NEW BRUNSWICK
REGULATION 86-118
under the
DAIRY PRODUCTS ACT
(O.C. 86-660)
Filed
August 21, 1986
Under section 30 of the Dairy Products Act, the Lieutenant-Governor in Council approves the following Regulation made by the Farm Products Marketing Commission:
1 This Regulation may be cited as the Milk Quality Regulation - Dairy Products Act.
2 In this Regulation
"abnormal milk" means milk which contains antibiotics or other pharmaceutical materials, insecticides, pesticides, radionuclides, toxins, extraneous materials, colostrum or an excessive number of somatic cells;
"Act" means the Dairy Products Act;
"Board" means the New Brunswick Milk Marketing Board;
"bulk milk receiving station" means premises equipped with facilities for the receiving, storing or transferring of raw milk in bulk;
"bulk tank milk grader" means a person who grades, samples, determines and records the volume or weight of milk in a farm bulk tank and transfers milk from a farm bulk tank to a milk tank truck;
"dairy animal" means a cow;
"dairy barn" means a building used to stable or house dairy animals and includes feeding areas and holding pens used in conjunction with a milking parlour;
"farm bulk tank" means a stationary storage tank used only for the holding and cooling of milk on the premises of a producer-supplier and includes fixtures thereto and the equipment required for the use of the tank;
"fluid milk quota premium" means the premium that is paid by the Board to a producer-supplier who markets a quantity of milk as fluid milk during a specified period equivalent to the fluid quota allocation of the producer-supplier for the specified period;
"gauge rod" means a graduated rod made of stainless steel used to determine the volume or weight of milk in a farm bulk tank and used in conjunction with a conversion chart, both of which bear identical serial numbers to that on the farm bulk tank;
"gross milk value" means, with respect to any period, the value of the milk of a producer-supplier purchased by the Board during the period after the deduction of fluid milk quota premiums;
"inspector" means an inspector appointed by the Commission under the Act;
"laboratory pasteurization count" means the determination of the number of bacteria per millilitre of raw milk able to remain viable after being subjected to laboratory pasteurization, as determined by a method or methods approved by the Association of Official Analytical Chemists, the International Dairy Federation or the American Public Health Association;
"milk" means milk from cows;
"milk tank truck" means a motor vehicle having a tank used for the purpose of hauling milk on public highways in the Province or for the purpose of hauling cream on public highways in the Province and includes a tractor-trailer used for such purpose;
"milking parlour" means a facility that is used exclusively for the milking of dairy animals;
"oxidized flavour" means the distinctive flavouring of raw milk that develops as the result of oxidization of polyunsaturated fatty acids in raw milk;
"processing" means changing the nature of raw milk by mechanical means or otherwise, and includes separating, homogenizing, pasteurizing and packaging;
"raw milk" means milk as obtained from cows but before processing;
"standard plate count" means the determination of the number of viable bacteria per millilitre of raw milk as determined by a method or methods approved by the Association of Official Analytical Chemists, the International Dairy Federation or the American Public Health Association;
"truck tank" means a stainless steel tank designed and used for the transporting of milk or cream and mounted on a truck or trailer;
"truck tank wash station" means an establishment operating a Clean-in-Place (C.I.P.) wash-up system for the cleaning and sanitizing of truck tanks and the cleaning of milk tank trucks;
"unnatural inhibitors" means substances which are not naturally occurring in milk and which inhibit bacterial growth as determined by a method or methods approved by the Association of Official Analytical Chemists, the International Dairy Federation or the American Public Health Association.
90-18
PART I
TESTING, STORAGE AND INSPECTION
3(1) A producer-supplier shall, when required by the Commission or Department of Health, provide samples of his raw milk for testing.
3(2) The raw milk of a producer-supplier may at any time be subjected to any test in this Part or to any other test that may be required by the Commission or the Department of Health.
3(3) No milk sample of a producer-supplier shall be tested unless obtained from the producer-supplier by a bulk tank milk grader or an inspector.
3(4) A milk sample of a producer-supplier obtained by a bulk tank milk grader or inspector under this Regulation is the property of the Commission.
3(5) A milk sample shall be tested under this Part only by
(a) a laboratory designated by the Commission or the Department of Health,
(b) an inspector, or
(c) a person authorized by the Commission, the Department of Health or an inspector.
