as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. D10
The Dairy Act
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"bulk milk cooler" means a stationary farm storage tank maintained in a milkhouse and used for cooling and storing milk for sale and includes fixtures and equipment incidental to the use thereof; ("refroidisseur de lait en vrac")
"cheese factory" means a place where milk from cows or goats is manufactured into cheese; ("fromagerie")
"contaminated milk" means milk or milk product that contains a material, substance or organism that will render it less valuable or unfit for human consumption; ("lait contaminé")
"creamery" means a place where milk or cream from milk is manufactured into butter; ("crémerie")
"cream receiving station" means any place where milk or cream is received, or received and purchased, for the purpose of being transported or forwarded to a dairy plant; ("centre de collecte de la crème")
"dairy farm" means any place where one or more cows or goats are kept, and part or all of the milk produced by those cows or goats is sold, offered for sale or held in possession for sale for human consumption, and includes all buildings, premises and equipment occupied or used in connection with the production of milk; ("ferme laitière")
"dairy plant" means a cheese factory, a creamery, a cream receiving station, a milk condensery, an ice cream plant, a cheese processing plant, a plant where milk or cream is received for the purpose of being pasteurized, homogenized, standardized or otherwise processed for sale to the wholesale or retail trade, or a combination of any two or more of them; ("usine laitière")
"dairy product" means milk, cream, condensed milk, dry milk, evaporated milk, milk powder, butter, cheese, ice cream, ice milk, dried whey, condensed whey, casein, sodium caseinate, yogurt, or any other food substance for human consumption made wholly or mainly from milk but does not include any food substance made wholly or partly from a fat or oil other than butter fat; ("produit laitier")
"director" means the Director of the Animal Industry Branch of The Department of Agriculture; ("directeur")
"imitation dairy product" means any food substance other than a dairy product of whatever origin, source or composition that is
(a) in the semblance of milk, skim milk, dried skim milk, dried whole milk, evaporated milk, cream, whipping cream, cheese, flavoured milk, buttermilk, ice cream or any other dairy product,
(b) manufactured for human consumption, and (c) manufactured wholly or partly from a fat or oil other than butterfat; ("succédané de produit laitier")
"inspector" means a dairy inspector appointed under this Act; ("inspecteur")
"milk" means the normal lacteal secretion obtained from the mammary gland of a cow or goat and includes cream, skim milk and any other portion of milk; ("lait")
"minister" means the Minister of Agriculture; ("ministre")
"process cheese plant" means a place where cheese is received for the purpose of being mixed, pasteurized, or emulsified; ("usine de transformation de fromage")
"3A standards" means those standards as established by the 3A Standards Committee whose members are composed of the International Association of Milk, Food and Environmental Sanitarians, the U.S. Public Health Service, and the Dairy Industry Committee. ("normes 3A")
The minister may appoint such dairy inspectors as may be required to administer and enforce this Act.
The director and the inspectors shall enforce this Act as directed by the minister and shall have such duties, in addition to those herein set out, as the minister may prescribe.
The director and the inspectors shall each, at all reasonable hours, have free access and admission to any dairy plant and everything contained therein or thereon, and also to the premises used by any patron thereof for dairy purposes; and may take samples of milk, cream, butter, cheese, or other dairy product, or of any imitation dairy product, for the purpose of testing or analyzing it, and may examine records relating thereto.
The certificate of the director, or an inspector, or an analyst of a test or analysis of a dairy product or imitation dairy product is evidence of the facts contained therein.
The board known as: "The Manitoba Dairy Board", comprised of five persons appointed as members of the board by the Lieutenant Governor in Council is continued.
The members of the board shall hold office for such terms of office and shall be paid such remuneration as may be fixed by the Lieutenant Governor in Council.
The Lieutenant Governor in Council shall designate one of the members of the board as the chairman thereof and may designate a member of the board as vice-chairman thereof.
The board shall meet at the call of the chairman or on a request of the minister and four members of the board constitute a quorum for the transaction of the business of the board.
