1997 Legislative Session: 2nd Session, 36th Parliament
The following electronic version is for informational
The printed version remains the official version.
Certified correct as passed Third Reading on the 8th day of May, 1997
Ian D. Izard, Law Clerk
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3 Sections 3, 4 and 5 are repealed and the following substituted: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4 Section 7 is repealed and the following substituted: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
(b) 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:
(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.
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