. Reg. 37/2012, s. 25.]

 Section 113 to 115.1 BEFORE repealed by BC Reg 197/2011, effective February 1, 2012.

 Excessive bacteria

113  (1)  Subject to sections 115.2 and 116 (2), where it has been determined, by 2 successive examinations as required by section 112.1 (2), that a producer's milk has excessive bacteria, the producer

(a) is liable to receive a written warning if, in the 165 days immediately preceding the first of those 2 examinations, the producer's milk had not been determined under section 112.1 (2) to contain excessive bacteria,

(b) shall pay a penalty equal to 1% of the gross value of all milk supplied by the producer during the calendar month in which the second of those 2 examinations occurred if, in the 165 days immediately preceding the date of the second of those 2 examinations, the producer's milk had once been determined under section 112.1 (2) to contain excessive bacteria,

(c) shall pay a penalty equal to 2% of the gross value of all milk supplied by the producer during the calendar month in which the second of those 2 examinations occurred if, in the 165 days immediately preceding the date of the second of those 2 examinations, the producer's milk had twice been determined under section 112.1 (2) to contain excessive bacteria, or

(d) shall pay a penalty equal to 4% of the gross value of all milk supplied by the producer during the calendar month in which the second of those 2 examinations occurred if, in the 165 days immediately preceding the date of the second of those 2 examinations, the producer's milk had 3 or more times been determined under section 112.1 (2) to contain excessive bacteria.

(2)  For the purposes of this section and sections 112.1 (2) and 116, an examination conducted under section 78 may be counted as both the second examination in a set of 2 successive examinations referred to in section 112.1 (2), and the first examination in the next set of 2 successive examinations.

[en. B.C. Reg. 83/92, s. 4.]

 Inhibitor

114  Subject to sections 115.2 and 116 (2), where it is determined by an examination conducted under section 78 that a producer's milk contains an inhibitor, the producer shall pay

(a) a penalty equal to 2% of the gross value of all milk supplied by the producer during the calendar month in which the examination is made if the producer's milk had not been determined to contain an inhibitor by any of the other examinations conducted in that or the preceding 11 calendar months under section 78,

(b) a penalty equal to 4% of the gross value of all milk supplied by the producer during the calendar month in which the examination is made if the producer's milk had been determined to contain an inhibitor by only one of the other examinations conducted in that or the preceding 11 calendar months under section 78, or

(c) a penalty equal to 8% of the gross value of all milk supplied by the producer during the calendar month in which the examination is made if the producer's milk had been determined to contain an inhibitor by 2 or more of the other examinations conducted in that or the preceding 11 calendar months under section 78.

[en. B.C. Reg. 83/92, s. 4.]

 Diluted milk

115  (1)  In this section "additive factor" means, where a sample of a producer's milk is determined to have been diluted by the addition of water contrary to section 112.1 (1) (c), the percentage of the sample that is determined to be added water.

(2)  Subject to sections 115.2 and 116 (2), where it is determined that a producer's milk has been diluted by the addition of water contrary to section 112.1 (1) (c), the producer shall pay

(a) a penalty equal to the product of the gross value of all milk supplied by the producer in the calendar month in which the determination is made multiplied by the additive factor if the producer's milk had not been determined to have been diluted contrary to section 112.1 (1) (c) on any other occasion in that or the preceding 11 calendar months, or

(b) a penalty equal to twice the product of the gross value of all milk supplied by the producer in the calendar month in which the determination is made multiplied by the additive factor if the producer's milk had been determined to have been diluted contrary to section 112.1 (1) (c)

(i)  on only one other occasion in that or the preceding 11 calendar months, or

(ii)  on 2 or more other occasions in that or the preceding 11 calendar months.

[en. B.C. Reg. 83/92, s. 4; am. B.C. Reg. 431/93, s. 2.]

 Excessive somatic cells

115.1  Subject to sections 115.2 and 116 (2), where it is determined by an examination conducted under section 78 that a producer's milk has excessive somatic cells, the producer

(a) is liable to receive a written warning if the producer's milk had not been determined to contain excessive somatic cells by any of the other examinations conducted in that or the preceding 11 calendar months under section 78,

(b) shall pay a penalty equal to 2% of the gross value of all milk supplied by the producer during the calendar month in which the examination is made if the producer's milk had been determined to contain excessive somatic cells by only one of the other examinations conducted in that or the preceding 11 calendar months under section 78, or

(c) shall pay a penalty equal to 4% of the gross value of all milk supplied by the producer during the calendar month in which the examination is made if the producer's milk had been determined to contain excessive somatic cells by 2 or more of the other examinations conducted in that or the preceding 11 calendar months under section 78.

