Interpretation

1(1)  In this regulation:

"3A Standards"  means the standards promulgated in the United States jointly by the International Association of Milk, Food and Environmental Sanitarians, the United States Public Health Service and the Dairy Industry Committee;

"Act"  means the Milk Industry Act;

"A.O.A.C."  means Association of Official Analytical Chemists;

"approved"  means approved for the purposes of section 4, 8, 12 or 16 of the Act;

"automatic milking system"  means a system to milk dairy animals that does not require a person to conduct the actual milking of the dairy animals;

"cooled", as applied to dairy products, means lowered in temperature quickly to below 4°C but not below 0°C;

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

"dairy plant process worker"  means a person licensed as a dairy plant process worker under section 12 (1) (b) of the Act;

"feed storage area"  means a silo, bunker or other structure on a dairy farm where feed for dairy animals is stored, processed and handled;

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

"H.T.S.T."  means high temperature, short time;

"inhibitor"  means any antibacterial agent or anything else that

(a) inhibits or is intended to inhibit the growth of bacteria, and

(b) does not occur naturally in milk;

"medicated feed"  has the same meaning as in section 65 of the Veterinary Drugs Act;

"milk transport tank"  means a tank on a tank truck used to transport raw milk from a dairy farm to a dairy plant;

"pouch"  means several individual milk containers formed and made from roll stock plastic film and packed in an outer bag;

"raw milk"  means milk that has not been heated above 40°C or undergone any treatment that has an equivalent effect;

"regulated product"  includes a sanitizing product, pesticide, veterinary drug and medicated feed;

"Standard Methods"  means the microbiological and chemical methods formulated by committees of the American Public Health Association;

"tank truck operator"  means a person who is a manager, owner or lessee of a tank truck used to transport raw milk from a dairy farm to a dairy plant;

"U.H.T."  means ultra heat treatment of milk or a milk product that is aseptically packaged;

"veterinary drug"  has the same meaning as in section 65 of the Veterinary Drugs Act.

(1.1)  For the purposes of the Act and this regulation:

"certificate of approval"  means a 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;

"milk house"  means a building where raw milk from a dairy barn or milking parlour is cooled and held and where equipment is cleaned, sanitized and stored;

"milking parlour"  means a place where dairy animals are milked but not kept or housed;

"potable water"  means potable water that has non-detectable levels of Escherichia coli bacteria per 100 ml and is protected from any source of contamination.

(2)  A reference in this regulation to a certificate, permit or licence is a reference to a valid and subsisting certificate, permit or licence issued under the Act or the regulations.

[am. B.C. Regs. 98/83; 83/92, s. 1; 197/2011, ss. 1 and 2.]

Prescribed animals

1.1The following animals are prescribed for the purposes of the definition of "dairy animal" in section 1 of the Act:

(a) a caribou;

(b) a horse;

(c) a reindeer.

[en. B.C. Reg. 37/2012, s. 1.]

Incorporation of codes etc.

2The codes, standards, rules and regulations as amended from time to time, before or after the making of this regulation, that are identified and listed in Schedule A are adopted and incorporated by reference into this regulation.

Application

3(1)  This regulation applies to all producers, dairy plant licensees, dairy plant process workers, bulk tank milk graders, milk transporters, vendors and producer vendors.

(2)  The standards and other requirements for

(a) approved fluid milk dairy farms and dairy plants,

(b) milk products and milk qualifying for the fluid market, and

(c) the production, process, pasteurization and manufacture of dairy products and other related matters and things

are those set out in this regulation and in the codes, standards, rules and regulations that are incorporated by reference into and adopted by this regulation.

[am. B.C. Reg. 197/2011, s. 3.]

Responsibility and compliance

4A dairy farmer, a producer, a producer vendor, a dairy plant licensee, a vendor, a dairy plant process worker, a bulk tank milk grader, a milk transporter or a tank truck operator must not do any of the following except in accordance with the standards and requirements of this regulation:

(a) operate or manage an approved fluid milk dairy farm;

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

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

[en. B.C. Reg. 197/2011, s. 4; am. B.C. Reg. 37/2012, s. 2.]

Prohibitions

5(1)  No person shall manufacture for sale, offer for sale, sell or have in possession for sale any dairy product that does not conform to the appropriate standards set out in this regulation.

(2)  Repealed. [B.C. Reg. 72/87, s. (a).]

(3)  Subject to subsection (4), no person shall, by way of wholesale or retail, offer for sale, place on consignment for sale, sell, distribute or supply reconstituted milk or any other dairy product in fluid form unless

(a) it is stated on the package containing the dairy product that the volume of its contents is one of the quantities set out in Schedule G, and

(b) the volume of the contents in the package containing the dairy product is at least that which is stated on the package under paragraph (a).

(4)  Nothing in subsection (3) applies to

(a) a dairy product delivered, sold, consigned to, received or purchased by a dairy plant licensee and then used by that licensee for processing, pasteurizing or manufacturing purposes,

(b) a dairy product normally sold or transported in bulk,

(c) an evaporated, condensed or concentrated dairy product other than concentrated fresh fluid milk,

(d) a dairy product dispensed from a dispenser and sold for consumption in a public eating place,

(e) a dairy product in a pressurized container, or

(f) a dairy product in a package labelled "Institutional Use Only — Not for Resale".

(5)  No person other than an inspector exercising his or her 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.

(6)  Where reconstituted milk or any other dairy product in fluid form has been packaged in accordance with subsection (3), no person shall

(a) offer for sale, place on consignment for sale, sell, distribute or supply that dairy product, or

(b) deliver that dairy product to a wholesaler, retailer or household

unless the reconstituted milk or other dairy product in fluid form is sealed in the package in which it was first placed.

(7)  No person shall sell a dairy product in a damaged or poorly sealed container.

[am. B.C. Regs. 72/87, s. (a); 197/2011, s. 5.]

Repealed

6Repealed. [B.C. Reg. 197/2011, s. 6.]

Labelling of packages

6.1A person who produces a dairy product must ensure that the package has a label that identifies each species of dairy animal that is a source of a dairy product contained in the package.

[en. B.C. Reg. 197/2011, s. 6.]

Protection of dairy products

7No person shall produce, handle, transport, receive, process, manufacture, pasteurize, display for sale or store a dairy product that is not protected from heat, the direct rays of the sun, strong light, rain, dust, wind and any other condition likely to impart objectionable odours or flavours to or cause spoilage or contamination of that dairy product.

Accounts

8(1)  The account required under section 18 of the Act shall be delivered in accordance with that section on or before the 19^th day of the month following the month in respect of which it is made and shall consist of a detailed statement of

(a) the total quantity of milk received for the month from the owner of the milk,

(b) any results of analysis performed on samples of the owner's milk, including results of an analysis required by section 62,

(c) the disposition of milk received from the owner that does not qualify for the fluid market,

(d) every allocation of the total milk receipts into quota qualifying classes or excess of quota qualifying classes, or both, by volume and weight and the price of and any amounts paid for each class that is allocated,

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

(f) the total payment due to the owner of the milk for that month, any amounts paid to the owner during that month, deductions made under paragraph (e) and the balance of payments due to the owner for that month.

(2)  The balance of all payments due from a vendor with respect to each month's account shall accompany the statement made for that month.

(3)  The vendor shall make payment under subsection (2) either in cash or by negotiable bank cheque.

(4)  Where an error is disclosed in a statement or payment required by this section as a result of which money remains due and owing from the vendor to the owner of the milk, the person discovering the error shall promptly give notice to the vendor and the outstanding amount shall be paid by the vendor on or before the 19^th day of the month following the date of receipt of the notice.

[am. B.C. Regs. 18/2003, s. (b) (i); 197/2011, s. 7.]

Repealed

9Repealed. [B.C. Reg. 197/2011, s. 8.]

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.

(6)  Subject to subsection (6.1), a person who is milking dairy animals and handling raw milk must do all of the following:

(a) ensure that the person's hands are clean at all times by washing his or her hands and drying them with single service towels

(i)  before the person starts milking, and

(ii)  at any time during the milking when the person's hands are soiled;

(b) wear clean clothing;

(c) if the person has an open lesion, wear a waterproof dressing that covers the open lesion and prevents contamination of the raw milk;

(d) before and after milking, clean and sanitize the dairy animals' teats with a teat dip solution approved for those purposes under the Food and Drugs Act (Canada).

