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“Point in Time” Act Content

MILK INDUSTRY ACT

[RSBC 1996] CHAPTER 289

NOTE: Links below go to act content as it was prior to the changes made on the effective date. (PIT covers changes made from September 6, 2000 to present)
SECTIONEFFECTIVE DATE
1January 1, 2004
 May 7, 2004
 June 2, 2011
 June 2, 2011
 June 2, 2011
3June 2, 2011
 June 2, 2011
4January 19, 2015
7September 15, 2010
 June 2, 2011
8December 1, 2007
10March 31, 2009
11June 2, 2011
12June 2, 2011
22May 7, 2004
23May 7, 2004
24May 7, 2004
 May 7, 2004
25June 2, 2011
31May 7, 2004
33December 1, 2007
34December 1, 2007
35December 1, 2007
40May 7, 2004
 June 2, 2011
 June 2, 2011
 June 2, 2011
 June 2, 2011
 June 2, 2011

  Section 1 definition of "municipality" BEFORE repealed by 2003-52-437 effective January 1, 2004 (BC Reg 465/2003, repealing BC Reg 428/2003).

"municipality" includes a village municipality;

  Section 1 definition of "imitation milk product" BEFORE repealed by 1997-9-1(a)(part) effective May 7, 2004 (BC Reg 205/2004).

"imitation milk product" means any food substance other than milk or a manufactured milk product, of whatever origin, source or composition, that is manufactured for human consumption and for the same use as or in semblance of milk or a manufactured milk product, and that is manufactured wholly or partly from any fat or oil other than that of milk;

  Section 1 definitions of "cattle" and "raw milk" BEFORE repealed by 2011-13-1 effective June 2, 2011 (Royal Assent).

"cattle" means cows and goats;

"raw milk" means milk that has not been pasteurized;

  Section 1 definitions of "bulk tank milk grader" and "dairy animal" were added by 2011-13-1 effective June 2, 2011 (Royal Assent).

  Section 1 definitions of "dairy farm", "milk", "producer vendor"and "qualifying milk" BEFORE amended by 2011-13-1 effective June 2, 2011 (Royal Assent).

"dairy farm" means a place where cattle are kept for milking;

"milk" means milk obtained from cattle, and includes cream;

"producer vendor" means any person who distributes milk produced by his or her own cattle, but does not include a partnership, corporation or cooperative association owning or controlling more than 2 dairy farms on which qualifying milk is produced;

"qualifying milk" means milk that

(a) is produced on an approved fluid milk dairy farm or an approved raw milk dairy farm certified as such, and

(b) meets the standards for such milk prescribed by regulation under this Act;

  Section 3(1)(a) BEFORE amended by 2011-13-2 effective June 2, 2011 (Royal Assent).

(a) maintain on the farmer's farm suitable milk houses, housing for cattle, a sufficient supply of pure water, facilities for providing a sufficient supply of hot water and sufficient facilities for cooling milk, and

  Section 3(2) BEFORE amended by 2011-13-2 effective June 2, 2011 (Royal Assent).

(2)  A dairy farmer must not deliver or sell milk from any cattle that is suffering from any disease.

  Section 4(1) BEFORE amended by 2014-16-112 effective January 19, 2015 (BC Reg 7/2015).

(1) On proof of compliance by a dairy farmer with this Act and the regulations, the Animal Contagious Diseases Act (Canada), the Animal Disease Control Act, and the regulations under those Acts, an inspector may issue to the dairy farmer a certificate setting out that the farm is an approved dairy farm for the purpose stated in the certificate.

  Section 7(2)(part) BEFORE amended by 2010-15-96 effective September 15, 2010 (BC Reg 205/2010).

(2)  As many of the inspectors as the minister considers advisable must be veterinary surgeons.

  Section 7 BEFORE amended by 2011-13-3 effective June 2, 2011 (Royal Assent).

 Inspectors

7  (1)  There must be in the ministry an adequate staff of inspectors with the powers and duties under the Animal Disease Control Act and under this Act assigned to them by the minister.