The board shall perform such duties and functions as may be given to it under this Act or by the minister.
No person shall
(a) establish a dairy plant in the province; or
(b) enlarge, alter, or newly equip, a dairy plant in such a way as to permit of the manufacture, production, or processing therein of a dairy product additional to those manufactured, produced, or processed therein before the making of the enlargement or alteration or the installation of the new equipment;
unless he has applied to the minister for, and obtained from him, a permit authorizing the establishment or the making of the enlargement or alteration or the installation of the equipment.
The application for a permit and the permit shall be in such form as is prescribed by the minister and the application shall be accompanied by the fee prescribed in the regulations.
Before issuing a permit under subsection (1), the minister shall give public notice that the application has been made, and shall cause the notice to be
(a) mailed to the operator of each dairy plant that operates in the area that, in the opinion of the minister, is the area that would be served by the proposed dairy plant in respect of which the application is made;
(b) published in two issues of The Manitoba Gazette; and
(c) published in such other manner, if any, as he deems advisable.
The minister shall not issue a permit for the establishment of a dairy plant unless The Manitoba Dairy Board certifies to the minister that the proposed plant is desirable, having regard to the volume of production, the marketing facilities, and such other factors as may affect the development of the dairy industry in the district to be served by the proposed plant; and, if the board certifies as aforesaid, the minister may issue the permit.
Where application is made for a permit for the purposes mentioned in clause (l)(b), the minister may refer the application to The Manitoba Dairy Board; and if he does so, the minister shall not issue the permit unless the board certifies as mentioned in subsection (4) with respect to the proposed enlargement or alteration or installation of equipment.
The minister may cancel a permit issued under this section if the plant in respect of which it is issued is not established and in operation within six months after the issue of the permit.
Where the director or an inspector reports to the minister that a dairy plant with respect to which a permit has been issued is not being constructed or equipped in accordance with the provisions of the Act or the regulations, the minister may suspend the permit until the construction or equipping of the plant is made to comply with those provisions.
No person shall operate a dairy plant in Manitoba unless he applies to, and obtains from, the director a licence for the operation thereof.
Where the director is satisfied that the dairy plant is constructed and equipped as prescribed in the regulations, he may in writing issue a licence or conditional licence to the owner thereof to operate the plant.
The minister shall keep a record of every permit and every written authorization issued under section 7 or 8.
Upon the report of the director or an inspector that a dairy manufacturing plant is not complying with this Act or the regulations, the minister may cancel or suspend the permit relating thereto; whereupon no operations shall be carried on therein until he is satisfied that it has been put in compliance with this Act or the regulations.
The owner or other person in charge of a dairy plant shall make such statistical returns, in such form, and at such times, as the minister requires.
Unless it is sold or offered for sale as skim milk, partly skimmed milk, or modified partly skimmed milk, no person shall sell or offer for sale milk for human consumption containing less than
(a) 8 1/4% of solids, not fat; and
(b) 3 1/4% of butter-fat.
No person shall sell or offer for sale skim milk, partly skimmed milk, or modified partly skimmed milk for human consumption containing less than 8 1/4% of solids, not fat.
No person shall sell or offer for sale cream, partly skimmed milk, or modified partly skimmed milk for human consumption as such unless there is printed on the container or container cap a clearly legible statement of the percentage of butter-fat contained therein.
No person shall sell or offer for sale dairy products for human consumption in sealed consumer sized containers unless there is printed on the containers a clearly legible statement showing the percentage of any milk component designated by the Lieutenant Governor in Council that is contained therein.
No person shall store any dairy product on a dairy farm or in a dairy plant, in the same room in which meat, fish, poultry, fruit, or any other substance is stored that is likely to contaminate, or impair the quality of, the dairy product by imparting an odour or flavour to it or in any other way, unless the meat, fish, poultry, fruit, or other substance is and remains while stored, in a frozen state or has been so treated that it may be stored without contaminating or impairing the quality of the dairy product.
The composition of milk supplied to and paid for by the owner or operator of a dairy plant shall be in accordance with tests for composition approved by the Lieutenant Governor in Council.
