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B.C. Reg. 464/81
O.C. 2404/81
Filed November 24, 1981

Milk Industry Act

MILK INDUSTRY STANDARDS REGULATION

[includes amendments up to B.C. Reg. 18/2003]

Contents

  1  Interpretation
  2  Incorporation of codes, etc.
  3  Application
  4  Responsibility and compliance
Part 1 — General
  5  Prohibitions
  6  Breed labelling
  7  Protection of dairy products
  8  Accounts
  9  Milk in farm holding tanks
Part 2 — Dairy Farms
  Division 1 — Farm Cleanliness
  10  General cleanliness
  11  Bedding
  12  Manure and litter
  Division 2 — Cattle
  13  Separation of cows from goats
  14  Separation of cattle from other animals
  15  Exclusion from milking herd
  16  Number of cattle to be housed
  Division 3 — Dairy Barns
  17  Dairy barns — general specifications
  18  Tie stall dairy barns
  19  Loose housing dairy barns
  20  Free stall dairy barns
  21  Alleys for feed and cattle
  Division 4 — Milking Parlours
  22  Milking parlours — general specifications
  23  Milking parlours and holding areas
 

24 

Water supply in milking parlours
  Division 5 — Milk Houses
  25  Milk house — general specifications
  26  Rooms and areas near milk houses
  27  Milk house walkways and driveways
  28  Compressors in milk houses
  29  No storage in milk houses
  30  No fowl or animals
  31  Water supply in milk house
  Division 6 — Yards and Surrounding Areas
  32  Hospital areas
  33  Outside drainage
  34  Holding areas and fencing
  Division 7 — Equipment and Facilities
  35  Utensils and equipment
  36  Farm holding tanks, construction
  37  Farm holding tank agitator
  38  Farm holding tank calibration
  39  Movement of farm holding tank
  40  Farm holding tanks, measuring rods
  41  Farm holding tank chart
  42  Farm holding tank in milk house
Part 3 — Certificates, Licences and Permits
  Division 1 — Certificates of Approval
  43  Prescribed form
  43.1  Conditions
  44  Non-transferable
  45  Display of certificate
  46  Cancellation and suspension of certificate
  Division 2 — Licences and Permits
  47  Application for licence
  48  Qualifications for licence
  49  Subject matter of licence
  50  Posting of licence in prescribed form
  51  Licensee's records
  52  No employment unless licensed
  53  Expiry of licences and permits
  54  Tank truck permit
  55  Permit for farm holding tank
Part 4 — Sampling, Testing and Grading
  Division 1 — General Rules and Fees
  56  Milk samples — general
  57  Fee for testing milk sample
  Division 2 — Raw Fluid Milk Products
  58  Milk transfers from farm holding tanks
  59  Measuring milk from farm holding tanks
  60  Cream samples from cans
  61  Weighing canned cream
  62  Testing milk and cream
  63  Sediment in milk and cream
  64  Solids and non-fat solids in milk and cream
  65  Phosphatase in milk and cream
  66  Added water in milk
  67  Acidity of milk and cream
  68  Bacteria in milk and cream
  Division 3 — Grading of Cream
  69  Grading of cream — general
  70  Grading of table cream
  71  Premium cream
  72  Special grade cream
  73  First grade cream
  74  Grading of no grade cream
  75  Designated abbreviations for grades
  Division 4 — Grading of Milk
  76  Grading of milk to be received in tank truck
  77  Milk to be rejected
  78  Milk tests by purchaser or consignee
  Division 5 — Finished Products
  79  Sampling of dairy products
  80  Finished product standards
  81  Bacterial content in finished products
  82  Adulteration and contamination
  83  Sampling of dairy products
Part 5 — Dairy Plants
  Division 1 — General
  84  Dairy plant — general specifications
  85  Cleanliness and hygiene
  86  Use of dairy plant
  86.1  Bacterial culture or preculture
  87  Water supply and sewage
  Division 2 — Supplies and Equipment
  88  Equipment to be approved
  89  Cleaning and sanitizing containers
  90  Protection of supplies
  91  Manufacture and storage of milk products
  92  Packaging of dairy products
  Division 3 — Operations
  93  Operations to be approved as to manner and sequence
  94  Clarification, filtration and straining of milk
  95  Overflowed or leaked milk
  96  Skim milk, buttermilk and whey
  97  Holding milk at dairy plant
  98  Pest control program
Part 6 — Pasteurization
  Division 1 — Holder Type Pasteurizers
  99  Holder type pasteurizers — general
  100  Temperature control
  101  Agitation and foam
  102  Filling holder type pasteurizer
  Division 2 — Continuous Pasteurizers
  103  H.T.S.T. pasteurization — general
  104  H.T.S.T. booster pump
  105  H.T.S.T. recorder controller and milk pump
  106  Recording thermometer charts
  107  U.H.T. direct heat pasteurization
  Division 3 — Dairy Product Pasteurization
  108  Pasteurizing milk and reconstituted milk
  109  Pasteurizing cream and reconstituted cream
  110  Pasteurizing ice cream, ice cream mix and sugared dairy beverages
  111  U.H.T. method
Part 7 — Infractions and Penalties
  112  Interpretation
  112.1  Quality standards for milk
  113  Excessive bacteria
  114  Inhibitor
  115  Diluted milk
  115.1  Excessive somatic cells
  115.2  Maximum penalty
  116  Suspension of certificate of approval
  116.1  Effect of suspension of certificate of approval
  116.2  Removal of suspension
  116.3  Cancellation of certificate of approval
  117  Notice of penalty
  118  Procedure for dealing with penalties for infractions
Part 8 — Dairy Products Promotional fund
  119  Interpretation
  120  Continuation of promotion fund and promotion fund committee
  121  Structure of promotion fund committee
  122  Repealed
  123  Duties of the promotion fund committee
  124  Duties of secretary and treasurer
  125  Approving of accounts and signing
  126  Repealed
  127  Constitution of the promotion fund
  128  Payments out
  129  Annual audit and budget
Part 9 — Dairy Producers' Protection Fund
  130-141  Repealed.