(2)  As many of the inspectors as the minister considers advisable must be individuals who are authorized under the Veterinarians Act to practise veterinary medicine.

(3)  The minister may designate other persons as inspectors under this Act, and the designation may be in general terms or for any particular case.

  Section 8(1) (part) BEFORE amended by 2007-14-212,Sch effective December 1, 2007 (BC Reg 354/2007).

are considered by the minister or the minister's authorized representative to be the equivalent of standards required under this Act and the regulations.

  Section 10(1) BEFORE amended by 2008-28-152 effective March 31, 2009 (BC Reg 49/2009).

(1)  A person suffering from or recovering from or who has knowingly been exposed to any infectious or contagious disease must not, within a time prescribed by the regulations under the Health Act, work or assist on or in any dairy farm or any premises where any milk, reconstituted milk or manufactured milk products is or are obtained, produced, handled, supplied, offered for sale or sold.

  Section 11 (1) BEFORE amended by 2011-13-4 effective June 2, 2011 (Royal Assent).

(1)  For the purpose of subsections (2) and (3), "milk house" means any place or building to which milk has been removed after extraction from the cattle.

  Section 12 BEFORE amended by 2011-13-5 effective June 2, 2011 (Royal Assent).

 Licences

12  (1)  In accordance with standards and qualifications established by the regulations, the minister may issue

(a) licences to persons for the operation of dairy plants, and

(b) licences to dairy plant personnel entitling them to be classed as such.

(2)  The minister may suspend or cancel licences issued under subsection (1).

  Section 22 BEFORE re-enacted by 1997-9-9 effective May 7, 2004 (BC Reg 205/2004).

 Prohibition against sale of certain milk

22  (1)  A person must not sell, offer for sale or supply any of the following:

(a) milk diluted with water, or in any way adulterated or contaminated, or any milk to which fat other than milk fat or to which any drug has been added;

(b) any milk to which flavouring or colouring matter, preservative or any chemical substance or vitamin additive of any kind has been added, except in compliance with the Food and Drugs Act (Canada) and with the approval of the ministry;

(c) any milk produced by cattle that is diseased at the time the milk is produced.

(2)  Determination of compliance with this section must be based on adequate tests approved by the minister and performed by an inspector or other person designated by the minister.

  Section 23 BEFORE repealed by 1997-9-10 effective May 7, 2004 (BC Reg 205/2004).

 Imitation milk products prohibited

23  (1)  A person must not sell, offer for sale or have in possession for sale any imitation milk product other than

(a) oleomargarine, or

(b) classes of products such as toppings, spreads and beverage whiteners that the minister may exempt from classification as an imitation milk product.

(2)  A person must not, within any premises where food prepared for human consumption is sold or served or made available, sell, offer for sale or serve any imitation milk product unless a notice is posted on every menu or on a sign or label prominently displayed, that imitation milk products are used on the premises.

(3)  A person must not do any of the following:

(a) use any of the words "milk", "cream", "butter" or "cheese" or the name or description of any derivative of them, to designate an imitation milk product;

(b) use a word, trade mark, term or picture portraying or referring to any aspect of the dairy industry in or with the designation of an imitation milk product;

(c) use a dairy product in the preparation of an imitation milk product unless an exemption permit is obtained from the minister.

  Section 24(1) and (3) BEFORE repealed by 1997-9-11(a) effective May 7, 2004 (BC Reg 205/2004).

(1)  A person must not sell, offer for sale or supply a dairy product that has in any way been adulterated or contaminated or to which any drug or any fat other than milk fat has been added.

(3)  Determination of compliance with this section must be based on adequate tests approved by the minister and performed by an inspector or other person designated by the minister.

  Section 24(2) BEFORE amended by 1997-9-11(b) effective May 7, 2004 (BC Reg 205/2004).

(2)  Any dairy product found to be adulterated or contaminated or to which any drug or any fat other than milk fat has been added may be

(a) seized by an inspector, who may dispose of the dairy products as directed by the minister,

(b) denatured by the addition of colouring matter or odorous substance by or at the direction of the inspector, or

(c) ordered by the minister or the minister's authorized representative to be withheld from being sold, offered for sale or supplied for a period of time specified in writing.