Cream shall be supplied to and paid for by the owner or operator of a dairy plant on the basis of grade and in accordance with the butter-fat content as determined by the Babcock test, wherein the sample of cream taken for testing shall be weighed into the test bottle and shall weigh 18 grammes, or as determined by any other test approved by the minister.
The owner or operator of a creamery shall keep or cause to be kept a record of all tests made to determine the butterfat content of cream and the director or an inspector has the right to inspect those records during reasonable hours.
The minister may assess each owner of a milk or cream testing apparatus for determining the percentage of butter-fat in milk or cream, subject to inspection under this Act, or of any place in which milk or cream is graded, with his reasonable proportion of the total cost of the services for grading, testing, and weighing, by the inspectors, and shall fix and determine that proportion and the times when it is to be payable and the method by which it is to be paid.
An assessment on an owner is a debt due from the owner to the Crown.
The testing and grading of milk or cream, or the manufacturing of cheese and butter or the operation of a pasteurizer or the receiving of milk, shall be performed or supervised by a person who holds a valid and subsisting licence issued to him for any of those purposes under this Act or the regulations.
Notwithstanding the provisions of any other Act or regulation, every person who operates a dairy farm shall obtain from the director, a registration of the dairy farm under this Act.
No person shall
(a) test and grade milk or cream; or
(b) make or manufacture cheese or butter; or
(c) act as a pasteurizer operator; or
(d) act as a milk receiver;
without first obtaining a licence for the purpose from the director.
The director may issue any of the licences mentioned in subsection (1) to a person applying therefor if
(a) the person pays such fee for the licence as may be prescribed in the regulations; and
(b) the director receives a report from an inspector stating that the person is qualified to hold the licence.
A licence issued under this section may be a first class, second class or temporary licence depending upon the qualifications of the applicant therefor.
Every licence expires on March 31 next following the date of its issue.
Where the director receives a report from an inspector that a licensee or registrant is not carrying out or performing his duties and functions or is not operating a licensed dairy plant, creamery or dairy farm in accordance with the provisions of this Act or the regulations, he may cancel the licence or registration.
Before cancelling a licence or registration under subsection (2) the director shall afford the licensee or registrant a reasonable opportunity to appear before a duly authorized agent of the minister, to show cause why the licence or registration should not be cancelled.
No person or dairy farm shall sell, supply, have in his possession for sale, or send to a dairy plant, or store in a bulk milk cooler
(a) contaminated milk or milk diluted with water or adulterated in any other way: or
(b) milk from which any cream has been taken: or
(c) milk commonly known as skim milk, partly skimmed milk, or modified partly skimmed milk; or
(d) milk to which cream has been added; or
(e) milk or cream to which foreign fat, colouring matter, preservative or other chemical substance of any kind has been added; or
(f) milk taken from a cow or goat that he knows to be diseased at the time the milk is taken from her;
(g) milk which contains an antibiotic or any other substance that inhibits the growth of a bacteria culture.
Clause (l)(c) does not apply to the sale, supply, or sending of skim milk, partly skimmed milk, or modified partly skimmed milk from one dairy plant to another.
No person shall manufacture, sell, offer for sale, or have in his possession for sale, a dairy product that does not comply with the regulations.
No person shall make a false or a misleading claim in any advertisement of, or on the package or wrapper containing, a dairy product.
No person shall, in any advertisement of, or on the package or wrapper containing, a dairy product, make use of a word or term that is descriptive of the quality or alleged quality of the dairy product, unless the word or term is the name of a grade prescribed in the regulations.
Unless the imitation dairy product is exempted from this subsection by the regulations, no person shall manufacture, sell, offer for sale, or have in his possession for sale, an imitation dairy product.
No person shall advertise or describe any food substance for human consumption using the words, milk, cream, cheese, butter or yogurt or any words similar to, in combination with, or in addition to the words milk, cream, cheese, butter or yogurt unless the food substance is a dairy product.
