O.C. 337/2002

July 10, 2002

A.R. 147/2002

July 11, 2002

   

    A P P E N D I X

    Dairy Industry Act

    DAIRY INDUSTRY AMENDMENT REGULATION

1   The Dairy Industry Regulation (AR 139/99) is amended by this Regulation.

2   Section 1(1) is amended

    (a) by adding the following after clause (a):

        (a.1) "approved method" means a standard method or a test specified by the Director, if in the opinion of the Director that test provides equivalent or greater food safety than that provided by a standard method;

    (b) by adding the following after clause (h):

        (h.1) "inhibitor" means any antibiotic, drug residue or other foreign chemical substance in a dairy product whose presence in the dairy product is confirmed as a positive result using an approved method;

    (c) by repealing clause (l) and substituting the following:

        (l) "standard method" means the microbiological, chemical, physical and compositional methods of analysis as approved by Health Canada or those methods described in the most recent Standard Methods for the Examination of Dairy Products published by the American Public Health Association or the Official Methods of Analysis published by the Association of Official Analytical Chemists, as amended or replaced from time to time;

3   Section 2 is amended by adding the following after clause (b):

    (c) producer of milk produced by a species other than Bos taurus;

    (d) processor of milk produced by a species other than Bos taurus;

    (e) a producer or processor of milk produced by the species Bos taurus if the producer or processor is exempt from the Alberta Milk Plan Regulation.

4   Section 4 is renumbered as section 4(1) and the following is added after subsection (1):

        (2)  A licence issued under this Regulation may not apply to more than one dairy farm or dairy plant.

5   Section 5 is amended by striking out "an earlier" and substituting "a different".

6   Section 25 is amended

    (a) in subsection (2)(a) by striking out "the Dairy Control Board on the recommendation of";

    (b) by adding the following after subsection (2):

        (3)  The Director may notify the producer using the bulk milk tank and Alberta Milk of an approval under subsection (2)(a).

7   Section 40 is amended

    (a) in subsection (2)

        (i) in clauses (a) and (b) by adding ", has been ordered by an inspector under section 14 of the Act to cease supplying milk or has been ordered by an inspector under section 18 of the Act to not sell or supply a shipment of milk," after "11 of the Act";

        (ii) in clause (c) by striking out "Dairy Board" and substituting "Alberta Milk or by the Director";

    (b) in subsection (3)(e) by striking out "processor, the Director and the Dairy Board" and substituting "Director".

    8 Section 43 is amended by striking out "or down-graded".

9   Section 44(2) is amended by striking out "dairy plant" and substituting "processor".

10   Section 46 is amended

    (a) by repealing subsection (2) and substituting the following:

        (2)  An approved method carried out in a manner satisfactory to the Director must be used to test milk and farm-separated cream to determine compliance with this Regulation.

    (b) in subsection (3)

        (i) by repealing clause (a) and substituting the following:

            (a) an analyst who tests a dairy product by microbiological, chemical, physical or compositional analysis must

                (i) conduct the test at an approved laboratory in accordance with an approved method carried out in a manner satisfactory to the Director, and

                (ii) report the results in accordance with the method used to the persons required by this Regulation or the Director,

          and

        (ii) in clause (b) by striking out "the standard methods" and substituting "an approved method".

11   The heading before section 47 is repealed.

12   Section 47(1) is amended by striking out "grade" and substituting "food safety".

13   Sections 48 and 49 are repealed.

14   Section 50 is amended

    (a) by repealing subsections (1) to (4);

    (b) by repealing subsection (5) and substituting the following:

        (5)  If a sample of a producer's milk does not meet the requirements of Schedule 2 with respect to inhibitors and drug residues,

        (a) the producer shall not sell, supply or offer for sale milk to be used or processed for human consumption, and

        (b) a processor shall not accept milk from the producer

        until the milk meets the requirements of Schedule 2 with respect to inhibitors and drug residues.

    (c) in subsection (8) by striking out "tests" and substituting "approved method".

15   Section 52 is repealed and the following is substituted:

Freezing point ramifications

 

        52   If a producer's milk is found to have a freezing point of -0.514E Hortvet or higher, the producer shall not sell, supply or offer for sale, milk to be used or processed for human consumption until a subsequent sample from the producer's bulk milk tank is tested and found to be in compliance with Schedule 2 or the producer is authorized by an inspector to sell, supply or offer for sale, milk.

16   Section 54 is repealed and the following is substituted:

Method to test dairy products

 

        54   An analyst in an approved laboratory must use an approved method but, if the Director specifies that a particular approved method be used, the analyst must use the specified approved method.

17   Section 55 is amended by striking out "Act, this Regulation and the Dairy Board Act" and substituting "Act and this Regulation".

18   Schedule 2 is amended in the 4th and 7th rows

        (a) in the 2nd column by striking out "Drug" and substituting "Inhibitors and drug";

        (b) in the 3rd column

                  (i) by striking out "Drug" and substituting "Inhibitor and drug";

                  (ii) by striking out "tests approved by the National Liaison Group on Milk Quality" and substituting "approved methods".

19   Section 82 is amended by striking out "July 31, 2004" and substituting "January 31, 2007".

20   In the following provisions "Dairy Board Act" is struck and "Marketing of Agricultural Products Act" is substituted:

        section 1(2)(b);

        section 40(3)(d).

21   Sections 3, 6, 7(a)(ii) and (b), 8, 11 to 14, 17 and 20 come into force on the coming into force of the Dairy Industry Omnibus Act, 2002.