[en. B.C. Reg. 83/92, s. 4.]

 Section 115.2 BEFORE amended by BC Reg 197/2011, effective February 1, 2012.

 Maximum penalty

115.2  The maximum administrative penalty payable by a producer under section 112.2, 112.3, 112.4 or 112.5 is 5 cents for every litre of milk placed on consignment for sale, sold, supplied or distributed by the producer in the calendar month in respect of which the penalty amount is calculated.

[en. B.C. Reg. 83/92, s. 4.]

 Section 116 BEFORE re-enacted by BC Reg 197/2011, effective February 1, 2012.

 Suspension of certificate of approval

116  (1)  In this section and section 116.2, "suspension level determination" means a determination

(a) that a producer's milk contains excessive bacteria, that would, but for subsection (3), oblige a producer to pay a penalty under section 113 (1) (c) or (d),

(b) that a producer's milk contains an inhibitor, that would, but for subsection (3), oblige a producer to pay a penalty under section 114 (c), or

(c) that a producer's milk is diluted by water, that would, but for subsection (3), oblige a producer to pay a penalty under section 115 (2) (b) (ii).

(2)  The certificate of approval of a producer is suspended and may be removed from the dairy farm of a producer

(a) if a suspension level determination is made in respect of the producer's milk and if, in the period composed of the calendar month in which the determination is made and the 18 calendar months immediately preceding that calendar month, 2 other suspension level determinations had been made in respect of the producer's milk, or

(b) if the producer's milk is determined to have excessive somatic cells and if, before that determination, in the period composed of the calendar month in which the determination is made and the 12 calendar months immediately preceding that calendar month, the producer's milk had, by 2 determinations in respect of which penalties under section 115.1 (c) were payable, been determined to contain excessive somatic cells.

(3)  No penalty is payable in respect of a determination that a producer's milk contains excessive bacteria, contains an inhibitor, has been diluted by water or contains excessive somatic cells where the determination is the immediate cause of a suspension under this section.

(4)  Where a certificate of approval is suspended under subsection (2), a notice of suspension of that certificate shall be posted inside the milk house on the dairy farm of the producer.

[en. B.C. Reg. 83/92, s. 4.]

 Sections 116 (1) (c) BEFORE amended by BC Reg 37/2012, effective March 8, 2012.

(c) if an examination indicates that the producer's milk violates the inhibitor standard, and if, before that examination, in the period composed of the calendar month in which the examination was carried out and the 11 calendar months immediately preceding that calendar month, the producer had to pay 2 or more administrative penalties under section 112.4 or received 3 or more notices of violation under section 112.4;

 Section 116 BEFORE amended by BC Reg 259/2013, effective December 12, 2013.

 Suspension of certificate of approval

116  (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, before that examination, in the period composed of the calendar month in which the examination was carried out and the 11 calendar months immediately preceding that calendar month, 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 standards, and if, before that examination, in the period composed of the calendar month in which the examination was carried out and the 11 calendar months immediately preceding that calendar month, 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 indicates that the producer's milk violates the inhibitor standard, and if, before that examination, in the period composed of the calendar month in which the examination was carried out 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, before that examination, in the period composed of the calendar month in which the examination was carried out and the 11 calendar months immediately preceding that calendar month, 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.

(2)  No administrative penalty is payable and an inspector must not send a notification of violation in respect of an examination that indicates that a producer's milk violates one of the raw milk standards set out in section 112.1 if that determination is the immediate cause of a suspension under this section.

(3)  If an inspector suspends a certificate of approval under this section, the inspector must send a notice of suspension to the producer and the producer must post the notice in the milk house on the dairy farm of the producer.

[en. B.C. Reg. 197/2011, s. 56; am. B.C. Reg. 37/2012, s. 26.]

 Section 116.1 (1) BEFORE amended by BC Reg 197/2011, effective February 1, 2012.

(1)  A suspension under section 116 takes effect at the time that the certificate of approval is removed from the producer's dairy farm by an inspector.

 Section 116.2 BEFORE amended by BC Reg 197/2011, effective February 1, 2012.

