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S.M. 1996, c. 36
THE DAIRY ACT
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THE DAIRY ACT
(Assented to November 19, 1996)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"analyst" means a person appointed or designated as an analyst under section 6; (« analyste »)
"dairy animal" means a cow, goat, sheep or other species of animal kept for the production of milk; (« animal laitier »)
"dairy farm" means a place where dairy animals used for the production of milk are kept; (« ferme laitière »)
"dairy plant" means an establishment in which a dairy product is manufactured, pasteurized or processed, or in which a dairy product is received for the purpose of selling or transporting it to another establishment for any of those purposes; (« usine laitière »)
"dairy product" means milk, raw milk, reconstituted milk, butter, cheese, yogurt, condensed milk, evaporated milk, milk powder, dry milk, ice cream, malted milk, sherbet or any other food product manufactured wholly or mainly from milk; (« produit laitier »)
"director" means the person appointed under The Civil Service Act as the director for the purpose of this Act; (« directeur »)
"inspector" means a person appointed or designated as an inspector under section 6; (« inspecteur »)
"licence", except in clauses 18(1)(f) and (o), means a licence to operate a dairy plant issued under this Act; (« permis »)
"milk" means the normal lacteal secretion obtained from the mammary gland of a dairy animal; (« lait »)
"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)
"person" includes a partnership and an unincorporated association of persons; (« personne »)
"place" includes a vehicle or other conveyance; (« lieu »)
"substitute dairy product" means a food product that may be substituted for a dairy product and that is designated as a substitute dairy product in the regulations. (« succédané de produit laitier »)
Reference to "Act" includes regulations
A reference to "this Act" includes the regulations made under this Act.
LICENCE TO OPERATE A DAIRY PLANT
Licence to operate dairy plant
No person shall operate a dairy plant unless the person holds a licence to do so issued under this Act.
An application for a licence must be made to the director and must contain the information and be accompanied by the fee and any documentation required by the regulations.
The director may issue or refuse to issue a licence.
The director may issue a licence to an applicant if
(a) the applicant meets the requirements for a licence provided for in the regulations; and
(b) the proposed dairy plant meets the design, construction, equipment and operating requirements of the regulations.
The director may, when issuing a licence under this section or by written notice at any time, impose on the licence any terms and conditions that the director considers appropriate.
A licence is valid for the term provided for in the regulations.
A licence is not transferable.
If the director refuses to issue a licence, the director shall give the applicant a written notice of the refusal, which must give reasons for the refusal.
Suspension or cancellation of licence
The director may suspend or cancel a licence by giving a written notice of suspension or cancellation to the holder of the licence, with reasons, if the director is satisfied that
(a) the holder of the licence has failed to comply with this Act or a term or condition of his or her licence; or
(b) the suspension or cancellation is authorized for another reason specified in the regulations.
A person whose application for a licence is refused or whose licence is suspended or cancelled may appeal the refusal, suspension or cancellation by filing a notice of appeal with the minister within 30 days after the person is notified of the refusal, suspension or cancellation.
The minister shall appoint an appeal board within 30 days after a notice of appeal is filed, and the board is to consist of not less than three and not more than five persons to hear the appeal.
The minister shall designate one of the members of the appeal board to be its chairperson.
The minister may pay reasonable fees and expenses to the members of the appeal board.
The minister may specify the time within which the appeal board is to hear the appeal and give a decision, and may extend that time.
On concluding the appeal, the appeal board may
(a) confirm the refusal to issue or the suspension or cancellation of a licence; or
(b) direct that the application for a licence be approved or reinstate a suspended or cancelled licence, subject to any terms and conditions that the appeal board considers appropriate.
The appeal board shall, in writing, promptly notify the minister and the appellant of its decision.
Appointment of inspectors and analysts
The minister may appoint any person as an inspector or analyst for the purpose of this Act.
The minister may, on such terms and conditions as the minister may specify, designate any qualified person or class of persons to act as an inspector or analyst in relation to any matter referred to in the designation.
Inspectors and analysts are to be provided with certificates, in a form established by the minister, certifying their appointment or designation, and on entering any place under this Act, an inspector or analyst shall show the certificate to the person in charge of the place if the person requests proof of the appointment or designation.
For the purposes of this Act, the minister may enter into an agreement with any qualified person or an organization for the performance of such duties or functions under this Act as the minister may specify, on such terms and conditions as the minister may specify.
An agreement may authorize any qualified person or organization to keep any fees, charges or costs they are entitled to recover under section 16 and use them, among other things, to defray the costs of performing the duties and functions specified in the agreement.
No person shall obstruct or hinder, or make a false or misleading statement to, an inspector who is carrying out duties or functions under this Act.
The owner or person in charge of a place referred to in section 9 and every person found in that place shall give the inspector all reasonable assistance to enable the inspector to carry out his or her duties and shall furnish the inspector with any information the inspector may reasonably require.