(6.1)  If a dairy farmer uses an automatic milking system, the dairy farmer must ensure that the system

(a) before and after milking, cleans and sanitizes the dairy animal's teats with a teat dip solution approved for those purposes under the Food and Drugs Act (Canada), and

(b) detects and discards abnormal milk.

(6.2)  A dairy farmer must ensure that all raw milk on the dairy farm is filtered before the raw milk is stored.

(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.

[am. B.C. Reg. 197/2011, ss. 9 to 11.]

Bedding

11Bedding shall be fresh, clean, dry, absorbent and free from excessive dust.

Manure and litter

12(1)  A dairy farmer must ensure that manure is piled or stored in such a manner that dairy animals cannot walk through it when entering or leaving any barn, holding area or milking parlour.

(2)  Loose housing shall be kept dry and clean by the frequent removal of manure and soiled litter or by the addition of fresh litter.

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

[am. B.C. Reg. 197/2011, ss. 11 and 12.]

Equipment

12.1A dairy farmer must ensure that all equipment used in the production, cooling, handling or storing of raw milk on the dairy farm is

(a) constructed of materials that are

(i)  suitable for their intended purpose, and

(ii)  durable, easily cleaned and free from any noxious or toxic substance,

(b) in good working order, and

(c) operated and stored in a manner that is sanitary and prevents contamination of the raw milk.

[en. B.C. Reg. 197/2011, s. 13.]

Separation of dairy animals

13(1)  A dairy farmer must not house different species of dairy animals in a dairy barn unless they are housed in separate areas according to species.

(2)  A dairy farmer must ensure that different species of dairy animals are not milked in the same milking parlour.

[en. B.C. Reg. 197/2011, s. 15.]

Offspring

13.1A dairy farmer must keep calves, kids or other offspring in pens separated from the milking herd if they are housed in the same barn as the milking herd.

[en. B.C. Reg. 197/2011, s. 15.]

Repealed

14Repealed. [B.C. Reg. 197/2011, s. 15.]

Repealed

15-16Repealed. [B.C. Reg. 197/2011, s. 16.]

General requirements

16.1(1)  A dairy farmer must ensure each dairy barn and milking parlour on the dairy farm is constructed, used and maintained in a manner that

(a) prevents the contamination of raw milk produced on the dairy farm,

(b) ensures all operations in the dairy barn and milking parlour are carried out under sanitary conditions,

(c) prevents condensation and the accumulation of odours,

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

(e) prevents injuries to dairy animals, and

(f) minimizes damage by dairy animals.

(2)  A dairy farmer must ensure that each milk house on the dairy farm is constructed, used and maintained in a manner that

(a) prevents the contamination of raw milk produced on the dairy farm,

(b) ensures all operations in the milk house are carried out under sanitary conditions,

(c) prevents condensation and the accumulation of odours, and

(d) the temperature in the milk house is not below 0°C.

(3)  A dairy farmer must ensure that each feed storage area on the dairy farm is constructed, used and maintained in a manner that prevents the contamination of raw milk produced on the dairy farm.

(4)  A dairy farmer must keep each dairy barn, milking parlour, milk house and feed storage area in good repair.

[en. B.C. Reg. 197/2011, s. 17.]

Further requirements for milking parlours

16.2(1)  A dairy farmer must ensure each milking parlour on the dairy farm

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

(b) is constructed in a manner so that each floor, ramp and platform slopes to a covered drain that is

(i)  equipped with a trap, and

(ii)  connected to a wastewater drainage system,

(c) has sufficient lighting to permit a person to

(i)  assess the cleanliness of the dairy animals and udders of the dairy animals and the condition of the raw milk while milking in the milking parlour, and

(ii)  milk, 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 milking parlour, and

(d) if necessary, is equipped with a heating system to prevent freezing.

(2)  A dairy farmer must

(a) ensure that the potable water is tested at least once each year, and

(b) report the test results to an inspector when requested.

[en. B.C. Reg. 197/2011, s. 17.]

No other animals in milking parlour

16.3A dairy farmer must ensure there are no animals in a milking parlour other than the dairy animals that are being milked.

[en. B.C. Reg. 197/2011, s. 17.]

Automatic milking system

16.4Despite sections 16.1, 16.2 and 16.3, a dairy farmer may use an automatic milking system only if the following requirements are met:

(a) the general requirements in section 16.1;

(b) the further requirements for milking parlours in section 16.2 (1) and (2);

(c) the requirement in section 16.3.

[en. B.C. Reg. 197/2011, s. 17.]

Further requirements for milk houses

16.5(1)  A dairy farmer must ensure each milk house on the dairy farm

(a) is equipped with a farm holding tank,

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

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

(ii)  is equipped with

(A)  for sanitizing equipment, a dual compartment sink with a concave bottom, or, if equipment is sanitized in place, a single compartment sink with a concave bottom, that drains into a wastewater drainage system through a pipe equipped with a trap, 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 is

(i)  equipped with a trap, and

(ii)  connected to a wastewater drainage system,

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

(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,

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

(g) has a ceiling that is sufficiently high to permit all of the following:

(i)  the inspection and sampling of the raw milk in the milk house;

(ii)  the reading of and complete removal of a measuring rod or direct reading gauge from a farm holding tank,

(h) has lighting that is shielded with shatterproof coverings, and

(i) is equipped with cupboards, stands or shelves of corrosion resistant materials located off the floor to store the equipment used in the production, cooling, handling or storing of raw milk.

(2)  If a dairy farmer ships raw milk from a farm holding tank, the dairy farmer must ensure that each milk house on the dairy farm

(a) is equipped with a hose port that

(i)  is kept closed when not in use, and

(ii)  is located in a wall close to the farm holding tank outlet through which the hose connecting the farm holding tank is passed to the milk transport tank when collecting the raw milk,

(b) has a grounded exterior electrical outlet, adjacent to the hose port, that is controlled by a bipolar switch located on the interior wall of the milk house in a location accessible to the bulk milk tank grader,

(c) has a window that permits the bulk milk tank grader to observe the transfer pump compartment of the milk transport tank from inside the milk house.

(d) Repealed. [B.C. Reg. 37/2012, s. 4.]

(3)  A dairy farmer must ensure that any lavatory in the milk house

(a) is maintained in a sanitary condition,

(b) does not open directly into areas of the milk house where raw milk is stored or cooled, and

(c) is vented with an extraction fan.

[en. B.C. Reg. 197/2011, s. 17; am. B.C. Reg. 37/2012, ss. 3 and 4.]

Milk house walkways and driveways

16.6(1)  A dairy farmer must ensure that there is a hard surface walkway outside the milk house door that

(a) is at least 75 cm wide, and

(b) extends past the hose port location.

(2)  Every hard surface walkway required under subsection (1) must be

(a) maintained in clean condition, and

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

(3)  A dairy farmer must ensure that driveways on the dairy farm are constructed and maintained in a manner to provide safe and easy access to and from the loading area.

[en. B.C. Reg. 197/2011, s. 17; am. B.C. Reg. 37/2012, s. 5.]

Milk houses — use

16.7A dairy farmer must ensure that a milk house

(a) is separate from a dairy barn and a milking parlour,

(b) has solid, self-closing, tight-fitting doors where the milk house enters directly into a dairy barn or milking parlour and that those doors are kept closed when not in use, and

(c) is used only for the following purposes:

(i)  sanitizing equipment;

(ii)  storing equipment and other materials used in the production, cooling, handling or storing of raw milk;

(iii)  cooling and storing raw milk produced on the dairy farm.

[en. B.C. Reg. 197/2011, s. 17.]

Written procedures

16.8(1)  A dairy farmer must prepare written procedures in respect of the operation of the dairy farm that, if followed, will prevent the contamination of the raw milk produced on the dairy farm.

(2)  The procedures required under subsection (1) must describe all of the following:

(a) the milking of dairy animals;

(b) the production, cooling, handling and storing of raw milk;

(c) the sanitation of equipment;

(d) how regulated products will be labelled, used and stored on the dairy farm.