  Section 25 BEFORE amended by 2011-13-6 effective June 2, 2011 (Royal Assent).

 Testing

25  (1)  If testing is contemplated under section 18, 22 (2) or 24 (3) or by a regulation made under section 40, the minister may designate laboratories to perform any or all of those tests.

(2)  A person who is working at a laboratory designated under subsection (1) is deemed to have been approved by the minister for the purposes of sections 18, 22 (2) and 24 (3).

(3)  Unless no laboratories are designated, tests contemplated under sections 18, 22 (2), 24 (3) and the regulations must only be done in designated laboratories.

  Section 31 BEFORE repealed by 1997-9-15 effective May 7, 2004 (BC Reg 205/2004).

 Adding fats other than milk fat illegal

31  Except as authorized by the regulations, and for the purposes and in the amounts prescribed by the regulations, a person must not add to or combine with any milk or any manufactured milk product any fat or oil other than that of milk.

  Section 33(1) BEFORE amended by 2007-14-215,Sch effective December 1, 2007 (BC Reg 354/2007).

(1)  In any prosecution under this Act or the regulations, a certificate as to the grade of any dairy product signed, or purporting to be signed, by an inspector is evidence of the facts stated in the certificate and conclusive evidence of the authority of the person giving or making the certificate without any proof of appointment or signature.

  Section 34(1) BEFORE amended by 2007-14-215,Sch effective December 1, 2007 (BC Reg 354/2007).

(1)  If a person is convicted of an offence under this Act or the regulations, the milk or manufactured milk products by means of or in relation to which the offence was committed is, on the conviction, forfeited to the government, and may be disposed of as the minister may direct.

  Section 35(1) BEFORE amended by 2007-14-151 effective December 1, 2007 (BC Reg 354/2007).

(1)  Subject to section 36, a person commits an offence if the person obstructs or impedes an inspector under this Act in the performance of any duty imposed on or in the exercise of any power conferred on the inspector by this Act, or any regulation or order made or bylaw passed under this Act.

  Section 40(v) and (w) BEFORE repealed [only repeal, not re-enactment] by 1997-9-21(h)(part) effective May 7, 2004 (BC Reg 205/2004).

(v) prohibiting the sale or offering for sale of any nonmilk product under any name commonly associated with a milk or a manufactured milk product;

(w) defining the circumstances and conditions under which fats or oils other than those of milk may be added to or combined with any milk or manufactured milk product, and the purposes for which and the amounts in which the fats or oils may be added or combined with the milk or manufactured milk product.

  Section 40 (2) BEFORE amended by 2011-13-7 effective June 2, 2011 (Royal Assent).

(2)  Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) establishing standards for approved dairy farms, including, without restriction, standards regarding methods of production;

(b) prescribing the form and content of certificates issued under section 4 and the fees payable for the issue of certificates;

(c) providing for a system of ensuring payment to producers or to other dairy plants by dairy plant licensees for qualifying milk or cream supplied by producers or by other dairy plants to the dairy plant licensee, and in particular

(i)  directing every dairy plant licensee, as a condition of the licence, to pay a fee that is related to the receipt, by the dairy plant licensee, of qualifying milk or cream from producers or from other dairy plants,

(ii)  providing that the fees paid under subparagraph (i) constitute a fund whose maximum and minimum size must be set by the Lieutenant Governor in Council, who may suspend provision of payments into the fund or may reimpose provision of payments according to the amount of money in the fund,

(iii)  providing for procedures for establishing claims against the fund and for payments into and out of the fund,

(iv)  providing for how the fund is to be established, managed and operated, and

(v)  providing for enforcement of the fee assessment and the manner and frequency of payment of fees;

(d) defining the conditions under which reconstituted milk may be sold;

(e) providing that, in emergency circumstances, compliance with the provisions of section 16 (1) is not required, and defining the conditions under which noncompliance may be permitted;

(f) providing for examinations as to competency of dairy plant personnel, the nature and extent of examinations and standards required for the passing of them, the fees to be paid for them, and prescribing the duties to be performed by the dairy plant personnel;