Schedule A — Codes, Standards and Rules

Schedule B — Fees
Schedule C — Dimensions for Stanchion Tie Stalls for Dairy Cattle
Schedule D — Loose Housing
Schedule E — Free Stall Dimensions for Dairy Cattle; Alley Width in Free Stall Barns - (minimum)
Schedule F — Forms
Schedule G — Container Volumes

Interpretation

1 (1) In this regulation:

"Act" means the Milk Industry Act;

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

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

"board" means the Milk Board constituted under the Act;

"certificate of approval" means the certificate issued by the minister or an inspector under section 4 of the Act;

"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 cattle;

"dairy plant licensee" means a person licensed under section 12 (1) (a) of the Act;

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

"director" means the Director of the Dairy Branch in the ministry;

"farm" means an approved fluid milk dairy farm;

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

"good quality concrete" means concrete that is air entrained, 20 MPa and 28 day compression strength or better;

"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;

"licence" means a licence issued under section 12 of the Act;

"milk house" means a building where milk from a dairy barn, milking parlour or milking room is cooled and held;

"milking parlour" or "milking room" means a place where cattle are milked but not kept or housed;

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

"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;

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

"tank milk receiver" means a person licensed as a tank milk receiver under section 12 (1) (b) of the Act;

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

(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.]

Incorporation of codes etc.

2 The 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, tank milk receivers, 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.

Responsibility and compliance

4 No person, being

(a) a dairy farmer, a producer or a producer vendor,

(b) a dairy plant licensee or a vendor, or

(c) a dairy plant process worker or a tank milk receiver,

shall

(d) operate or manage an approved fluid milk dairy farm,

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

(f) permit any premises, building, structure, equipment, utensil or other thing used in the production, process, pasteurization, manufacture, pick up, transport, receipt or storage of any dairy product to be so used

except in accordance with the standards and requirements of this regulation.

Part 1 — General

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 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. Reg. 72/87, s. (a).]

Breed labelling

6 Where a package purports to contain a dairy product from goats or a particular breed of cow, no person shall place any dairy product in that package other than the dairy product from goats or the registered purebred cows of the breed identified on the package label, as the case may be.

Protection of dairy products

7 No 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 19th 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 into the Dairy Products Promotional Fund, 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 19th day of the month following the date of receipt of the notice.

[am. B.C. Reg. 18/2003, s. (b) (i).]

Milk in farm holding tanks

9 (1) Milk in farm holding tanks shall, after each milking, be cooled to a temperature of not more than 4° C and not less than 0° C and maintained in that temperature range until collected by a licensed tank milk receiver.