(3)  A dairy farmer must ensure that the procedures prepared under subsection (1) are readily available, known to and followed by persons intended to carry out those procedures.

[en. B.C. Reg. 197/2011, s. 17.]

Product control

16.9(1)  A dairy farmer must ensure that regulated products and any other products used on the dairy farm are stored

(a) in containers that are clearly labelled to identify the contents, and

(b) in a manner that will not cause contamination of raw milk produced on the dairy farm.

(2)  A dairy farmer must ensure that

(a) no pesticides or other toxic products other than those that are directly related to the operation of a dairy farm are stored in the milk house, and

(b) all pesticides and other toxic products used on the dairy farm are used in compliance with the Food and Drugs Act (Canada), the 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.

(3)  For one year after a veterinary drug, medicated feed or pesticide is administered, a dairy farmer must keep a written record of

(a) any veterinary drug or medicated feed administered to dairy animals on the dairy farm, including the dairy animal to which it was administered, and

(b) any pesticide administered

(i)  on the dairy farm, or

(ii)  to dairy animals, including the dairy animal to which it was administered.

[en. B.C. Reg. 197/2011, s. 17; am. B.C. Reg. 37/2012, s. 7.]

Use of veterinary drugs

16.10(1)  In this section, withhold raw milk means to not add 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) or any applicable Provincial Act or regulation.

(3)  A dairy farmer must administer veterinary drugs and medicated feed only

(a) as prescribed by a veterinarian, or

(b) if the veterinary drug or medicated feed is authorized for sale without a prescription, as directed by the manufacturer's instructions on the label.

(4)  A dairy farmer must

(a) clearly identify every dairy animal that has been treated with veterinary drugs or medicated feed, and

(b) withhold raw milk from that dairy animal for the period of time set

(i)  by the veterinarian who prescribed the veterinary drug or medicated feed, or

(ii)  if the veterinary drug or medicated feed is authorized for sale without prescription, in the manufacturer's instructions on the label.

(5)  A dairy farmer must ensure that veterinary drugs for lactating dairy animals are stored, in a closed cupboard or refrigerator, separately from veterinary drugs for non-lactating dairy animals.

[en. B.C. Reg. 197/2011, s. 17; am. B.C. Reg. 37/2012, s. 8.]

Disease control

16.11A producer must not knowingly sell or distribute raw milk taken from a dairy animal that is carrying, or is otherwise infected with, a communicable disease, as defined in the Health Act Communicable Disease Regulation, B.C. Reg. 4/83, that is transmissible to humans through raw milk.

[en. B.C. Reg. 197/2011, s. 17.]

Repealed

17-21Repealed. [B.C. Reg. 197/2011, s. 17.]

Repealed

22-24Repealed. [B.C. Reg. 197/2011, s. 17.]

Repealed

25-31Repealed. [B.C. Reg. 197/2011, s. 17.]

Repealed

32-34Repealed. [B.C. Reg. 197/2011, s. 17.]

Repealed

35Repealed. [B.C. Reg. 197/2011, s. 19.]

Farm holding tanks, construction

36(1)  Every farm holding tank shall be of a type that conforms to 3A Standards.

(2)  Every farm holding tank shall be constructed and installed so that measurements of the contents taken in accordance with this Part do not exceed the limits of tolerance set out in the following table:

(3)  All farm holding tanks shall be constructed so that accurate measurements of the contents may be made at one point in the tank by means of a measuring rod that conforms to section 40 or by means of a direct reading gauge.

(4)  Farm holding tanks shall be firmly fixed to a properly reinforced concrete floor to prevent any movement likely to interfere with the accuracy of measurement.

(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 raw milk shall be taken from this point.

(6)  All farm holding tanks shall be installed so that there is a positive internal slope toward the outlet valve to allow rapid, uninterrupted and complete drainage of the contents.

(7)  Every farm holding tank that is 2 500 litres or more in volume shall be provided with an access ladder to facilitate measuring and sampling the contents.

[am. B.C. Reg. 197/2011, s. 11.]

Repealed

37Repealed. [B.C. Reg. 37/2012, s. 9.]

Farm holding tank calibration

38(1)  Measurement calibration of a farm holding tank shall be carried out

(a) after the installation of the tank in the milk house is certified in writing by an inspector,

(b) by a person qualified as a calibrator,

(c) in accordance with the Put-in-Method procedures set out in the Dairy Branch Field Manual, and

(d) to ensure that measurements of the contents of that tank conform to subsection (2).

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

(a) in the fifth year after the year in which the original calibration is made under subsection (1), and

(b) at intervals of 5 years from the year of the first check.

(3)  Checking for accuracy of calibration shall be performed by the person qualified as a calibrator.

(4)  The owner or lessee of the farm holding tank that is checked for accuracy of calibration shall be liable for the payment of the costs of checking the accuracy of calibration of that tank.

(5)  Where a check for accuracy of calibration under this section indicates that a recalibration of a farm holding tank is necessary, the owner or lessee of the tank shall correct the fault and give proof of recalibration within a time specified by an inspector.

[am. B.C. Reg. 197/2011, s. 11.]

Movement of farm holding tank

39(1)  An owner or lessee of a farm holding tank must not move a farm holding tank on a dairy farm after the tank has been installed or calibrated without notifying an inspector before moving the tank.

(2)  Where a farm holding tank may have moved or the position of the measuring device may have altered since the tank was last calibrated under section 38 so that measurements of the contents of the tank may no longer conform to section 36 (2), the owner or lessee of the tank shall correct the fault and give proof of recalibration within a time specified by an inspector.

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

[am. B.C. Reg. 197/2011, ss. 11 and 21.]

Farm holding tanks, measuring rods

40(1)  All measuring rods used to measure raw milk in farm holding tanks shall be of stainless steel or equivalent.

(2)  Every measuring rod and direct reading gauge shall be graduated as follows:

(a) graduation marks on the measuring rod shall be plainly milled or stamped

(i)  in inches, and in halves, quarters, eighths, sixteenths and thirty-seconds of an inch, or

(ii)  in centimetres and millimetres;

(b) graduation marks shall be milled or stamped so that they may be easily read and distinguished and, where the rod or gauge is graduated in centimetres and millimetres, so that every fifth millimetre of graduation is conspicuous;

(c) numerals designating inches or centimetres that are marked on the rod or gauge shall increase numerically from the bottom upwards;

(d) numerals designating thirty-seconds of an inch shall not be less frequent than at quarter-inch intervals.

(3)  The measuring rod shall be fixed in the holder at the gauge point of the tank so that

(a) it hangs vertically, and

(b) the maximum swing at the lower end of the rod when at measuring level does not exceed

(i)  18 mm for a rod 750 mm or less in length,

(ii)  30 mm for a rod over 750 mm but less than 1 500 mm in length, and

(iii)  36 mm for a rod over 1 500 mm in length.

[am. B.C. Reg. 197/2011, s. 11.]

Farm holding tank chart

41Every farm holding tank shall be accompanied by a chart that at all times

(a) is posted on the milk house wall convenient to the farm holding tank, and

(b) bears the following information:

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

(ii)  the name of the manufacturer of the farm holding tank;

(iii)  the serial number of the tank and of the measuring rod and the model identification of the tank;

(iv)  the date of calibration and the name of the calibrator;

(v)  a notation of the reading on the measuring rod or direct reading gauge taken at the level of the scribe marks which, where the tank's design permits, are scribed on the farm holding tank at the time of calibration;

(vi)  the farm address where the farm holding tank is installed;

(vii)  an accurate description of the location of the farm holding tank in the milk house;

(viii)  the total capacity of the farm holding tank in litres.

[am. B.C. Reg. 197/2011, s. 11.]