Subsection (1) does not apply where a producer has notified the director or an inspector that milk stored in his bulk milk cooler is not for sale.
No person shall own, operate, manage, have charge of, or be interested in, a cream receiving station for which a permit has not been issued under section 7, and no person shall deliver milk or cream to, or accept milk or cream from, a cream receiving station for which a permit has not been issued under section 7.
During the currency of a licence authorizing a person to act as a creamery butter maker, the minister may, upon receipt of application, grant a written permit to the licensee to transfer or forward any cream or milk purchased at the creamery to another creamery to be manufactured or resold.
A justice who is satisfied by information upon oath that there are reasonable and probable grounds to believe that
(a) an offence against this Act or the regulations has occurred or is occurring; and
(b) there is to be found in any building, receptacle, vehicle, or place in the province a book, record, document, dairy product, imitation dairy product or other thing which affords evidence of the offence;
may at any time issue a warrant authorizing any inspector, together with any peace officer on whom the inspector calls for assistance and such other persons as may be named in the warrant, to enter and search the building, receptacle, vehicle, or place for the thing, and to seize it and bring it before a justice, or report on it to a justice, to be dealt with according to law.
Where an inspector or peace officer believes, on reasonable and probable grounds, that
(a) an offence against this Act or the regulations has occurred or is occurring; and
(b) there is to be found in any vehicle or other conveyance in the province a book, record, document, dairy product, imitation dairy product or other thing which affords evidence of the offence;
and it is not practicable under the circumstances to obtain a search warrant in accordance with subsection (1), the inspector or peace officer may search the conveyance for the thing, and may seize it and bring it before a justice, or report on it to a justice, to be dealt with according to law.
Where a dairy product or alleged imitation dairy product has been seized under subsection (1) or (2), the inspector or peace officer may
(a) in the case of a product seized in a building, seal it and allow it to remain in the building; or
(b) seal it and remove it to a public warehouse or some other suitable building and store it there.
Notwithstanding subsection (3), where a dairy product has been seized under subsection (1) or (2) and the peace officer or inspector reasonably believes that the dairy product will spoil before the conclusion of proceedings in respect of the alleged offence, the peace officer or inspector shall cause the dairy product to be sold and the proceeds held, with interest to be paid thereon at a rate fixed from time to time by the Lieutenant Governor in Council, pending the outcome of the proceedings.
Where proceedings in respect of a seized dairy product have been finally resolved,
(a) if the accused has been convicted, the convicting justice may order the dairy product, or the proceeds of sale and accumulated interest referred to in subsection (4), forfeited to the Crown;
(b) if the accused has been acquitted or the prosecution has not proceeded, the dairy product, or the proceeds of sale and accumulated interest referred to in subsection (4), shall be turned over or paid to the person who is lawfully entitled to possess it or them.
A dairy product which has been ordered to be forfeited under clause (5)(a) shall be disposed of as directed by the minister, but where there is a forfeiture of sale proceeds and accumulated interest, the money shall be turned over to the Minister of Finance to be paid into the Consolidated Fund.
Where proceedings have been finally resolved in respect of an alleged imitation dairy product which has been seized,
(a) if the accused has been convicted, the convicting justice may order the imitation dairy product forfeited to the Crown to be disposed of as the minister directs;
(b) if the accused has been acquitted or the prosecution has not proceeded, the alleged imitation dairy product, or its cash equivalent, shall be turned over to the person lawfully entitled to possess it.
Where, in conducting an inspection under this Act, an inspector discovers an offence against this Act or the regulations in respect of any dairy product, the inspector may order that the dairy product not be removed from the building, receptacle, vehicle or 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 dairy product comply with this Act or the regulations, and the owner or occupier of the building, receptacle, vehicle or place shall comply with the order.
No person shall sell, supply, have in possession for sale or send to a dairy plant milk that
(a) contains any substance, matter or thing prohibited by the regulations; or
(b) contains a substance, matter or thing in excess of the amount thereof permitted by the regulations; or
(c) has any substance, matter or thing removed therefrom contrary to the regulations; or
(d) comes from premises that do not comply with the standards set out in the regulations.