(g) prescribing the qualifications to entitle dairy plant personnel to licences entitling them to be classed as such, providing for classifying licences in accordance with the qualifications of the applicants and the fees to be paid for licences, and providing for their cancellation;

(h) prescribing the standards and their maintenance for barns, loafing barns, sheds, shelters, milk houses, milking parlours, milking rooms, farm tanks and tank trucks, tank trailers and dairy plants, and the equipment and qualifications of personnel requisite for the operation of them, requiring that milk produced be produced, kept, transported, processed, manufactured and pasteurized by and under sanitary and healthful methods and conditions, and providing for the duties of inspectors in relation to any such matters;

(i) providing for the issue of licences to persons operating dairy plants and the term of the licences and the fees to be paid for them;

(j) covering the matters set out in section 6 as they apply to rural areas to be defined in orders in council as milk pasteurization areas;

(k) providing for the suspension and cancellation of any certificate of approval of any dairy farm, and setting the periods within which and the conditions under which a certificate may be suspended, cancelled and reinstated, and the notices to be given in that respect, and the filing of the notices with the ministry and with the board;

(l) providing for the examination of all cattle, the notices to be sent when they are found to be suffering from general or local diseases, and the steps to be taken to ascertain that the cattle are free from disease and the notices to be given in that respect;

(m) providing that milk must not be delivered or sold from any cattle within the time after the cattle has received any veterinary treatment prescribed by the regulations;

(n) providing the maximum bacteria content of dairy products before or at the time of delivery or sale to vendors or consumers;

(o) providing that inspectors may, for the purposes of this Act, enter premises and stop vehicles at any time and take and remove samples of water and milk, reconstituted milk, and manufactured milk products in or on the premises or vehicles, and make tests necessary for the grading and testing set out in the regulations, and for the purpose of making any other tests and examinations that may be necessary in the public interest, and to determine whether the provisions of this Act are being carried out;

(p) providing minimum standards of composition under which dairy products may be offered for sale or sold;

(q) for controlling the quality of milk by

(i)  imposing on and collecting from a producer penalties if milk supplied by the producer does not comply with the prescribed standards of quality for that milk or is produced on premises or with equipment that does not comply with the regulations,

(ii)  prescribing the conditions under which, and the time at which, the penalties are payable,

(iii)  prescribing the amount of the penalties and the method by which they must be calculated, the maximum penalty not to exceed 5¢/litre of milk for a period not exceeding one month, and

(iv)  prescribing that the penalties collected must be applied to the fund established under section 41;

(r) prescribing methods to be followed and equipment to be used in testing, grading, processing, manufacturing and pasteurizing dairy products;

(s) prescribing the basis, whether on butterfat content or otherwise, on which payment must be made for milk or manufactured milk products, and prescribing the books, records and accounts that must be kept, and the accounting that must be made, in respect of the milk or manufactured milk products, and the time or times after their delivery within which grades must be allotted to milk or cream;

(t) prescribing the measures to be taken for preventing contamination in dairy plants;

(u) establishing definitions, standards of quality and composition, grades and grade names for dairy products.

(v) and (w) [Repealed 1997-9-21.]

  Section 40(3)(m) BEFORE amended by 2011-13-8 effective June 2, 2011 (Royal Assent).

(m) providing that packages purporting to contain the milk of a particular breed of cow must contain only milk from registered purebred cows of that breed;

  Section 40(3)(q) BEFORE repealed by 2011-13-8 effective June 2, 2011 (Royal Assent).

(q) defining rural areas known as "milk pasteurization areas", within which milk delivered or sold to consumers must be pasteurized, and making just and equitable provision for the sale of milk from approved raw milk dairy farms in the milk pasteurization areas, and the requirements, restrictions and exceptions under which the raw milk may be sold.

  Section 40(3)(r) was added by 2011-13-8 effective June 2, 2011 (Royal Assent).

  Section 40 (4) was added by 2011-13-9 effective June 2, 2011 (Royal Assent).