Farm holding tank in milk house

42(1)  Clear space shall be provided around every farm holding tank in a milk house,

(a) where the tank has a capacity of 4 000 litres or less,

(i)  at the front or outlet end of the tank, for a minimum of 90 cm,

(ii)  on each side of the tank, for a minimum of 60 cm, and

(iii)  at the back end of the tank, except where it is abutted or bulkheaded, for a minimum of 60 cm,

(b) where the tank has a capacity greater than 4 000 litres,

(i)  at the front or outlet end of the tank, for a minimum of 120 cm,

(ii)  on each side of the tank, for a minimum of 100 cm, and

(iii)  at the back end of the tank, except where it is abutted or bulkheaded, for a minimum of 100 cm, and

(c) above the tank for a minimum of 60 cm to allow,

(i)  the lid of that tank to be fully opened,

(ii)  the measuring rod to be properly and easily withdrawn, and

(iii)  a proper sample to be taken.

(2)  Where a milk house contains a farm holding tank, the milk house shall be provided with

(a) a door or removable panel large enough for the passage of the farm holding tank,

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

(c) Repealed. [B.C. Reg. 37/2012, s. 10.]

[am. B.C. Regs. 197/2011, s. 22; 37/2012, s. 10.]

Portion of farm holding tank outside milk house

42.1If a portion of a farm holding tank extends outside the milk house on a dairy farm, the dairy farmer must ensure that the following requirements are met:

(a) the lid of the farm holding tank, vent and outlet must be located inside the milk house;

(b) the portion of the farm holding tank that is mounted outside the milk house must be in a clean area that allows

(i)  the farm holding tank to be maintained in a clean and sanitary manner, and

(ii)  sanitary access to any external agitator mounts during service;

(c) access to all parts of the farm holding tank, except for the bulkhead wall, must be maintained to allow for inspection for cracks;

(d) the portion of the farm holding tank that is mounted outside the milk house must be protected from animals and vehicles;

(e) any motor or agitator shaft that is outside the milk house must be protected from the weather;

(f) the farm holding tank must not be used for a wall or ceiling support;

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

(h) the farm holding tank leg supports must be sufficiently mounted to prevent torsion and cracking in the tank.

[en. B.C. Reg. 197/2011, s. 23; am. B.C. Reg. 37/2012, s. 11.]

Prescribed form

43Certificates of approval shall be substantially in the form of Form 1 set out in Schedule F.

Conditions

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

[en. B.C. Reg. 231/85; am. B.C. Reg. 197/2011, s. 24.]

Non-transferable

44Certificates of approval are not transferable.

Display of certificate

45(1)  The holder of a certificate of approval shall prominently display it at all times inside the milk house on the dairy farm in respect of which the certificate is issued.

(2)  The certificate may be removed only by an inspector.

Cancellation and suspension of certificate

46(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.

(2)  Where, in order to avoid cancellation or suspension under subsection (1), it is necessary for the owner or operator to

(a) construct or alter buildings, or

(b) purchase new or different equipment,

the minister or an inspector shall serve a notice on that owner or operator stipulating that the certificate of approval will be automatically cancelled or suspended at the end of a period specified in the notice.

(3)  The notice shall provide a reasonable period of time in which the owner or operator may construct, alter or purchase as appropriate.

(4)  Where, under this section or Part 7, a certificate of approval is cancelled or suspended, the minister or an inspector shall serve a notice of cancellation or suspension on the owner or operator of the farm affected.

(5)  Copies of every notice given under subsections (2) or (4) shall be

(a) served on every vendor who is receiving milk from the farm affected, and

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

[am. B.C. Regs. 83/92, s. 2; 197/2011, s. 25; 37/2012, s. 12.]

Application for dairy plant licence

47(1)  To apply for a licence for the operation of a dairy plant or a renewal of a licence under section 12 (1) (a) of the Act, a person must submit a written application to the minister.

(2)  A licence issued under section 12 (1) (a) of the Act to a dairy plant must be substantially in the form of Form 2 set out in Schedule F of this regulation.

[en. B.C. Reg. 197/2011, s. 27.]

Application for dairy plant process worker licence

48(1)  To apply for a dairy plant process worker licence or a renewal of a licence under section 12 (1) (b) of the Act, a person must

(a) submit a written application to the minister, and

(b) pay the application fee set out in Column 2 in Schedule B of this regulation.

(2)  The minister must not issue a dairy plant process worker licence unless the applicant meets all of the following requirements:

(a) demonstrate at least 3 months dairy plant work experience that is authorized by an inspector or gained under the supervision of a licensed dairy plant process worker;

(b) demonstrate in the conduct of his or her 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;

(c) hold a certificate that confirms the satisfactory completion of a recognized dairy course, or pass a qualifying examination to ensure proficiency;

(d) be proficient in dairy plant sanitation, equipment sanitation and in the maintenance of that equipment;

(e) be in good health as certified by a medical practitioner.

(3)  A licence issued under section 12 (1) (b) of the Act to a dairy plant process worker must be substantially in the form of Form 3 set out in Schedule F of this regulation.

[en. B.C. Reg. 197/2011, s. 27.]

Subject matter of licence

49(1)  Repealed. [B.C. Reg. 197/2011, s. 28.]

(2)  No person shall

(a) receive, process, manufacture, package, store or grade dairy products in a dairy plant, or

(b) clean, sanitize or perform other duties related to the processing of milk or milk products in a dairy plant

unless licensed as a dairy plant process worker under section 12 (1) (b) of the Act.

[am. B.C. Reg. 197/2011, s. 28.]

Posting of licence in prescribed form

50(1)  Every dairy plant licensee shall post in a conspicuous place in the dairy plant in respect of which the licence is issued

(a) the licence issued under section 12 (1) (a) of the Act for the operation of that dairy plant, and

(b) each dairy plant process worker licence issued under section 12 (1) (b) of the Act for the dairy plant personnel employed at that plant.

(2) and (3)  Repealed. [B.C. Reg. 197/2011, s. 29.]

[am. B.C. Reg. 197/2011, s. 29.]

Licensee's records

51(1)  A dairy plant licensee shall, for the purposes of section 19 (2) of the Act, make correct records of weights, volumes, tests for quality and composition, grades and other related matters.

(2)  Records completed under subsection (1) shall be kept at the dairy plant and made available for inspection under section 19 (3) of the Act.

No employment unless licensed

52Except 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 process workers who are not licensed under section 12 (1) (b) of the Act.

[am. B.C. Reg. 197/2011, s. 30.]

Expiry of licences

53(1)  Subject to subsection (2), if a licence for a dairy plant licensee or a dairy plant process worker issued under section 12 of the Act

(a) contains an expiry date, the licence ceases to be valid on that date, or

(b) does not contain an expiry date, the licence expires at the end of the calendar year in which it was issued.

(2)  Where a dairy plant ceases operation, all licences and permits shall cease to be valid on the date that the operation ceases.

[am. B.C. Reg. 197/2011, s. 31.]

Acting as a bulk tank milk grader

53.1(1)  A tank truck operator must not employ a person to perform a function set out in subsection (2) unless the person is licensed as a bulk tank milk grader.

(2)  Unless licensed as a bulk tank milk grader, a person must not do any of the following:

(a) perform the duties set out in section 58;

(b) transfer raw milk from a farm holding tank to a milk transport tank;

(c) transport raw milk from the dairy farm at which it was produced to a dairy plant.

(3)  Every person licensed under section 12 (1) (c) of the Act as a bulk tank milk grader must carry with him or her and have available when engaged in work as a bulk tank milk grader his or her bulk tank milk grader licence.

[en. B.C. Reg. 197/2011, s. 32.]

Application for bulk tank milk grader licence

53.2(1)  To apply for a bulk tank milk grader licence, a person must

(a) submit a written application to the minister, and

(b) pay the application fee set out in Column 2 of Schedule B of this regulation.

(2)  The minister must not issue a bulk tank milk grader licence unless the applicant meets all of the following requirements:

(a) subject to subsection (3), demonstrate at least 50 hours experience as a bulk milk tank grader that is gained under the supervision of a bulk tank milk grader;

(b) be proficient in detecting objectionable or undesirable odours, physical defects 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 and bacteriological analysis and in the subsequent care and handling of the samples;

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

(e) pass a written examination covering the matters described in this subsection.

(3)  The minister may set fewer hours of experience required under subsection (2) (a).

(4)  After applying for a bulk tank milk grader licence for the first time and being issued the licence, a bulk tank milk grader must pass a practical examination covering the matters described in subsection (2) within a period of time determined by the minister.

