1997 Legislative Session: 2nd Session, 36th Parliament
FIRST READING
The following electronic version is for informational purposes only.
The printed version remains the official version.
HONOURABLE CORKY EVANS
MINISTER OF AGRICULTURE,
FISHERIES AND FOOD
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 Section 1 of the Milk Industry Act, R.S.B.C. 1996, c. 289, is amended
(a) by repealing the definitions of "board", "imitation milk product", "marketing", "municipality", "qualified producer", "qualifying milk" and "raw milk",
(b) by repealing the definitions of "cattle", "inspector" and "milk in fluid form" and substituting the following:
"cattle" means cows, goats and sheep;
"inspector" means an inspector appointed under section 7 to the extent the inspector can act within the powers, functions, terms and conditions of the inspector's appointment under section 7;
"milk in fluid form" means pasteurized or unpasteurized fresh milk, and includes sterile milk or milk specially treated to achieve extended keeping quality or the appearance of freshness that is sold, offered for sale or supplied for the same use or in semblance of fresh milk, but does not include reconstituted milk; , and
(c) by adding the following definition:
"inhibitor" means an antibacterial or other agent that does not occur naturally in milk and inhibits or is intended to inhibit the growth of bacteria; .
2 Section 2 is amended by striking out "the Cooperative Association Act, or any other Act," and substituting "any other Act".
3 Sections 3, 4 and 5 are repealed and the following substituted:
3 (1) A dairy farm licence may be issued to a person for a farm in accordance with a prescribed licensing scheme if
(a) the farm meets the prescribed standards for qualification for a dairy farm licence and operation of a dairy farm, and
(b) the person pays the prescribed fee for the dairy farm licence.
(2) It is a condition of a licence issued under subsection (1) that the licence holder comply with the prescribed standards applicable to holders of the licence.
4 If a dairy farm licence is required under a licensing scheme established under section 40 (2) (a), a person must not operate a dairy farm unless the person holds a subsisting dairy farm licence.
4 Section 7 is repealed and the following substituted:
7 (1) The minister may appoint persons, or persons within a class, to be inspectors.
(2) The minister, in an appointment under subsection (1), may
(a) limit the powers and functions that an inspector may exercise under this Act and the regulations, and
(b) make the appointment subject to terms and conditions.
5 Section 8 is amended
(a) in subsection (1) by striking out "Except in accordance with a subsisting permit issued by the minister,",
(b) in subsection (1) (a) (ii) by striking out "in accordance with section 5," and substituting "licenced under section 3, if a dairy farm licence is required under a licensing scheme established under section 40 (2) (a),",
(c) by repealing subsection (1) (b) (ii) and substituting the following:
(ii) standards for bacteria, inhibitors and other substances in the milk , and
(d) by repealing subsection (2).
6 Sections 9 to 11 and 14 to 18 are repealed.
7 Section 19 (4) is repealed and the following substituted:
(4) A true copy of the records must be made available to an inspector or to the minister or the minister's duly authorized representative as directed by an inspector or by regulation.
8 Section 20 is repealed.
9 Section 22 is repealed and the following substituted:
22 A person must not sell, offer for sale or supply a dairy product that is adulterated or contaminated.
10 Section 23 is repealed.
11 Section 24 is amended
(a) by repealing subsections (1) and (3), and
(b) in subsection (2) by striking out "or to which any drug or any fat other than milk fat has been added" and in paragraph (a) by striking out "as directed by the minister".
12 Section 25 is repealed and the following substituted:
25 (1) The minister may designate laboratories to perform any tests that this Act or the regulations require to be performed.
(2) If laboratories are designated under subsection (1) for a class of tests, all tests within the class must be done at those laboratories.
13 Sections 26 to 29 are repealed.
14 Section 30 (2) is amended
(a) in paragraph (a) by striking out "removed to a public warehouse and", and
(b) in paragraph (b) by striking out "by direction of the minister" and substituting "by direction of an inspector".