(2) The owner or lessee of a farm holding tank shall ensure that the entire milk shipment which is to be picked up by tank truck is in the farm holding tank prior to measurement and sampling by the licensed tank milk receiver.

Part 2 — Dairy Farms

Division 1 — Farm Cleanliness

General cleanliness

10 (1) Cattle shall be kept clean and their udders washed and dried immediately before milking.

(2) The first stream of milk from each quarter shall be discarded when milking cattle.

(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, milking rooms, 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) Milkers shall be clean of person and shall wear clean clothing during milking and caring for milk.

(7) Feed for cattle shall be kept so that dust or odour from the feed does not reach the milk.

(8) Flies shall be kept under control at all times and, where chemicals are used to control them, use of those chemicals shall be lawful.

Bedding

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

Manure and litter

12 (1) Manure shall be piled or stored in such a manner that cattle cannot walk through it when entering or leaving any barn, holding area, milking parlour or milking room.

(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 milk.

Division 2 — Cattle

Separation of cows from goats

13 (1) Where cows and goats are kept or fed in the same barn, the cows shall be separated from the goats at all times by a solid partition.

(2) Cows and goats shall not be milked in the same milking parlour or milking room.

Separation of cattle from other animals

14 (1) No animals other than cattle shall be allowed in a barn in which cattle are kept.

(2) No animals other than cows or goats shall be allowed in a milking parlour or milking room or in a building in which is located a milking parlour or milking room.

Exclusion from milking herd

15 Cattle that are giving bloody, stringy or otherwise abnormal milk or that are being treated with antibiotic or chemotherapeutic agents shall not be included in a milking herd.

Number of cattle to be housed

16 (1) The number of cattle to be housed in a barn shall be determined in accordance with the standards set out

(a) in Schedule D where the barn is a loose housing barn, and

(b) in Schedule E where the barn is a free stall barn, except that the number of cattle housed shall not exceed the number of stalls by more than 10%.

(2) No loose housing barn and no free stall barn shall be used to house cattle in excess of the appropriate number determined under this section.

Division 3 — Dairy Barns

Dairy barns — general specifications

17 (1) Every dairy barn, free stall barn and loose housing barn shall be

(a) located at least 45 m from a building in which hogs or poultry are kept,

(b) provided with complete and efficient drainage,

(c) ventilated to prevent the accumulation of odours and moisture, and

(d) adequately illuminated at all work areas within the barn to permit efficient and clean operations.

(2) The foundations of a dairy barn, free stall barn and loose housing barn shall be maintained so as to avoid settling or distortion.

(3) Foundations, floors, floor gutters, mangers and feed alleys of every dairy barn shall be of good quality concrete or equivalent.

(4) Walls in every dairy barn shall be of good quality concrete or equivalent for at least 30 cm above the floor level.

(5) Concrete stalls may be covered with lumber of good quality or equivalent materials.

(6) Stalls, floors and floor gutters in every dairy barn shall have sufficient gradient where necessary to allow for complete and rapid drainage.

(7) The interior of dairy barns shall be kept whitewashed or painted.

Tie stall dairy barns

18 (1) In every tie stall dairy barn the minimum distance between

(a) a floor gutter and a wall in the area where cows are kept shall be 180 cm,

(b) a floor gutter and a wall in an area where goats are kept shall be 120 cm,

(c) 2 floor gutters in an area where cows are kept shall be

(i) 240 cm, and

(ii) where a closed milk pipeline system is used, 180 cm,

(d) 2 floor gutters in an area where goats are kept shall be 120 cm,

(e) 2 cow platforms, where cows are milked but not kept and where there are no gutters, shall be 300 cm,

(f) the cow platform and a wall shall be 240 cm,

(g) a feed manger and a wall and between 2 feed mangers shall be 150 cm,

(h) a cow tie and any wall, where there are no feed mangers, shall be 210 cm, and

(i) 2 cow ties, where there are no feed mangers, shall be 300 cm.

(2) In every tie stall dairy barn

(a) the walls shall have a clear height of 240 cm from the main operating floor area to the ceiling or, where no ceiling is used, to the rafter plate, and

(b) the dimensions for tie stalls shall conform to the standards set out in Schedule C.

Loose housing dairy barns

19 Every loose housing dairy barn shall

(a) have a minimum clear height of 300 cm from floor to ceiling, and

(b) meet the standards set out in Schedule D.