(5)  The minister may require a bulk tank milk grader to submit to a written examination or a practical examination covering the matters described in subsection (2) when the bulk tank milk grader applies to renew a bulk tank milk grader licence or before reinstating a suspended or cancelled licence.

(6)  A licence issued under section 12 of the Act to a bulk tank milk grader

(a) must be substantially in the form of Form 4 set out in Schedule F of this regulation, and

(b) expires December 31 of the year in which the licence was issued.

[en. B.C. Reg. 197/2011, s. 32; am. B.C. Reg. 37/2012, s. 14.]

Cancellation or suspension

53.3(1)  The minister may, at any time, require a bulk tank milk grader to submit to a written examination or a practical examination covering the matters described in section 53.2 (2).

(2)  The minister may suspend or cancel a person's bulk tank milk grader licence if the licence holder

(a) does not take, or fails, an examination required under subsection (1),

(b) fails to follow a duty set out under section 58, or

(c) has violated a provision of the Act or this regulation.

[en. B.C. Reg. 197/2011, s. 32.]

Tank truck permit

54No person shall operate a tank truck for transporting raw 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.

[am. B.C. Reg. 197/2011, s. 11.]

Permit for farm holding tank

55(1)  No person shall use a farm holding tank for measuring and sampling raw milk as a basis for the sale of that raw milk to a dairy plant until a permit is issued by an inspector for it following an inspection.

(2)  The permit shall certify that the farm holding tank conforms to the requirements of this regulation.

(3)  No person shall use a farm holding tank for the purposes specified in subsection (1) if accurate and correct measurements of the contents cannot be made and recorded.

[am. B.C. Reg. 197/2011, s. 11.]

Storage of raw milk

55.1(1)  Subject to sections 55.3 and 55.4, a dairy farmer must ensure that all raw milk produced on the dairy farm is, while on the farm, cooled and stored in a farm holding tank.

(2)  A dairy farmer must ensure that the farm holding tank on the dairy farm

(a) is used only for storing and cooling raw milk,

(b) has sufficient capacity to hold the raw milk between pickups,

(c) is installed so that each point at which raw milk enters or leaves the tank is within a milk house and protected from contamination,

(d) mechanically agitates raw milk within the tank for no less than 5 consecutive minutes each hour, in a manner that restores the uniformity of all raw milk constituents in the farm holding tank without splashing or churning,

(e) does not have air agitation,

(f) is equipped with a functioning thermometer that is accurate to within 1°C and capable of showing temperatures from 0°C to 50°C, and

(g) is capable of cooling and storing raw milk in accordance with section 55.2.

(3)  The owner or lessee of a farm holding tank must ensure that the entire raw milk shipment that is to be picked up by a tank truck is in the farm holding tank prior to measurement and sampling by a bulk tank milk grader.

[en. B.C. Reg. 197/2011, s. 34; am. B.C. Reg. 37/2012, s. 15.]

Raw milk storage temperature

55.2(1)  Subject to 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)  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.

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

(3)  Repealed. [B.C. Reg. 37/2012, s. 16 (f).]

(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 at a temperature above 0°C and below 4°C until collected by a bulk tank milk grader.

[en. B.C. Reg. 197/2011, s. 34; am. B.C. Reg. 37/2012, s. 16.]

Storage of raw milk from dairy animals other than cows

55.3(1)  A dairy farmer may store raw milk from dairy animals other than cows produced on the dairy farm, while on the farm, in a facility other than a farm holding tank if

(a) the facility is accessible for inspection, handling, cleaning and sanitizing, and

(b) an inspector has inspected and authorized the facility.

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

Storage of raw sheep milk

55.4(1)  A dairy farmer may store raw sheep milk in frozen storage on the dairy farm.

(2)  If a dairy farmer stores raw sheep milk in frozen storage, the dairy farmer must ensure that

(a) each storage container of raw milk is clearly labelled and identified,

(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,

(c) reusable storage containers are cleaned, sanitized and dried before they are used again,

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

(e) each storage container is stored in such a manner that the exteriors are clean and free of contaminants, and

(f) the freezer is equipped with an accurate temperature measuring device.

(3)  If a dairy farmer stores raw sheep milk in frozen storage, the dairy farmer must freeze the raw sheep milk within 72 hours of milking and the raw sheep milk must remain in a frozen state until received by a dairy plant.

(4)  A dairy farmer must cool raw sheep milk to 4°C or less before adding it to a container of frozen raw sheep milk.

[en. B.C. Reg. 197/2011, s. 34; am. B.C. Reg. 37/2012, s. 17.]

Cleanliness — farm holding tank

55.5(1)  A dairy farmer must ensure that the farm holding tank used on the dairy farm is

(a) emptied of all raw milk

(i)  at least once every 2 days, or

(ii)  according to the schedule referred to in subsection (2), and

(b) washed and sanitized immediately after it is emptied.

(2)  If an inspector is satisfied that emptying the farm holding tank according to an alternative schedule proposed by a dairy farmer is sufficient to prevent the contamination of raw milk, the inspector may

(a) exempt a dairy farmer from the requirement of subsection (1) (a) (i), and

(b) require the dairy farmer to empty the farm holding tank according to the alternative schedule.

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

Raw 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 raw milk received at his or her dairy plant or otherwise dealt in.

(2)  The methods used for

(a) the receiving of the raw milk dealt in,

(b) the taking, keeping, testing and analysing of the samples of the raw 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 this Part.

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

[am. B.C. Reg. 197/2011, ss. 11, 36 and 37.]

Fee for testing raw milk samples

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

[am. B.C. Regs. 4/2010, s. 3; 197/2011, s. 11.]

Duties of bulk tank milk grader

58(1)  A person must not transfer raw milk from a farm holding tank to a tank truck unless the person is a bulk tank milk grader.

(2)  A bulk tank milk grader must do all of the following when transferring raw milk from a farm holding tank to a tank truck:

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

(b) examine the raw 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 the bulk tank milk grader 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 raw milk when the agitation stops, as required by paragraphs (h), (i) and (j);

(d) if the agitator is not running when the bulk tank milk grader enters the milk house and if the raw 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 farm holding tank,

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

(iii)  ensure that the raw 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 raw milk surface is minimized in case a remeasurement is necessary, and

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

(f) record the measurement of the raw 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 raw milk in the farm holding tank;

(h) after the raw 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 raw 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 raw 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 raw milk;

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

(iv)  the time and date of pickup;

(v)  the temperature of the raw milk;

(vi)  the signature of the bulk tank milk grader;

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

(m) leave the raw milk in the farm holding tank if, in the bulk tank milk grader's opinion, the raw milk

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

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

(m.1) leave the raw milk in the farm holding tank if

(i)  the temperature of the raw milk is below 0°C or above 4°C,

(ii)  the bulk tank milk grader is unable to sample the raw milk in accordance with this section, or

(iii)  the dairy farm does not have a certificate of approval or the certificate is suspended;

(n) Repealed. [B.C. Reg. 37/2012, s. 18 (c).]

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

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

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

(iii)  wash and rinse down the drain any spillages on the outer surface of the farm 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 raw milk is consigned;

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

(3)  If a bulk milk tank grader refuses to transfer raw milk under subsection (2), the bulk milk tank grader must

(a) make a record of the reason why the raw milk was refused,

(b) provide the dairy farmer with a copy of the record,

(c) retain a copy of the record for a period of at least 3 months, and

(d) on request of an inspector, provide the record to the inspector.

[am. B.C. Regs. 197/2011, ss. 11, 39 and 40; 37/2012, s. 18.]

Measuring raw milk from farm holding tanks

59(1)  Every person who takes and records the volume of raw 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 raw milk recorded by the bulk tank milk grader on milk pick up receipts, and

(b) the corresponding total volume of raw milk received at the dairy plant and determined at the direction of an inspector

must not exceed a tolerance of plus or minus 0.5% of the total volume of raw milk recorded by the bulk tank milk grader on milk pick up receipts.

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

[am. B.C. Regs. 197/2011, s. 11; 37/2012, s. 19.]

Tank trucks

59.1(1)  A tank truck operator must not use a milk transport tank for the transportation of anything other than the following:

(a) raw milk;

(b) whey;

(c) potable water.