15 Section 31 is repealed.
16 Section 32 is amended by striking out "graded,".
17 Section 33 is amended
(a) by repealing subsection (1), and
(a) in subsection (2) by striking out "the composition of" and substituting "the results of an analysis of".
18 Section 37 (1) is repealed and the following substituted:
(1) A person who contravenes this Act or a regulation commits an offence.
19 Section 38 is repealed and the following substituted:
38 If an inspector has reason to believe that there is or will be a contravention of one of the inspector's orders, the inspector may apply to the Supreme Court for an injunction restraining a person from contravening the order and, pending final disposition of the action, the court may grant an interim injunction.
20 Section 39 is repealed.
21 Section 40 is amended
(a) by repealing subsection (2) (a) and substituting the following:
(a) establishing a licensing scheme for dairy farms for the purposes of this Act and, without limitation, including the body that may issue a licence, the terms and conditions including farm inspection, that may be included in a licence the manner by which standards for qualification for a licence and operation of a dairy farm are established, the fees that this body may charge for a licence, the bases on which a licence may be suspended or cancelled, the procedures for conducting a suspension or cancellation proceeding and other matters necessary to establish the scheme; ,
(b) by repealing subsection (2) (b) to (e),
(c) in subsection (2) (h) by striking out "barns, loafing barns, sheds, shelters, milk houses, milking parlours, milking rooms, farm tanks and tank trucks, tank trailers and",
(d) by repealing subsection (2) (j) to (n) and substituting the following:
(n) establishing the types and levels of bacteria, inhibitors or other substances that adulterate or contaminate a dairy product for the purposes of section 22; ,
(e) in subsection (2) (o) by striking out "milk, reconstituted milk, and manufactured milk products" and substituting "dairy products" and by striking out "grading and",
(f) by repealing subsection (2) (p),
(g) in subsection (2) (r) by striking out "grading,",
(h) by repealing subsection (2) (s), (u), (v) and (w) and substituting the following:
(u) providing for testing and sampling any or all lots, deliveries or shipments of dairy products, and for the conditions under which they may be tested and sampled;
(v) providing for the manner and conditions of analysis of dairy products. , and
(i) by repealing subsection (3) and substituting the following:
(3) A regulation under this section may incorporate by reference, and with any changes the Lieutenant Governor in Council considers appropriate, all or part of a code, rule or standard published by a provincial, national or international standards association as amended from time to time before or after the making of the regulation and relating to the subject matter of this Act.
22 Section 41 is amended by striking out "certificates" wherever it appears and substituting "licences".
23 Sections 42 and 43 are repealed.
Agricultural Produce Grading Act
24 Section 1 of the Agricultural Produce Grading Act, R.S.B.C. 1996, c. 11, is amended by repealing the definitions of "establishment" and "produce" and substituting the following:
"establishment" means
(a) an abattoir, slaughterhouse, packing house or other place where livestock is slaughtered,
(b) a place where produce is prepared for food,
(c) a dairy farm or a dairy plant, or
(d) a hatchery
and includes an establishment designated by the minister that is subject to the Canada Agricultural Products Act;
"produce" means livestock, fur bearing animals raised in captivity, milk, milk products, poultry, eggs, fruit, vegetables, honey and anything derived from them or designated by regulation.
Animal Disease Control Act
25 Section 3 (1) of the Animal Disease Control Act, R.S.B.C. 1996, c. 14, is repealed.
26 This Act comes into force by regulation of the Lieutenant Governor in Council.
[This Bill amends the Revised Statutes of British Columbia, 1996. The Revised Statutes of British Columbia, 1996 come into force on April 21, 1997]
SECTION 1: [Milk Industry Act, amends section 1] repeals definitions no longer needed in the Act as being amended and amends and adds other definitions to reflect the use of these terms in the Act as being amended.
SECTION 2: [Milk Industry Act, amends section 2] removes specific reference to the Cooperative Association Act.