 Removal of suspension

116.2  (1)  In this section "unfulfilled standards" means, in respect of the quality standards set for milk by section 112.1 (1),

(a) the standard, the breach of which was the immediate cause of a suspension under section 116 (2), and

(b) if the certificate of approval was suspended under section 116 (2) (a), any other standards that were determined to have been breached by the suspension level determinations referred to in section 116 (2) (a).

(2)  A suspension imposed under section 116 shall be lifted and the certificate of approval reinstated on the later of

(a) the date on which it is determined, by tests conducted at a laboratory designated by the minister under section 25 of the Act, that milk produced on the dairy farm of the producer after the date on which the suspension took effect meets the requirements of section 112.1 in respect of the unfulfilled standards, and

(b) the date that is 4 days after the date on which the suspension took effect.

(3)  After a suspension is lifted under subsection (2), the reinstated certificate of approval shall be returned to the producer and must be posted as required under section 45 (1).

[en. B.C. Reg. 83/92, s. 4.]

 Sections 116.2 BEFORE re-enacted by BC Reg 37/2012, effective March 8, 2012.

 Removal of suspension

116.2  (1)  In this section:

"suspension level determination" means an examination that indicates

(a) that a producer's milk violates the excessive bacteria standard that would, but for section 116 (3), oblige a producer to pay a penalty under section 112.2 (b) or have resulted in an inspector sending a notification of violation under section 112.2 (c),

(b) that a producer's milk violates the inhibitor standard that would, but for section 116 (3), oblige the producer to pay a penalty under section 112.4 (a) or have resulted in an inspector sending a notification of violation under section 112.4 (1) (b), or

(c) that a producer's milk violates the water dilution standard that would, but for section 116 (3), oblige the producer to pay a penalty under section 112.5 (2) (a) or have resulted in an inspector sending a notification of violation under section 112.5 (2) (b);

"unfulfilled standards" means, in respect of the raw milk standards under section 112.1 (1),

(a) the standard, the breach of which was the immediate cause of a suspension under section 116 (2) (i), and

(b) if the certificate of approval was suspended under section 116 (2) (a) (i), any other standards that were determined to have been breached by the suspension level determinations referred to in section 116 (2) (a).

(2)  A suspension imposed under section 116 shall be lifted and the certificate of approval reinstated on the later of

(a) the date on which it is determined, by tests conducted at a laboratory designated by the minister under section 25 of the Act, that milk produced on the dairy farm of the producer after the date on which the suspension took effect meets the requirements of section 112.1 in respect of the unfulfilled standards, and

(b) the date that is 4 days after the date on which the suspension took effect.

(3)  After a suspension is lifted under subsection (2), the inspector must send the producer a certificate of approval and the producer must

(a) post the certificate of approval as required under section 45 (1), and

(b) return to the inspector the certificate of approval that had been suspended.

[en. B.C. Reg. 83/92, s. 4; am. B.C. Reg. 197/2011, s. 58.]

 Section 117 and 118 BEFORE re-enacted by BC Reg 197/2011, effective February 1, 2012.

 Notice of penalty

117  (1)  A notice signed by the director or by a laboratory supervisor of the ministry, respecting a penalty payable under this Part shall be conclusive proof that the penalty is due and payable and correct as to its amount.

(2)  Every notice issued under subsection (1) shall, at the request of the producer, be endorsed "paid" when the penalty stated in it is paid into the fund established under section 41 of the Act.

[am. B.C. Reg. 83/92, s. 5.]

 Procedure for dealing with penalties for infractions

118  (1)  Where a producer is subject to a penalty under this Part, the dairy plant licensee to whom the producer supplies milk shall deduct that penalty from the money due from him to the producer and pay it to the treasurer of the fund committee for payment into the Dairy Products Promotional Fund under section 124 (2) (c) (ii), not later than the 19th day of the month following that for which the penalty was deducted.

(2)  Where the dairy plant licensee cannot deduct the penalty under subsection (1) because insufficient money is owed by him to the producer, the producer shall pay the penalty to the treasurer of the Dairy Products Promotional Fund Committee.

 Part 8, sections 119 to 129 BEFORE repealed by BC Reg 197/2011, effective February 1, 2012.

Part 8 - Dairy Products Promotional Fund

 Interpretation

119  In this Part:

"contributing producer" means a producer who is contributing to the promotion fund;

"member" means member of the promotion fund committee;

"promotion fund" means the Dairy Products Promotional Fund;

"promotion fund committee" means the Dairy Products Promotional Fund Committee.

[am. B.C. Reg. 98/83.]