(2)  A tank truck operator must ensure that each milk transport tank

(a) is equipped in a manner to

(i)  protect the raw milk in the milk transport tank from contamination, and

(ii)  prevent the temperature of raw milk rising above 6°C until it is delivered to a dairy plant,

(b) is constructed in a manner that the temperature of the raw milk in the milk transport tank cannot rise more than 1°C in a 24 hour period, and

(c) is equipped with a sufficient number of tank spray balls to allow for proper cleaning and sanitizing.

(3)  A tank truck operator must ensure that all surfaces in a milk transport tank and all equipment in a milk transport tank and in a tank truck that come into contact with raw milk

(a) are made of corrosion resistant materials,

(b) are smooth and free of cavities, open seams and loose particles,

(c) are non-toxic and resistant to damage from cleaners and sanitizers,

(d) are unaffected by raw milk and do not affect the quality of the raw milk, and

(e) are easily cleaned.

(4)  A tank truck operator must ensure that

(a) each milk transport tank or tank truck is equipped with a compartment to store suction hoses, milk pumps and any equipment used in the transfer of raw milk to protect them from any source of contamination, and

(b)  when in use, the milk transport tank and the equipment in the tank truck are cleaned and sanitized at least once in each 24 hour period in a manner that prevents contamination of the raw milk.

[en. B.C. Reg. 197/2011, s. 42.]

Repealed

60-61Repealed. [B.C. Reg. 197/2011, s. 44.]

Testing milk

62(1)  The dairy plant licensee shall ensure that each milk shipment received at his or her dairy plant from a producer is sampled and tested in accordance with the procedures set out in this section.

(2)  Repealed. [B.C. Reg. 197/2011, s. 45 (b).]

(3)  Every dairy plant licensee shall ensure that producer time composite samples are

(a) not less than 120 ml and not more than 160 ml in volume,

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

(c) identified, preserved, stored, transferred, handled and transmitted for testing in accordance with this regulation.

(4)  Where the results of compositional analysis of time composite samples or fresh milk samples are used wholly or partly in the computation of the price to be paid to the producer for milk produced, the dairy plant licensee shall ensure that no analysis of those samples is made other than an infra-red milk analysis and in a laboratory designated under section 25 of the Milk Industry Act, R.S.B.C. 1996, c. 289.

(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 board.

(6)  On receiving the results of an infra-red milk analysis of samples of milk, the dairy plant licensee shall report those results to the producer of the milk in the statement required by section 8.

[am. B.C. Regs. 48/93; 197/2011, s. 45.]

Repealed

63Repealed. [B.C. Reg. 197/2011, s. 44.]

Solids and non-fat solids in milk

64To determine the percentage of total solids or solids-not-fat of milk, the dairy plant licensee shall cause the sample of milk to be analysed by

(a) the A.O.A.C. official procedure,

(b) the Lactometric Method at 39° C as outlined in the latest edition of Standard Methods, or

(c) the infra-red method.

Phosphatase in milk

65To determine residual phosphatase in a dairy product, the dairy plant licensee shall cause the sample of the dairy product to be analysed by the Scharer Rapid Method as outlined in the latest edition of Standard Methods.

Added water in milk

66To determine water adulteration of milk, the dairy plant licensee shall cause a sample of the milk to be analysed by the Cryoscope Method as outlined in the latest edition of Standard Methods.

Acidity of milk

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

[am. B.C. Reg. 197/2011, s. 46.]

Bacteria in milk

68Where the results of a bacteriological examination of dairy products are used wholly or partly in the computation of the value of the dairy products for purchase or for sale, the dairy plant licensee shall cause the examination to be carried out only by an analyst using the methods enumerated in the latest edition of Standard Methods.

Repealed

69 to 75Repealed. [B.C. Reg. 197/2011, s. 44.]

Grading of milk to be received in tank truck

76(1)  Where a producer supplies to a purchaser or consignee milk that after pasteurization is to be sold, offered for sale or supplied in fluid form, the purchaser or consignee shall examine the milk or cause it to be examined in accordance with section 58 (2) (b) and ensure that tests of the milk for composition, sediment, adulteration or contamination are made in accordance with this regulation.

(2)  Repealed. [B.C. Reg. 197/2011, s. 47.]

[am. B.C. Reg. 197/2011, s. 47.]

Milk to be rejected

77(1)  Milk taken from dairy animals 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 bulk tank milk grader may reject it or leave it in the farm holding tank.

[am. B.C. Reg. 197/2011, ss. 9 and 40.]

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.]

Sampling of dairy products

79(1)  An inspector who acts under this regulation or section 19 or 24 of the Act with the intention of sampling, testing or examining a dairy product shall

(a) give notice of the sampling, testing or examination to the vendor or other person who owns, occupies or manages or who is in charge of the premises or the vehicle on or in which the dairy product is located, and

(b) sample, identify, transport, test and report in the manner and using the methods outlined in the Standard Methods.

(2)  A laboratory that conducts a test on a dairy product shall give the test results in writing and without delay to each person designated by the minister for the purpose of receiving those results.

Finished product standards

80(1)  Every vendor, in order to comply with the requirements of section 18 of the Act, shall ensure that the following designated products comply with the following appropriate constituent standards:

(a) skim milk or flavoured skim milk, milk fat content less than 0.1%;

(b) modified skim milk or flavoured modified skim milk, milk fat content less than 0.1% and milk solids-not-fat content not less than 11%;

(c) partly or partially skimmed milk or flavoured partly or partially skimmed milk, milk fat content not less than 0.5%;

(d) modified partly or partially skimmed milk or flavoured modified partly or partially skimmed milk, milk fat content not less than 0.5% and milk solids-not-fat content not less than 10%;

(e) standard milk or flavoured standard milk, milk fat content not less than 3.25%;

(f) homogenized milk or flavoured homogenized milk, milk fat content not less than 3.25%;

(g) modified homogenized milk or flavoured modified homogenized milk, milk fat content not less than 3.25% and milk solids-not-fat content not less than 10%;

(h) whipping cream, milk fat content not less than 32%;

(i) cream, milk fat content not less than 18%;

(j) light cream, which is milk to which milk fat has been added and by whatsoever name called, milk fat content not less than 6%.

(k) Repealed. [B.C. Reg. 53/94, s. 8.]

(2)  Where the designated products referred to in subsection (1) are in compliance with the appropriate standards contained in that subsection, the vendor need not state on the container label the minimum milk fat or the milk solids-not-fat content unless required to do so under the Food and Drugs Act (Canada) and its regulations.

(3)  For all dairy products not designated in subsection (1), the vendor need not make a minimum milk fat or solids-not-fat declaration on the container label of the products, unless required to do so under the Food and Drugs Act (Canada) and its regulations.

(4)  No vendor shall sell, offer for sale or supply milk, including cream, unless

(a) where the minimum milk fat content is stated on the label, the true minimum milk fat content of the product in the container is no less than that stated on the label, and

(b) all bottles, cartons and containers used in the packaging of the milk or cream are clearly labelled with the name of the vendor, the processing plant and last selling date.

(5)  Labels on U.H.T. products shall, in addition to other required labelling, include instructions to refrigerate after opening.

[am. B.C. Regs. 281/88; 53/94; 214/2002.]

Bacterial content in finished products

81(1)  The bacterial content of reconstituted milk, pasteurized milk in fluid form and sugared dairy beverages shall not exceed 10 000 bacteria per millilitre or one coliform bacteria per millilitre more frequently than twice during the last 6 consecutive tests on samples that are in accordance with section 83.

(2)  Subject to subsection (3), no manufactured milk product shall contain more than one coliform bacteria per millilitre when in the liquid state or more than 10 coliform bacteria per gram when in the non-liquid state.

(3)  Subject to subsection (4), where a non-liquid manufactured milk product is produced or processed

(a) at a temperature of 0° C or less without the use of microbial cultures or extracts of biological origin, it shall not contain more than 100 000 bacteria per gram or 10 coliform bacteria per gram,

(b) with the use of microbial cultures or extracts of biological origin, it shall not contain more than 10 coliform bacteria per gram.