Free stall dairy barns

20 Every free stall dairy barn shall

(a) have a minimum clear height of 240 cm from floor to ceiling or, where no ceiling is used, to the rafter plate, and

(b) meet the requirements prescribed in Schedule E.

Alleys for feed and cattle

21 Feed alleys and cattle alleys in a free stall or loose housing barn shall

(a) be of good quality concrete or equivalent, and

(b) have sufficient gradient to allow for complete drainage.

Division 4 — Milking Parlours

Milking parlours — general specifications

22 (1) Milking parlours and milking rooms shall

(a) be provided in a location where

(i) proper and complete drainage may be assured,

(ii) firm foundations and floors may be laid down,

(iii) the air in and around them is free from being polluted with dust, smoke, pollen or odours likely to affect the purity or flavour of milk, and

(iv) cattle may enter and leave without travelling through polluted water, mud, manure, dust or rubble, and

(b) be located at least 45 m away from any building in which hogs or poultry are kept.

(2) Foundations, floors, ramps and platforms in milking parlours and milking rooms shall be

(a) of good quality concrete or equivalent, and

(b) adequately reinforced where necessary.

(3) The walls in milking parlours and milking rooms shall be of good quality concrete or equivalent, to at least 30 cm above any floor level.

(4) Floors of milking parlours and milking rooms shall have a gradient of not less than 2 cm to the metre to drains that are

(a) of adequate size and design to accommodate all solid and liquid waste, and

(b) of a design that will prevent the return of odours into the milking parlour or milking room.

(5) Interior walls and ceilings of milking parlours or milking rooms shall

(a) be constructed of bright rust proof metal, plastic or glazed materials, or

(b) be sealed or painted with a washable paint or equivalent.

(6) Milking parlours and milking rooms shall be equipped with lighting adequate to permit milking to be done in an efficient and clean manner.

(7) Every milking parlour and milking room shall be ventilated to prevent the accumulation of odours and moisture.

(8) Self closing doors shall be provided between the milking parlour or milking room and the milkhouse.

(9) Subject to section 23 (1), every milking parlour and every milking room that is adjacent to

(a) a free stall barn,

(b) a loose housing barn,

(c) a feeding area,

(d) an exercising yard, or

(e) a holding area that is a part of a barn, feeding area or exercising yard

shall be provided with a door to that barn, area or yard that is kept closed when not in actual use.

(10) Ceilings shall

(a) in milking parlours, be a minimum of 210 cm above the cow platform, and

(b) in milking rooms, be a minimum of 240 cm above the cow platform.

(11) The standards set out in section 18 apply wherever practicable to milking rooms, except that those standards in section 18 (1) (g), (h) and (i) do not apply where automatic feeding of grain is used.

(12) Every milking parlour and milking room shall be designed to prevent the entry of rodents, birds, animals and insects.

Milking parlours and holding areas

23 (1) Where a holding area is not part of a free stall barn, a loose housing barn, a feeding area or an exercising area, it shall not be necessary to provide a dividing wall and doors between the milking parlour and the holding area or between the milking room and the holding area.

(2) Where a milking parlour and a holding area or a milking room and holding area are not divided by a wall and door, the holding area shall meet the structural and maintenance standards required for milking parlours.

Water supply in milking parlours

24 Water under pressure shall be provided for cleaning purposes in milking parlours and in milking rooms.

Division 5 — Milk Houses

Milk house — general specifications

25 (1) Every milk house shall

(a) be located in a location where

(i) proper and complete drainage may be assured,

(ii) milk tank trucks have easy access to and from the loading area of the milk house, and

(iii) the air in and around the milk house is free from being polluted with dust, smoke, pollen or odours likely to affect the purity or flavour of the milk, and

(b) be located at least 45 m away from any building in which hogs or poultry are kept or any other building, including a dwelling, the proximity of which may result in contamination of the milk.

(2) Foundations and floors shall be constructed of reinforced good quality concrete to an approved design that ensures against settling, sagging or cracking under the combined weight of equipment and contents.

(3) Foundation walls shall be of good quality concrete or equivalent, to at least 30 cm above the floor level.

(4) Floors shall be smooth and sloped to provide complete and rapid drainage.