SECTION 3: [Milk Industry Act, re-enacts sections 3 and 4 and repeals section 5] enacts new licensing requirements for dairy farms to make a prescribed licensing scheme established as provided for under section 21 of the Bill effective.
SECTION 3: [Milk Industry Act, re-enacts sections 3 and 4 and repeals section 5 -- continued]
SECTION 4: [Milk Industry Act, re-enacts section 7] provides for the appointment of inspectors and the specification of the powers, functions, terms and conditions that an inspector can be given for purposes of the Act and regulations.
SECTION 5: [Milk Industry Act, amends section 8] removes the current requirement for a minister's permit to sell fluid pasteurized milk and otherwise removes requirements that overlap with the powers under other legislation to promote the production of safe milk.
SECTION 6: [Milk Industry Act, repeals sections 9 to 11 and 14 to 18] removes requirements that overlap with the powers under other legislation to promote the production of safe milk.
SECTION 7: [Milk Industry Act, repeals and replaces section 19 (4)] substitutes the inspectors in a role hitherto performed by the British Columbia Milk Marketing Board.
SECTION 8: [Milk Industry Act, repeals section 20] repeals a redundant section of the Act.
SECTION 9: [Milk Industry Act, re-enacts section 22] simplifies the language of section 22 of the Act.
SECTION 10: [Milk Industry Act, repeals section 23] removes a provision that does not address milk safety as such. The continuing need for the consumer awareness and product labeling aspect of section 23 of the Act can be addressed under other legislation.
SECTION 11: [Milk Industry Act, amends section 24] is a consequential amendment to section 9 of this Bill.
SECTION 12: [Milk Industry Act, re-enacts section 25] restates the current section 25 of the Act more simply.
SECTION 13: [Milk Industry Act, repeals sections 26 to 29] removes provisions that do not address milk safety as such or that overlap with the powers under other legislation to promote the production of safe milk or milk products.
SECTION 14: [Milk Industry Act, amends section 30 (2)] allow inspectors, in appropriate circumstances, to more efficiently handle and dispose of goods seized under section 30 (1) of the Act.
SECTION 15: [Milk Industry Act, repeals section 31] removes a provision that does not address milk safety as such. The continuing need for the consumer protection and awareness and product labeling aspect of section 31 of the Act can be addressed under other legislation.
SECTION 16: [Milk Industry Act, amends section 32] removes a reference to "graded" in section 32 of the Act.
SECTION 17: [Milk Industry Act, amends section 33] removes references that do not address milk safety as such.
SECTION 18: [Milk Industry Act, repeals and replaces section 37 (1)] removes a reference to "board".
SECTION 19: [Milk Industry Act, re-enacts section 38] substitutes the inspectors in a role hitherto performed by the British Columbia Milk Marketing Board.
SECTION 20: [Milk Industry Act, repeals section 39] removes a provision that does not address milk safety as such and which can be addressed by the British Columbia Milk Marketing Board under other legislation.
SECTION 21: [Milk Industry Act, amends section 40] revises the regulation making capacity under the Act to allow for the creation of new dairy farm licensing schemes and to remove or recast regulation making provisions to correspond to other amendments being made by this Bill.
SECTION 22: [Milk Industry Act, amends section 41] changes references to "certificates" in consequence to other amendments made to the Act by the Bill.
SECTION 23: [Milk Industry Act, repeals sections 42 and 43] repeals section 42 of the Act which is redundant in light of the new section 40 (3) of the Act to be enacted by section 21 of this Bill and repeals section 43 of the Act which is no longer relevant given the new focus of the Act and the current state of the law in this field as interpreted by the courts.
Agricultural Produce Grading Act
SECTION 24: [Agricultural Produce Grading Act, amends section 1] revises 2 definitions used in the Act to properly reflect amendments to the Milk Industry Act made by this Bill.
Animal Disease Control Act
SECTION 25: [Animal Disease Control Act, repeals section 3 (1)] deletes a cross reference to inspectors under the Milk Industry Act that is no longer required given the amendments to the Milk Industry Act that are made by this Bill.
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