 Continuation of promotion fund and promotion fund committee

120  (1)  The promotion fund established under B.C. Reg. 214/68 is continued and confirmed.

(2)  The minister is authorized to appoint and re-appoint persons for the purposes of managing and administering the promotion fund, and the promotion fund committee established for those purposes under B.C. Reg. 214/68 is continued and confirmed.

[am. B.C. Reg. 98/83.]

 Structure of promotion fund committee

121  (1)  The promotion fund committee shall consist of

(a) Repealed. [B.C. Reg. 18/2003, s. (a).]

(b) the director who shall act as secretary, and

(c) the chairman of the milk board who shall act as treasurer.

(2)  The director and the chairman of the milk board shall be ex officio members.

(3)  Repealed. [B.C. Reg. 18/2003, s. (a).]

[am. B.C. Regs. 98/83; 18/2003, s. (a).]

 Repealed

122  Repealed. [B.C. Reg. 18/2003, s. (a).]

 Duties of the promotion fund committee

123  The promotion fund committee shall, for the effective promotion of dairy products in British Columbia,

(a) carry out research, consumer education, public relations, advertising and related matters, and

(b) retain professional and technical assistance as may be necessary to deal with matters arising under paragraph (a).

[am. B.C. Reg. 98/83.]

 Duties of secretary and treasurer

124  (1)  The secretary shall keep minutes in books kept for the purpose

(a) of the names of the members present at each meeting of the promotion fund committee or one of its sub-committees,

(b) of resolutions and proceedings of all meetings of the promotion fund committee or one of its sub-committees, and

(c) of accounts approved for payment of expenses, goods or services.

(2)  The treasurer shall

(a) establish and maintain a bank trust account in favour of the promotion fund committee to be known as the promotion fund,

(b) establish and maintain accounts, books and records for the management of the promotion fund,

(c) deposit into the promotion fund

(i)  Repealed. [B.C. Reg. 18/2003, s. (a).]

(ii)  all penalties received under section 118, and

(iii)  any other sums contributed to the promotion fund, and

(d) pay out of the promotion fund in accordance with section 128.

[am. B.C. Regs. 98/83; 18/2003, s. (a).]

 Approving of accounts and signing

125  (1)  The promotion fund committee shall approve all accounts for

(a) goods and services rendered,

(b) travel, board and lodging of members, and

(c) day to day administrative costs of managing and administering the promotion fund

before those accounts are paid or settled.

(2)  No cheque shall be drawn on the bank trust account for a payment out of the promotion fund unless it bears the signature of the treasurer and one other member designated by the promotion fund committee for the purpose of co-signing the cheques.

(3)  The promotion fund committee shall submit to the treasurer all approved accounts for payment out of the promotion fund.

[am. B.C. Reg. 98/83.]

 Repealed

126  Repealed. [B.C. Reg. 18/2003.]

 Constitution of the promotion fund

127  All monies standing to the credit of the bank trust account established and maintained by the treasurer under section 124 (2) (a) shall constitute the promotion fund.

[am. B.C. Reg. 98/83.]

 Payments out

128  (1)  The treasurer shall not make any payment out of the promotion fund until that payment is approved by the promotion fund committee.

(2)  The treasurer shall pay out of the promotion fund each payment that is approved by the promotion fund committee within a reasonable time of its approval.

(3)  Payments out of the promotion fund may be made for

(a) any matter arising under section 123, and

(b) accounts that are approved under section 125.

(c) Repealed. [B.C. Reg. 18/2003, s. (a).]

(4) and (5)  Repealed. [B.C. Reg. 18/2003, s. (a).]

[am. B.C. Regs. 273/82, s. 1; 98/83; 449/90, s. 2; 492/94, s. 1; 18/2003, s. (a).]

 Annual audit and budget

129  (1)  An auditor shall, each year, audit the bank trust accounts, books, other accounts and records relating to the promotion fund and, where the minister is of the opinion that the auditor's report for any year is unsatisfactory in any respect, a further audit shall be made by a different auditor.

(2)  At the conclusion of each fiscal year, the treasurer shall prepare a statement respecting the receipts and disbursements of the promotion fund committee making it available to all vendors and through them to all contributing producers.

(3) and (4)  Repealed. [B.C. Reg. 18/2003, s. (a).]

[am. B.C. Regs. 98/83; 18/2003, s. (a).]

 Schedule B BEFORE re-enacted by BC Reg 197/2011, effective February 1, 2012.