(5) All floor drains in milk houses shall

(a) be at least 10 cm in diameter,

(b) have drain covers that are at least 30 cm in diameter,

(c) be fitted with traps, and

(d) be located not less than 60 cm from the outlet of the farm holding tank, but not under that tank.

(6) Self closing doors shall

(a) be provided in milk houses, and

(b) be kept closed when not in actual use.

(7) Where a toilet room forms part of a milk house, the toilet room shall

(a) open into a part of the milk house other than where milk is stored,

(b) be vented to the outside, and

(c) have walls that are continuous from floor to ceiling.

(8) Every milk house shall have

(a) a system of ventilation that eliminates odours and moisture condensation,

(b) screens over all outside openings,

(c) adequate lighting, shielded with shatterproof coverings and controlled by convenient interior wall switches,

(d) all inside surfaces of walls and ceilings

(i) constructed of bright rust proof metal, plastic or glazed materials, or

(ii) sealed or painted with a washable, light coloured paint or equivalent,

(e) a minimum ceiling height of 240 cm,

(f) a safety weatherproof electric service plug outlet on the outside wall on the loading side of the milk house that is controlled by an independent switch inside the milk house,

(g) adequate lighting for the loading area, and

(h) a hose port that

(i) is at least 15 cm above the inside floor or the outside ground level, whichever is higher,

(ii) projects through the wall at the loading side,

(iii) is accessible to the outlet valve of the holding tank, and

(iv) has an outside self closing cover.

(9) There shall be no direct entry to a milk house from any other building or area where cattle are housed, fed or treated.

(10) A milk house shall have facilities for

(a) washing and drying of hands, and

(b) washing, sanitizing and storing of utensils.

Rooms and areas near milk houses

26 (1) Rooms, vestibules, storage areas, equipment or utility areas in the immediate vicinity of a milk house shall conform to the same standards of cleanliness and repair that apply to the milk house.

(2) Rooms and vestibules that provide

(a) access from a milk house to a washroom, or

(b) access from a milk house to an area where cattle are housed, fed or treated

shall be at least 120 cm in width and 120 cm in length.

Milk house walkways and driveways

27 (1) A concrete walkway shall be provided outside the milk house door that

(a) is at least 75 cm wide, and

(b) extends past the hose port location.

(2) Every concrete walkway required under subsection (1) shall be

(a) maintained in clean condition, and

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

(3) Driveways shall be constructed and maintained so that safe and easy access is provided to and from the loading area.

Compressors in milk houses

28 Where a compressor is located in a milk house, it shall be located so that no fan on the compressor causes a flow of air from the outside to pass over any opening in a farm holding tank.

No storage in milk houses

29 Milk houses shall not be used for storing clothing, calf feeds, fruit, grain, meat, vegetables, fertilizer, meal, fish, chemicals or any other matter that may be detrimental to milk quality.

No fowl or animals

30 Fowl and animals shall be excluded from milk houses.

Water supply in milk house

31 An adequate supply of hot and cold water shall be provided in every milk house for maintaining the standards of cleanliness required by the Act and this regulation.

Division 6 — Yards and Surrounding Areas

Hospital areas

32 Every farm shall be provided with facilities separate from milking areas for hospitalization, maternity care and insemination of cattle.

Outside drainage

33 (1) Barnyards, surroundings of milk houses and other dairy buildings shall be well drained and arranged so that dust, smoke or odours are not transmitted to the milk house.

(2) Depressions in which water may accumulate shall be drained and filled with soil or gravel.

(3) All drainage from surrounding hillsides, fields and other areas shall be directed away from the barnyard.

Holding areas and fencing

34 (1) Holding areas used for holding cattle prior to milking shall be constructed of good quality concrete or equivalent material.

(2) Cattle and other farm animals shall be fenced away from the area surrounding the milk house and cattle shall be fenced away from manure storage areas.

Division 7 — Equipment and Facilities

Utensils and equipment

35 (1) Utensils and equipment used in the production, cooling, handling, storing or conveying of milk shall

(a) be of a type and material equivalent to 3A Standards, and

(b) conform to the "British Columbia Standards for the Design, Fabrication and Installation of Milking and Milk Handling Equipment".

(2) The equipment referred to in subsection (1) shall be cleaned, sanitized and, when not in use, stored free from contamination by dust or other matter.

(3) Dairy utensils, equipment or supplies shall not be used, washed, sanitized, treated or stored in a building other than a milk house or its associated rooms.