(4)  Subsection (3) (b) does not apply to cheese other than cottage cheese and creamed cottage cheese.

Adulteration and contamination

82No dairy product shall contain extraneous water or be adulterated or contaminated.

Sampling of dairy products

83(1)  Samples of dairy products shall be taken from every dairy plant prior to or at the time of delivery or sale to vendors or consumers.

(2)  The samples shall be taken on at least 6 occasions during each 6 month period.

Dairy plant — general specifications

84(1)  The floors of all rooms in which dairy products are processed, pasteurized, manufactured or stored shall be of concrete or other impervious material with a smooth surface having adequate drainage to trapped drains.

(2)  Floors shall be kept clean and be properly jointed with walls to form watertight joints.

(3)  Walls and ceilings of rooms in which dairy products are processed, pasteurized, manufactured, packaged or stored shall be kept clean and have a smooth, sound, light coloured surface impervious to moisture.

(4)  All exterior doors, windows and openings of a dairy plant must be closed or fitted with screens or other devices to prevent the entry of dust, insects, animals or birds.

(5)  Rooms shall be ventilated to prevent odours or condensation of water vapour.

(6)  Adequate light, shielded with shatter proof coverings, shall be provided in all rooms in the dairy plant to ensure clean and efficient processing, pasteurizing, manufacturing, packaging, testing and storing of dairy products.

(7)  The various rooms in the dairy plant shall be located and maintained so as to prevent the contamination of dairy products.

(8)  The area to be used exclusively for the processing, pasteurizing, manufacturing and packaging of all dairy products shall be protected from contamination by any other operations within the dairy plant.

(9)  Adequate rooms shall be provided that are convenient for the operations incidental to processing, pasteurizing, manufacturing and packaging.

[am. B.C. Reg. 197/2011, s. 49.]

Cleanliness and hygiene

85(1)  The property on which the dairy plant is situated, including the unloading and loading areas, driveways and other adjacent areas controlled or used by the dairy plant personnel, shall be kept free from debris, waste, standing water and other potential sources of contamination.

(2)  Smoking, spitting, chewing or consuming food or drink is prohibited in rooms where dairy products are processed, pasteurized, manufactured, packaged or stored.

(3)  Conveniently located sanitary toilets for male and female employees shall be provided exclusively for the use of dairy plant personnel.

(4)  Adequate hand washing facilities shall be conveniently located in the dairy plant.

(5)  Every person in a dairy plant shall,

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

(b) when working in contact with a dairy product, or with dairy product contact surfaces when dairy products are being produced, wear hygienic hand coverings.

[am. B.C. Reg. 197/2011, s. 50.]

Use of dairy plant

86(1)  Subject to subsection (2), no dairy plant shall be used for a purpose other than the receiving, processing, manufacturing, pasteurizing, packaging, storing or selling of dairy products and related operations.

(2)  A dairy plant may be used to process a food product other than a dairy product where the standards required by this regulation for the production of dairy products in that plant are not adversely affected and the minister accordingly lists that food product on the licence for that plant.

Bacterial culture or preculture

86.1(1)  No person shall add bacterial culture or preculture to milk.

(2)  No person shall transport raw milk to which a bacterial culture or preculture has been added.

(3)  Subsection (1) does not apply when a bacterial culture or preculture is added to milk at a dairy plant as part of the process of making manufactured milk products where the process is commenced and completed at the same dairy plant.

[en. B.C. Reg. 491/88.]

Water supply and sewage

87(1)  An adequate supply of pressurized 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.

(2)  The owner or operator of a dairy plant shall, when required by an inspector, show evidence that the water supply and disposal of sewage and waste material meets the requirements of all health and pollution regulations.

[am. B.C. Reg. 197/2011, s. 51.]

Equipment to be approved

88Equipment used in the receiving, processing, pasteurizing, manufacturing, packaging, storing, dispensing, transporting or marketing of dairy products shall

(a) be of an approved type or, where applicable, be based on 3A Standards,

(b) not be defective, unsuitable or unsanitary,

(c) be maintained in serviceable condition, and

(d) be cleaned and sanitized before use.

Cleaning and sanitizing containers

89(1)  Producers' cream containers shall be cleaned and sanitized at the receiving plant.

(2)  Subject to subsection (3), a tank truck shall be cleaned and sanitized at the dairy plant to which the milk it delivers is consigned, at least every 24 hours, except that where a tank truck picks up loads of qualifying milk within an 8 hour period, that tank truck need not be cleaned and sanitized between loads.

(3)  Milk pumps and suction hoses on tank trucks shall be rinsed after every delivery of milk to a dairy plant.

Protection of supplies

90All supplies kept for use in processing, manufacturing, packaging, storing, dispensing, transporting or marketing of dairy products shall be protected at all times from contamination of any kind and shall be stored in a separate room.

Manufacture and storage of milk products

91All ingredients used in the manufacture or processing of dairy products shall

(a) be wholesome,

(b) be protected at all times from contamination, and

(c) conform to the requirements of the Food and Drugs Act (Canada) and its regulations.

Packaging of dairy products

92Mechanical equipment shall be used

(a) to fill all dairy product containers, and

(b) to cap milk bottles and seal milk cartons.

Operations to be approved as to manner and sequence

93All operations in connection with the processing, manufacturing or pasteurizing of dairy products shall be carried out in accordance with this regulation.

Clarification and filtration of milk

94All milk must be clarified or filtered after its receipt at the dairy plant where it is to be pasteurized.

[en. B.C. Reg. 37/2012, s. 21.]

Overflowed or leaked milk

95All dairy products that have overflowed or leaked from a valve, pipe, container or other equipment shall be discarded or used for animal feed only.

Skim milk, buttermilk and whey

96All dairy products that are to be sold or supplied for feed for livestock or for other similar purposes shall, at all times, be handled, treated, processed and stored away from milk products intended for human consumption.

Holding milk at dairy plant

97No milk shall be held after receipt at a dairy plant for longer than 2 hours before pasteurizing unless it is constantly at a temperature of 4° C or less but above 0° C.

Pest control program

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

[am. B.C. Reg. 197/2011, s. 36.]

Holder type pasteurizers — general

99(1)  Holder type pasteurizers shall be provided with

(a) indicating and recording thermometers, and

(b) valves of close coupled and leak protector type with stops.

(2)  During the holding and cooling operations in a pasteurizer all inlet pipes shall be removed and all openings shall be closed and kept closed.

(3)  During the heating, holding and cooling periods in a pasteurizer all outlet lines shall be disconnected at the outlet valve.

(4)  Nothing shall be added to a dairy product that is being pasteurized once the holding period has commenced except good quality products that are micro-biologically safe and conform to health standards required by law, including this regulation, and which are recorded at the dairy plant in a register that is available for inspection.

Temperature control

100(1)  The temperature reading of the recording thermometer shall be checked daily with the reading of the indicating thermometer and the recording thermometer adjusted, if necessary, so that its reading is at no time higher than that of the indicating thermometer.

(2)  A reading of the indicating thermometer shall be taken during the last 25 minutes of the holding period, recorded immediately on the recording chart and a mark made on the chart to indicate the position of the pen when the reading was taken.

(3)  The bulbs of the indicating and recording thermometers shall be kept submerged in the dairy product throughout the heating, holding and cooling period in the pasteurizer.

(4)  The information required by section 106 (1) shall be marked on the recording thermometer chart in addition to the information marked on the chart under subsection (2).

(5)  Recording thermometer charts shall be filed, maintained, made available for inspection and used in accordance with section 106 (2) and (3).

Agitation and foam

101(1)  Agitation shall be continuously maintained throughout the heating, holding and cooling operations in a pasteurizer, except where the level of the dairy product is such that agitation would cause churning or foaming.

(2)  Proper measures shall be employed at all times to prevent the formation of foam.

Filling holder type pasteurizer

102When filling the holder-type pasteurizer allowances shall be made for the expansion of the dairy product during the heating process to prevent foam adhering to the lid of the pasteurizer.