For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations as are ancillary thereto and are not inconsistent therewith; and every regulation made under, and in accordance with the authority granted by, this section, has the force of law; and without limiting the generality of the foregoing, the Lieutenant Governor in Council may make regulations,
(a) respecting the requirements to be complied with in constructing or operating dairy plants and premises thereof, and all types of equipment that may be used therein;
(b) respecting the methods of manufacturing, or in any way dealing with dairy products in dairy plants;
(c) respecting the issuance of permits for dairy plants, the duration, renewal, suspension, and cancellation thereof, and prescribing the manner and form of application and the fee therefor;
(d) respecting the maintenance of sanitary conditions in dairy plants and on dairy farms;
(e) respecting the control of methods, standards, and equipment used in transportation of dairy products from the place where they are produced to a dairy plant or from one dairy plant to another;
(f) respecting the furnishing by the operator of any dairy plant of a surety bond or other security in favour of Her Majesty; and prescribing the form and the amount thereof, either or both of which may differ as between different classes of operators or as between operators within the same class; and prescribing the conditions upon, and the manner in which, the bond or security or penalty or sum payable thereunder shall be forfeited or become due and payable or be realized;
(g) generally respecting the conduct, operation and maintenance of dairy plants, or respecting the transportation of dairy products;
(h) fixing grades, standards, definitions and descriptions of dairy products and imitation dairy products;
(i) providing that the grades, definitions, standards and descriptions be the grades, definitions, standards and descriptions applied or advertised or otherwise held out to be applied in grading dairy products by, in, at, or through a dairy plant in the province;
(j) generally respecting the grading, testing, sampling, and description of dairy products and imitation dairy products, and prescribing the fees therefor;
(k) respecting the methods of storing or handling dairy products and the standards of construction and maintenance of places, receptacles, tanks, and equipment used in or for the storage or handling of dairy products;
(l) respecting the licensing of milk and cream graders and testers, the duration, renewal, suspension, or revocation of the licences, and prescribing the manner and form of application, the examination of applicants, and the fee therefor;
(m) prescribing the manner in which dairy products or packages thereof shall be branded with the grade name and prescribing the brands or marks in addition to the grade name that shall be applied to a dairy product for which a grade name has been established;
(n) prescribing the size, dimensions, and other specifications for packages of dairy products graded under this Act;
(o) providing for the issue of certificates respecting grades of dairy products;
(p) prescribing the form of the various licences issued under the Act or the regulations and any other forms required under the Act;
(q) exempting from the provisions of subsection 20(6) imitation dairy products, or any class or variety thereof or the manufacturer or seller thereof;
(r) respecting the health of persons involved in the production and distribution of milk and dairy products;
(s) respecting the health of animals raised and used for the production of milk;
(t) respecting the sale of pasteurized or unpasteurized milk;
(u) respecting the control and standards of the quality of milk and dairy products;
(v) respecting the addition to or removal from milk of any substance, matter or thing as may be specified in the regulations;
(w) prohibiting by order, in the province or any part of the province, the distribution and sale of milk, partly skimmed or wholly skimmed milk, that is reconstituted in whole or in part from milk powder;
(x) prescribing the manner and conditions of the processing, purchasing, storing, handling, . transporting, delivering, keeping for sale, selling and distribution of milk and milk to be processed into dairy products.
Every person who
(a) refuses to admit the director or an inspector or other officer appointed under this Act or the regulations to any dairy plant or dairy farm that the director, inspector, or officer is entitled to enter; or
(b) obstructs or attempts to obstruct the director or such an inspector or officer in the performance of his duties; or
(c) in any statement, report, or information, required to be made or furnished under this Act or the regulations, states anything that is false, misleading, or calculated to deceive, or includes any matter that is incorrect; or
(d) disobeys, contravenes, or refuses, neglects, or fails to observe, any provision of this Act or of the regulations;
is guilty of an offence and liable on summary conviction, to a fine of not less than $100. and not more than $5,000.