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:

Volume of Contents
in litres
Limits of Tolerance
in litres
0 - 1 000 2
1 001 - 2 000 3
2 001 - 3 000 4
3 001 - 4 500 5
4 501 - 6 000 6
6 001 - 8 000 7
8 001 - 10 000 8
10 001 - 12 000 9
12 001 - 14 000 10
14 001 - 16 000 11
Over 16 000 12

(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 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.

Farm holding tank agitator

37 For the purpose of enabling a representative sample to be secured, every farm holding tank shall be equipped with a motor driven agitator, the speed and design of which provides adequate agitation to restore without splashing or churning the milk uniformity of milk fat content throughout the tank within 5 minutes of starting.

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 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.

Movement of farm holding tank

39 (1) No farm holding tank shall be moved after installation other than under the supervision of an inspector.

(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 milk shipments from that tank becomes necessary, the effective date for adjustments shall be the date on which the Dairy Branch of the ministry was first officially notified of the fault.

Farm holding tanks, measuring rods

40 (1) All measuring rods used to measure 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.

Farm holding tank chart

41 Every 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 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.

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 hot and cold water systems by means of mixing taps or valves, and

(c) a 2 compartment wash sink or 2 separate sinks or, where milking equipment is cleaned in place, a one compartment wash sink.

Part 3 — Certificates, Licences and Permits

Division 1 — Certificates of Approval

Prescribed form

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

Conditions

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

[en. B.C. Reg. 231/85.]

Non-transferable

44 Certificates 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 dairy farm fails to comply with the Act, Parts 1 to 4 of this regulation, the Animal Contagious Diseases Act (Canada)1, 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) and (3) shall be

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

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

[am. B.C. Reg. 83/92, s. 2.]

Division 2 — Licences and Permits

Application for licence

47 An application for a licence or licence renewal under section 12 (1) of the Act shall be made in writing and submitted to the minister.

[en. B.C. Reg. 327/83, s. 1.]

Qualifications for licence

48 (1) No licence shall be issued or renewed under section 12 (1) (b) of the Act unless the applicant is actively engaged in the work for which the licence is issued or renewed.

(2) Except for licence renewal, no licence shall be issued under section 12 (1) (b) of the Act unless the applicant

(a) for a tank milk receiver licence

(i) possess at least 3 months experience as a tank milk receiver that is authorized by an inspector or obtained under the supervision of a licensed tank milk receiver,

(ii) is proficient in detecting objectionable or undesirable odours, physical defects, or objectionable matter in the milk in a farm holding tank,

(iii) demonstrates his proficiency in the conduct of his work in the taking of true representative samples of milk from a farm holding tank for chemical or bacteriological analysis and in the subsequent care and handling of the samples,

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

(v) passes a written and a practical examination covering the matters described in this paragraph, and

(vi) is in good health as certified by a medical practitioner, and

(b) for a dairy plant process worker licence

(i) possesses at least 3 months dairy plant work experience that is authorized by an inspector or obtained under the supervision of a licensed dairy plant process worker,

(ii) demonstrates in the conduct of his 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,

(iii) holds a certificate that confirms the satisfactory completion of a recognized dairy course, or passes a qualifying examination to ensure proficiency,

(iv) is proficient in dairy plant sanitation, equipment sanitation and in the maintenance of that equipment, and

(v) is in good health as certified by a medical practitioner.

Subject matter of licence

49 (1) No person shall grade, receive or haul milk in tank milk trucks unless licensed as a tank milk receiver under section 12 (1) (b) of the Act.

(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.

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) Every person licensed under section 12 (1) (b) of that Act as a tank milk receiver shall carry with him and have available when engaged in his work his tank milk receiver licence.

(3) A licence issued under section 12 of the Act shall be substantially in the form of Form 2 set out in Schedule F.

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

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

Expiry of licences and permits

53 (1) Subject to subsection (2), where a licence or a permit contains an expiry date, it shall cease to be valid on that date and, where it does not contain an expiry date, it shall expire at the end of the calendar year in which it is issued.

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

Tank truck permit

54 No person shall operate a tank truck for transporting 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.

Permit for farm holding tank

55 (1) No person shall use a farm holding tank for measuring and sampling milk as a basis for the sale of that 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.