H.T.S.T. pasteurization — general

103(1)  H.T.S.T. pasteurizers shall be provided with

(a) indicating and recording thermometers, and

(b) a recorder controller with a built in recording thermometer that is

(i)  designed for sealing,

(ii)  fitted with an additional pen to record on the chart a full record of the time during which the dairy product is travelling in a forward flow direction, and

(iii)  designed so that the interval between the moment of power cut off during descending temperatures and the moment where the forward flow of dairy product ceases does not exceed one second,

(c) a flow diversion valve,

(d) a holding section that is

(i)  designed and installed in a manner to cause a continuous upward flow of dairy product from the inlet to the flow diversion valve, and

(ii)  equipped, when required, with the necessary fittings for checking the holding time by means of saline solution,

(e) a milk pump that is

(i)  located at the raw dairy product inlet of the final heating chamber, and

(ii)  designed so that it may be set not to exceed a predetermined speed and sealed, and

(f) where necessary, a pipe line on the diversion outlet side of the flow diversion valve that is so restricted as to cause at least as much back pressure on the dairy product in diverted flow as when in forward flow.

(2)  When in operation, the pressure of the pasteurized dairy product in the regenerative section of the pasteurizer shall at all times be greater than the pressure of the raw dairy product in the same section.

(3)  No equipment other than the pump described in subsection (1) (e) shall be used to control the rate of the flow of the dairy product through the final heating section of the pasteurizer.

H.T.S.T. booster pump

104Where a booster pump is installed in the raw dairy product line to the regenerative section of an H.T.S.T. pasteurizer, it shall be

(a) suitably wired, so that when in operation it does not create at any time a balance of pressure other than as required by section 103 (2), and

(b) provided with a method for the control of pressures in the regenerative section of the pasteurizer.

H.T.S.T. recorder controller and milk pump

105(1)  The recorder controller and the milk pump that governs the holding time on every H.T.S.T. pasteurizer shall be of such a type that it may be sealed by an inspector.

(2)  An inspector may

(a) direct the operator to set the recorder controller and the milk pump to ensure that the dairy products are being properly pasteurized, and

(b) seal the recorder controller and the milk pump.

(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 an inspector.

[am. B.C. Reg. 197/2011, s. 53.]

Recording thermometer charts

106(1)  The following information shall be marked on each recording thermometer chart:

(a) pasteurizer number, where more than one pasteurizer is used;

(b) date of use;

(c) dairy product identification;

(d) signature of the licensed dairy plant process worker who conducted the pasteurization process.

(2)  Recording thermometer charts shall be

(a) filed in order of use,

(b) kept in a clean, dry condition for 3 months, and

(c) made available for inspection when required by an inspector.

(3)  No recording thermometer chart shall be used for a time period longer than that for which it is designed.

U.H.T. direct heat pasteurization

107Where a dairy product is pasteurized by injection of culinary steam or infusion into culinary steam, it shall be carried out in a manner and sequence to ensure that any water introduced into the dairy product during the heat transfer process is removed during the cooling process.

Pasteurizing milk and reconstituted milk

108Where milk or reconstituted milk for the fluid market, excluding cream and reconstituted cream, is pasteurized

(a) by the Holder method, every particle of the dairy product shall be held continuously at a temperature of not less than 62° C for at least 30 minutes and then immediately cooled, and

(b) by the H.T.S.T. method, every particle of the dairy product shall be held continuously at a temperature of not less than 72° C for at least 16 seconds and then immediately cooled.

Pasteurizing cream and reconstituted cream

109Where cream or reconstituted cream for the fluid market is pasteurized

(a) by the Holder method, every particle of the dairy product shall be held continuously at a temperature of not less than 66° C for at least 30 minutes and then immediately cooled, and

(b) by the H.T.S.T. method, every particle of the dairy product shall be held continuously at a temperature of at least 75° C for at least 16 seconds and then immediately cooled.

Pasteurizing ice cream, ice cream mix and sugared dairy beverages

110Where ice cream, ice cream mix or any flavoured or unflavoured dairy beverage containing added sugar is pasteurized

(a) by the Holder method, every particle of the dairy product shall be held continuously at a temperature of not less than 69° C for at least 30 minutes and then immediately cooled, and

(b) by the H.T.S.T. method, every particle of the dairy product shall be held continuously at a temperature of not less than 80° C for at least 25 seconds and then immediately cooled.

U.H.T. method

111(1)  Low acid liquid dairy products having a pH of 4.6 or higher shall be held continuously at a temperature of at least 132° C for at least 2 seconds and then immediately cooled.

(2)  High acid liquid dairy products having a pH of less than 4.6 shall be held continuously at a temperature of at least 95° C for at least 17 seconds and then immediately cooled.

Interpretation

112In this Part:

"examination"  means an examination carried out under section 78;

"excessive bacteria standard"  means the excessive bacteria standard set out in Column 1 of the Table in section 112.1;

"excessive somatic cell standard"  means the excessive somatic cell standard set out in Column 1 of the Table in section 112.1;

"gross value"  means the gross value of all the producer's milk sold or distributed by the producer during the calendar month in which an examination occurs;

"inhibitor standard"  means the inhibitor standard set out in Column 1 of the Table in section 112.1;

"producer's milk"  means raw milk produced on a producer's approved fluid milk dairy farm and offered for sale, placed on consignment for sale, sold, supplied or distributed by the producer;

"water dilution standard"  means the water dilution standard set out in Column 1 of the Table in section 112.1.

[en. B.C. Reg. 197/2011, s. 54.]

Quality standards for raw milk

112.1(1)  A producer must ensure that the producer's milk complies with the measurements specified in Column 2 in the Table opposite each raw milk standard in Column 1 of the Table.

(2)  An examination to determine whether a producer's milk is in compliance with the raw milk standards in Column 1 of the Table must be done using the methods outlined in the latest edition of the Standard Methods, the Official Methods of Analysis of the Association of Official Analytical Chemists, or a method approved by the minister.

[en. B.C. Reg. 197/2011, s. 54; am. B.C. Reg. 37/2012, s. 22.]

Penalties — excessive bacteria count

112.2Subject 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.]

Penalties — excessive somatic cells

112.3Subject 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.]

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.]

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.]

Repealed

113-115.1Repealed. [B.C. Reg. 197/2011, s. 54.]

Maximum administrative penalty

115.2The maximum administrative penalty payable by a producer under section 112.2, 112.3, 112.4 or 112.5 is 5¢ 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; am. B.C. Reg. 197/2011, s. 55.]

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.]

Effect of suspension of certificate of approval

116.1(1)  If an inspector suspends a certificate of approval under section 116, the suspension takes effect on a date determined by the inspector and the inspector must provide the dairy farmer with a notification of suspension as soon as reasonable.

(2)  Where the certificate of approval of a producer is suspended under section 116, no person shall offer for sale, place on consignment for sale, sell, supply or distribute any milk supplied by that producer until the suspension is lifted.

[en. B.C. Reg. 83/92, s. 4; am. B.C. Reg. 197/2011, s. 57.]

Removal of suspension

116.2(1)  An inspector must lift a suspension under section 116 and reinstate the certificate of approval 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, the raw milk produced on the dairy farm of the producer after the date on which the suspension took effect complies with the measurements set out in section 112.1 for the standard the breach of which was the immediate cause of the suspension, and

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

(2)  After a suspension is lifted under subsection (1), 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. 37/2012, s. 27.]

Cancellation of certificate of approval

116.3(1)  A certificate of approval that was suspended under section 116 shall be cancelled where the suspension has not been lifted within 30 days after the date on which the suspension took effect.

(2)  Where a certificate of approval is cancelled under subsection (1), a notice of cancellation 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.]

Notice of penalty

117A notice signed by an inspector respecting an administrative penalty payable under this Part is conclusive proof that the penalty is due and payable and correct as to its amount.

[en. B.C. Reg. 197/2011, s. 59.]

Payment of administrative penalties

118If a producer is subject to an administrative penalty under this Part, the board must deduct the money due to the producer and pay the penalty to the Dairy Industry Development Council established under the authority of the Farming and Fishing Industries Development Act.

[en. B.C. Reg. 197/2011, s. 59.]

Repealed

119-129Repealed. [B.C. Reg. 197/2011, s. 60.]

Repealed

130-141Repealed. [B.C. Reg. 196/89.]