Schedule B

[en. B.C. Reg. 188/91; am. B.C. Regs. 413/92; 430/93; 492/94, s. 2; 474/98, s. (a); 10/2002, ss. (a) and (b); 18/2003, s. (a).]

Fees

Column 1Column 2
Dairy Plant Process Worker Licence$20.00
Tank Milk Receiver Licence$20.00
Repealed. [B.C. Reg. 18/2003, s. (a).] 

 Schedules C, D and E BEFORE repealed by BC Reg 197/2011, effective February 1, 2012.

Schedule C

Dimensions for Stanchion Tie Stalls for Dairy Cattle

Animal WeightStall Platform WidthStall Platform Length
kg Without TrainersWith Trainers
360102 cm137 cm147 cm
450112 cm142 cm152 cm
550122 cm152 cm162 cm
635132 cm162 cm172 cm
725142 cm172 cm182 cm

Schedule D

Loose Housing

Loose housing resting areas should provide 5.5 sq. m of floor area per head for milking cows.

Schedule E

1 — Free Stall Dimensions for Dairy Cattle

Cattle
Housed
Stall
Width
Stall Length Including Heel Curb
  Stalls with Earth
Floor
Stalls with Paved
 Elevated Floor
Calves, 3 to 6 months68 cm122 cm114 cm
Calves, 6 to 10 months81 cm152 cm145 cm
Heifers, 10 months to 2 years107 cm206 cm198 cm
Heifers or Cows, 360 kg average107 cm213 cm206 cm
Cows, 450 kg average114 cm221 cm213 cm
Cows, 550 kg average114 cm229 cm221 cm
Cows, 635 kg average122 cm229 cm221 cm

2 — Alley Width in Free Stall Barns — (minimum)

Stalls per RowAlley Width
 Solid FloorsSlotted Floors or Automatic
Reciprocating Scraper
up to 5215 cm215 cm
6 to 16250 cm215 cm
17 to 36300 cm250 cm

 Schedule F BEFORE re-enacted by BC Reg 197/2011, effective February 1, 2012.

Schedule F

[en. B.C. Regs. 83/92, s. 7; 4/2010, s. 3]

Form 1

[Section 43]

CrestProvince of
British Columbia
Ministry of Agriculture and Lands

MILK INDUSTRY ACT

CERTIFICATE OF APPROVAL
DAIRY FARM

This is to certify that the dairy farm located at

.....................................................................................................................................................................................
(House Number)(Road)(Municipality or District)

is classified as an approved dairy farm, and the milk produced hereon may be sold or supplied to a licensed dairy plant for processing.

 Shipper
Owner or Operator ...............................................................  Number................................................................

Postal Address............................................................... ............................................................... Postal Code

Your attention is drawn to section 4, Milk Industry Act2:

"No person shall sell, offer for sale or supply milk in fluid form unless the dairy
 farmer of the dairy farm on which the milk is produced is the holder of a subsisting
 certificate under section 32."

Date..............................................  Signed........................................................................................................
ISSUED FREE                    (Inspector)

Form 2

[Section 50]

CrestProvince of
British Columbia
Ministry of Agriculture and LandsNo.

LICENCE

ISSUED TO:

LICENSED AS A ____________________________________________ IN THE PROVINCE OF BRITISH COLUMBIA PURSUANT TO THE PROVISIONS OF THE MILK INDUSTRY ACT AND AMENDMENTS.

FEE  RESTRICTIONS

Date...............................................................  ........................................................................................................
  (DAIRY PROGRAM AUTHORIZED OFFICIAL)

THIS LICENCE EXPIRES DECEMBER 31, 20 __

Forms 3 to 6

Repealed. [B.C. Reg. 83/92, s. 7]

2.R.S.B.C. 1979, c. 258, ss. 3 and 4 are now R.S.B.C. 1996, c.289, ss. 4 and 5.

 Schedule F, Form 1 (part) BEFORE amended by BC Reg 4/2010, effective January 14, 2010.

CrestProvince of
British Columbia
Ministry of Agriculture and Food

 Schedule F, Form 2 (part) BEFORE amended by BC Reg 4/2010, effective January 14, 2010.

CrestProvince of
British Columbia
Ministry of Agriculture and FoodNo.

 Schedule F, Form 2 BEFORE amended by BC Reg 37/2012, effective March 8, 2012.

Form 2

(section 47 (2) )

 Schedule F, Form 3 BEFORE amended by BC Reg 37/2012, effective March 8, 2012.

Form 3

(Section 48 (3) )