Part 4 — Sampling, Testing and Grading

Division 1 — General Rules and Fees

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 milk received at his dairy plant or otherwise dealt in.

(2) The methods used for

(a) the receiving of the milk dealt in,

(b) the taking, keeping, testing and analysing of the samples of the 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 Division 2 of this Part.

(3) A representative and proportional sample based on the true net volume of every shipment of milk shall be taken in accordance with Division 2 of this Part.

Fee for testing milk sample

57 Where the Ministry of Agriculture, Fisheries and Food test samples of milk the ministry fee shall not exceed the actual cost of making the test.

Division 2 — Raw Fluid Milk Products

Milk transfers from farm holding tanks

58 (1) No person shall transfer milk from a farm holding tank other than

(a) a tank milk receiver licensee or an inspector, and

(b) in accordance with the procedures set out in subsection (2).

(2) A person who transfers milk from a farm holding tank to a tank truck shall

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

(b) examine the 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 he 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 milk when the agitation stops, as required by paragraphs (h), (i) and (j),

(d) if the agitator is not running when he enters the milk house and if the 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 holding tank,

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

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

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

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

(h) after the 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 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 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 milk;

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

(iv) the time and date of pickup;

(v) the temperature of the milk;

(vi) the signature of the tank milk receiver;

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

(m) leave the milk in the farm holding tank where, in his opinion, that milk

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

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

(n) issue a rejection slip in triplicate where he leaves milk in the farm holding tank in compliance with paragraph (m), stating on the slip the reasons for rejection, leaving the original copy with the owner, the second copy with the dairy plant licensee and keeping the third copy available for at least 3 months for examination by an inspector,

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

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

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

(iii) wash and rinse down the drain any spillages that are on the outer surface of the 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 milk is consigned, and

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

Measuring milk from farm holding tanks

59 (1) Every person who takes and records the volume of 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 milk recorded by the licensed tank milk receiver on bulk milk receipts, and

(b) the corresponding total volume of milk received at the dairy plant and determined at the direction of an inspector, shall not exceed a tolerance of plus or minus 0.5% of the total volume of milk recorded by the licensed tank milk receiver on bulk milk receipts.

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

Cream samples from cans

60 (1) No person shall take samples of cream in a dairy plant other than

(a) a dairy plant process worker who is licensed or an inspector, and

(b) in accordance with the procedures set out in subsection (2).

(2) A person who takes samples of cream in a dairy plant shall

(a) stir each can of cream thoroughly with a rinsed stirring rod until a homogenous mixture is obtained,

(b) grade the cream by taste using a suitable spoon or spatula after each can is stirred,

(c) take a sample of not less than 50 ml from each can,

(d) deposit each sample separate in its own sample bottle,

(e) ensure that each sample bottle is a clean, dry, wide mouth sample bottle,

(f) sample each can shipped by a producer separately where that producer ships more than one can, making individual samples for each of those cans,

(g) place the sample bottles in numerical order in sample cases to ensure each producer's samples are identifiable at all times,

(h) identify the first bottle in each sample case with the sample number, day and month, and

(i) cover the sample bottles with waterproof material and store them away from heat, freezing conditions, condensation and water before and after testing.

(3) No dairy plant process worker shall, in taking samples under the procedures in this section, take or keep time composite samples of cream.

Weighing canned cream

61 (1) The dairy plant licensee shall ensure that each cream shipment received at his dairy plant from a producer is weighed and recorded in accordance with the procedures set out in subsection (2).

(2) The person who takes and records the weight of a cream shipment received at a dairy plant from a producer shall

(a) use a platform scale that is regularly checked and approved by the federal Department of Consumer and Corporate Affairs (Weights and Measures),

(b) record each weight to the nearest 500 grams,

(c) weigh each individual can in the shipment,

(d) record the gross weight, the tare weight and the net weight of each individual can in the shipment, and

(e) record the total net weight for all of the cream that is received from a producer and contained in the same shipment.

Testing milk and cream

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

(2) The analyst who tests a cream shipment received at a dairy plant from a producer shall

(a) within 48 hours of taking samples as required by section 60, prepare samples of cream and immediately test those samples for fat by the Babcock Method as outlined in the Standard Methods and by other tests necessary for discovery of inhibitors and other contaminants,

(b) store the tested samples under refrigeration for at least 2 days after testing, and

(c) within 15 days of the tests, report to the producer of the cream that is sampled and tested the results of the milkfat tests.