An inspector may, at any reasonable time and where reasonably required to determine compliance with this Act,
(a) stop any vehicle or enter and inspect any place in which the inspector believes on reasonable grounds there is a dairy product or other thing in respect of which this Act applies;
(b) open any container that the inspector believes on reasonable grounds contains any dairy product or other thing in respect of which this Act applies;
(c) examine any dairy product or other thing and conduct any tests or analyses or take any samples;
(d) take photographs of the place and any equipment located in that place or any other thing; and
(e) require any person to produce for inspection or copying any record or other document that the inspector believes on reasonable grounds contains any information relevant to the administration of this Act.
When an inspector signals or requests a person driving a vehicle to stop, the person shall immediately bring the vehicle to a stop and shall not proceed until permitted to do so by the inspector.
Use of data processing system and copying equipment
In carrying out an inspection at any place under this section, an inspector may
(a) use a data processing system at the place to examine any data contained in or available to the system;
(b) reproduce any record from the data in the form of a print-out or other intelligible output and take the print-out or other output for examination or copying; and
(c) use any copying equipment at the place to make copies of any record or other document.
An inspector may remove any records or documents that he or she is entitled to examine or copy or otherwise reproduce but shall give a receipt to the person from whom they were taken and promptly return them on completion of the examination.
Warrant to enter a dwelling place
An inspector may not enter a dwelling place except with the consent of the occupant or under the authority of a warrant.
A justice who is satisfied by information on oath that
(a) the conditions for entry described in section 9 exist in relation to a dwelling place;
(b) entry to the dwelling place is necessary for a purpose relating to the administration of this Act; and
(c) entry to the dwelling place has been refused or there are reasonable grounds to believe that entry will be refused;
may at any time issue a warrant authorizing the inspector and any other person named in the warrant to enter the dwelling place, subject to any conditions that may be specified in the warrant.
A justice who is satisfied by information on oath that there are reasonable grounds to believe that
(a) an offence under this Act has been committed; and
(b) there is to be found in any place a dairy product or other thing that will afford evidence in respect of the commission of an offence;
may at any time issue a warrant authorizing an inspector and any other person named in the warrant to enter and search the place for the dairy product or other thing, and to seize and detain it.
An inspector and any other person named in the warrant may use whatever reasonable force is necessary to execute the warrant and may call on a police officer for assistance in executing the warrant.
An inspector who executes a warrant may seize and detain, in addition to a dairy product or other thing mentioned in the warrant, any dairy product or other thing which the inspector believes on reasonable grounds is being used to commit the offence or which is evidence of the offence.
An inspector may exercise any of the powers mentioned in this section without a warrant if the conditions for obtaining a warrant exist but, by reason of exigent circumstances, it would not be practical to obtain a warrant.
A dairy product or other thing seized and detained under section 11 may be stored by an inspector, or by a person designated by an inspector, in the place where it was seized or it may, at the inspector's discretion, be removed to any other place for storage.
An inspector who seizes a perishable dairy product or other thing may dispose of or destroy it and any proceeds realized from its disposition, with interest to be paid at a rate fixed from time to time by the Lieutenant Governor in Council, shall be held pending the outcome of the proceedings.
Disposal of products after proceedings
When proceedings in respect of a seized dairy product or other thing have been finally resolved,
(a) if the accused has been convicted, the court may order the dairy product or other thing, or the proceeds of sale and accumulated interest referred to in subsection (2), forfeited to the Crown; and
(b) if the court does not order forfeiture, the dairy product or other thing, or the proceeds of sale and accumulated interest referred to in subsection (2), shall be turned over or paid to the person who is lawfully entitled to possess it or them.
Disposal of forfeited products
A dairy product or other thing that has been ordered to be forfeited under clause (3)(a) shall be disposed of as directed by the director.
An inspector acting in the course of his or her duties who believes on reasonable grounds that a dairy product is unfit for human consumption may, whether or not the product has been seized, by written order, require the owner or person in possession of the product to destroy it, and the person to whom the order is given shall comply with the order.
An inspector acting in the course of his or her duties who believes on reasonable grounds that this Act has been contravened in respect of a dairy product or substitute dairy product may, whether or not the product has been seized, by written order, require the owner or person in possession of it not to remove it from the place in which it is contained until the expiration of such time as may be necessary, or the performance of such remedial action as may be necessary, to make the product comply with this Act, and the person to whom the order is given shall comply with the order.
Order to cease or limit operations
If the director is satisfied that a dairy plant or dairy farm is not being operated in compliance with this Act and that there is an immediate threat to public safety, the director may, by written notice to the operator of the dairy plant or dairy farm, order the operator to cease operations in the dairy plant or dairy farm, or to limit them as the director determines, for 15 days or less.
An order made under subsection (1) takes effect on the day the operator receives notice of it.
An operator to whom an order is given under subsection (1) shall comply with it.
In any prosecution or proceeding under this Act, a certificate or report of the director or an inspector or analyst purporting to have been signed by the director or inspector or analyst, is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, is proof of the matters asserted in it.
Recovery of fees, charges and costs
The government, and any person who has entered into an agreement with the minister under section 7, may recover from a person referred to in subsection (2) any prescribed fees or charges and any costs incurred by the government or the other person in relation to anything required or authorized under this Act, including, but not limited to,
(a) the inspection, sampling, testing or analysis of a place, dairy product or other thing, or the storage, removal, disposal or return of a dairy product or other thing, required or authorized under this Act; and
(b) the forfeiture, disposal, seizure or detention of a dairy product or other thing under this Act.