(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 Milk 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. Reg. 48/93.]

Sediment in milk and cream

63 (1) The dairy plant licensee shall ensure that milk received at his dairy plant from a producer is sampled and tests made for sediment by or under the direction of an inspector.

(2) The person who makes the tests for sediment in milk that is in farm holding tanks, weigh tanks or other holding tanks or who tests for sediment in other bulk milk supplies shall use the Mixed Sample Method as outlined in the Standards Methods.

(3) Under the direction of an inspector, milk received by a dairy plant licensee at his dairy plant from a producer or another dairy plant licensee may be rejected where the milk contains 1.0 mg or more of sediment in a mixed sample.

(4) Photographs of standards for the grading of sediment discs, prepared by the American Public Health Association, may be used as a guide for determination of sediment content.

Solids and non-fat solids in milk and cream

64 To 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 and cream

65 To 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

66 To 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 and cream

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

Bacteria in milk and cream

68 Where 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.

Division 3 — Grading of Cream

Grading of cream — general

69 (1) The dairy plant licensee shall ensure that cream is graded under the standards set out in this Division within 2 hours of the arrival of the cream at his dairy plant.

(2) No standards other than those set out in this Division shall be applied, advertised or otherwise held out to be applied in the grading of the cream by a dairy plant licensee purchasing the cream.

(3) Every licensee for the operation of a dairy plant where cream is purchased and received shall cause a copy of the standards set out in this Division to be posted in a conspicuous place at that dairy plant.

Grading of table cream

70 (1) Table cream includes any lot of cream that is

(a) non-frozen,

(b) sweet and clean in flavour and odour, and

(c) produced on an approved dairy farm.

(2) The acidity of table cream shall not be more than 17/100 of 1% at the time of grading at the dairy plant.

Premium cream

71 (1) Premium cream includes any lot of cream that is non-frozen and which is sweet and clean in flavour and odour.

(2) The acidity of premium cream shall not be more than 17/100 of 1% at the time of grading at the dairy plant.

Special grade cream

72 (1) Special grade cream includes any lot of cream that is clean in flavour and odour and which is of uniform consistency and suitable for making finest quality butter.

(2) The acidity of special grade cream shall not be more than 30/100 of 1% at the time of grading at the dairy plant.

First grade cream

73 (1) First grade cream

(a) includes any lot of cream that is clean in flavour and odour and which is of uniform consistency and suitable for making first grade butter, and

(b) does not include any cream that is curdy, lumpy, bitter, stale, musty, metallic, unclean or objectionable in flavour or odour.

(2) The acidity of first grade cream shall not be made more than 60/100 of 1% at the time of grading at the dairy plant.

Grading of no grade cream

74 (1) No grade cream includes any lot of cream that

(a) is unclean, mouldy or mildewed,

(b) has a kerosine, gasoline, stinkweed or onion flavour or odour or any similar objectionable flavour or odour, or

(c) has an acidity of more than 60/100 of 1% at the time of grading at the dairy plant.

(2) No dairy plant licensee shall accept or grade at his dairy plant

(a) no grade cream, or

(b) cream that contains insects, vermin or other objectionable substance or material.

Designated abbreviations for grades

75 No person shall use or permit or cause the use of any abbreviation for the purpose of designating any of the grade descriptions under sections 70 to 73 other than the following:

(a) "T" for table cream;

(b) "Pr" for premium cream;

(c) "Sp" for special grade;

(d) "1" for first grade.

Division 4 — Grading of Milk

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) A tank milk receiver who rejects milk in a farm holding tank shall do so in accordance with section 58 (2) (n).

Milk to be rejected

77 (1) Milk taken from cattle 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 tank milk receiver may reject it or leave it in the farm holding tank.

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 before supplying, selling or offering it for sale in fluid form.

(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) The director may require a test for water dilution in conjunction with a test required by this section.

(4) The samples shall be taken by a tank milk receiver, 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 the Animal Industry Branch, Health Management and Regulation 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).]

Division 5 — Finished Products

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

82 No 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.

Part 5 — Dairy Plants

Division 1 — General

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 openings to the outside, and elsewhere in the dairy plant as may be required, shall be effectively screened or provided with doors or with other effective means to eliminate dust, insects, flies, rodents and animals.

(5) Rooms shall be ventilated to prev