The fees, charges and costs are recoverable jointly and severally from the owner or occupier of the place or the owner of the dairy product or other thing and from the person having the possession, care or control of it immediately before its inspection, detention, forfeiture, sampling, testing, analysis, storage, removal, return or disposal or, in the case of a dairy product or other thing seized under this Act, immediately before its seizure.
Any fees, charges or costs that are recoverable by the government or a person who has entered into an agreement with the minister under section 7 may be recovered as a debt due.
A person who contravenes any provision of this Act is guilty of an offence and liable on summary conviction,
(a) in the case of an individual, to a fine of not more than $20,000., or to imprisonment for a term of not more than six months, or both; and
(b) in the case of a corporation, to a fine of not more than $50,000.
A prosecution under this Act may be commenced not later than two years after the commission of the alleged offence.
Directors and officers of corporations
When a corporation is guilty of an offence, a director or officer of the corporation who authorized, permitted or acquiesced in the offence is also guilty of the offence and is liable on summary conviction to the penalty for the offence provided for in this section.
The minister may make regulations
(a) governing the design, construction and operation of dairy plants;
(b) governing the equipment and facilities to be used, the procedures to be followed, and standards to be maintained in dairy plants;
(c) for the purpose of clause 3(2)(a), respecting the requirements an applicant must meet for a licence to operate a dairy plant;
(d) respecting the quality of milk supplied to or received by a dairy plant, and prohibiting the supply or receipt of milk that is not produced, handled, stored or transported in accordance with the regulations;
(e) respecting the types of dairy and non-dairy products that may be manufactured in a dairy plant;
(f) requiring dairy farms to be licensed or registered under this Act, and respecting all matters related to such licensing or registration;
(g) governing the design, construction and operation of dairy farms, including equipment used on dairy farms;
(h) respecting the types of animals that may be kept in a dairy barn, milk house or milking parlour;
(i) respecting the health of dairy animals;
(j) respecting feed sources, feed ingredients and other substances fed to dairy animals;
(k) respecting the transportation of dairy products, including the design, construction and operation of conveyances used to transport dairy products;
(l) respecting the storage and handling of dairy products, including the design, construction and operation of places, receptacles, tanks and equipment used for storing and handling dairy products;
(m) respecting the sampling, testing, analysing and grading of dairy products;
(n) providing for the issuance of certificates respecting grades;
(o) respecting the licensing of persons who
(i) receive, sample, test or grade a dairy product,
(ii) perform cleaning, sanitizing or any other duties related to the production, transporting or processing of dairy products,
and respecting all matters related to such licensing;
(p) respecting the responsibilities of persons referred to in clause (o);
(q) respecting the health, hygiene requirements and work practices of persons involved in the production, processing and transportation of milk and dairy products;
(r) respecting the records to be kept by operators of dairy plants, or by other persons to whom this Act applies, and the manner in which they are to be kept and the reports, returns and information to be submitted to the director;
(s) establishing standards of composition, quality and safety for dairy products;
(t) respecting the marking, labelling and packaging of dairy products;
(u) governing and prohibiting the distribution and sale of unpasteurized dairy products;
(v) governing and prohibiting the distribution and sale of milk, partly skimmed or wholly skimmed, that is reconstituted in whole or in part from milk powder;
(w) respecting the addition to or removal from milk of any substance, matter or thing that may be specified in the regulations;
(x) providing for measures, including destruction, to be taken respecting any dairy product that
(i) is, or is suspected on reasonable grounds of being, injurious to health, or
(ii) does not comply with, or is suspected on reasonable grounds of not complying with, the requirements of this Act;
(y) respecting the quality, formulating, processing, packaging, keeping for sale, selling, distributing, purchasing and receiving of dairy products and ingredients for dairy products;
(z) providing for the approval of laboratories for the purpose of testing dairy products and respecting the equipment, personnel and procedures for testing products in such laboratories;
(aa) designating products as substitute dairy products;
(bb) respecting substitute dairy products;
(cc) establishing procedures for the effective recall of dairy products that have been distributed but are suspected on reasonable grounds of being injurious to health;
(dd) prescribing any fees or charges, or the manner of calculating any fees or charges, required for carrying out the purposes and provisions of this Act;
(ee) exempting or excluding any person, dairy plant, dairy farm, dairy product or any class of any of them from the application of all or any part of this Act;
(ff) defining any word or expression used but not defined in this Act;
(gg) respecting any matter necessary or advisable to carry out the purpose of this Act effectively.
A regulation under this section may be general or particular in its application.
A regulation under this section may adopt by reference any code or standard, in whole or in part or with modifications, and the code or standard may be adopted as amended or replaced from time to time.
REPEAL AND COMING INTO FORCE
The Dairy Act, R. S. M. 1987, c. D10, is repealed.
This Act may be referred to as chapter D10 of the Continuing Consolidation of the Statutes of Manitoba.
This Act comes into force on a day fixed by proclamation.