90-18; 2000, c.26, s.209; 2006, c.16, s.121
4 The owner or operator of a dairy plant or a bulk milk receiving station shall
(a) provide refrigerated storage facilities for the storing of milk samples of producer-suppliers, and
(b) ensure that the milk samples are stored in racks at a temperature of between 1° Celsius and 4° Celsius.
5(1) An inspector may, as often as the Commission deems necessary, inspect the premises of bulk milk receiving stations and truck tank wash stations and may also inspect milk tank trucks.
5(2) An inspector may accompany a bulk tank milk grader in the course of his duties.
5(3) Where an inspector inspects premises or facilities under this Regulation or the Act, he shall send one copy of his inspection report to the person inspected, one copy to the Commission and shall retain one copy for his records.
BACTERIAL COUNTS IN RAW MILK
6 The results of a standard plate count taken with respect to the raw milk of a producer-supplier shall be classified in the following manner:
(a) excellent - standard plate count not in excess of three thousand bacteria per millilitre of raw milk;
(b) good - standard plate count in excess of three thousand but not in excess of five thousand bacteria per millilitre of raw milk;
(c) fair - standard plate count in excess of five thousand but not in excess of thirty thousand bacteria per millilitre of raw milk;
(d) poor - standard plate count in excess of thirty thousand but not in excess of fifty thousand bacteria per millilitre of raw milk; and
(e) unacceptable - standard plate count in excess of fifty thousand bacteria per millilitre of raw milk.
94-31
7 The results of a laboratory pasteurization count taken with respect to the raw milk of a producer-supplier shall be classified in the following manner:
(a) excellent - laboratory pasteurization count not in excess of thirty bacteria per millilitre of raw milk;
(b) good - laboratory pasteurization count in excess of thirty but not in excess of one hundred bacteria per millilitre of raw milk;
(c) fair - laboratory pasteurization count in excess of one hundred but not in excess of five hundred bacteria per millilitre of raw milk;
(d) poor - laboratory pasteurization count in excess of five hundred but not in excess of one thousand bacteria per millilitre of raw milk; and
(e) unacceptable - laboratory pasteurization count in excess of one thousand bacteria per millilitre of raw milk.
94-31
8 The Commission shall notify in writing a producer-supplier whose raw milk has an unacceptable standard plate count or laboratory pasteurization count and the notification shall set out the provisions of sections 9, 28.1, 28.2 and 28.3.
90-18
9(1) A producer-supplier whose raw milk produces
(a) more than three unacceptable standard plate counts,
(b) more than three unacceptable laboratory pasteurization counts, or
(c) more than a total of three unacceptable standard plate counts and laboratory pasteurization counts,
within a period of twelve consecutive months, commencing with the first unacceptable count, shall pay a penalty.
9(2) The method by which a penalty referred to in subsection (1) is calculated is as follows:
(a) for the fourth unacceptable count within the period of twelve consecutive months, two per cent of the gross milk value for the month in which the unacceptable count was produced;
(b) for the fifth unacceptable count within the period of twelve consecutive months, four per cent of the gross milk value for the month in which the unacceptable count was produced;
(c) for the sixth unacceptable count within the period of twelve consecutive months, six per cent of the gross milk value for the month in which the unacceptable count was produced;
(d) for the seventh unacceptable count within the period of twelve consecutive months, eight per cent of the gross milk value for the month in which the unacceptable count was produced;
(e) for the eighth unacceptable count within the period of twelve consecutive months, ten per cent of the gross milk value for the month in which the unacceptable count was produced;
(f) for the ninth unacceptable count within the period of twelve consecutive months, twenty per cent of the gross milk value for the month in which the unacceptable count was produced;
(g) for the tenth unacceptable count within the period of twelve consecutive months, thirty per cent of the gross milk value for the month in which the unacceptable count was produced;
(h) for the eleventh unacceptable count within the period of twelve consecutive months, forty per cent of the gross milk value for the month in which the unacceptable count was produced; and
(i) for each subsequent unacceptable count within the period of twelve consecutive months, fifty per cent of the gross milk value for the month in which the unacceptable count was produced.
90-18; 2004-42
10 Repealed: 90-18
90-18
11 For the purposes of section 9, where the same sample of raw milk of a producer-supplier receives an unacceptable standard plate count and laboratory pasteurization count, it shall be deemed to be one unacceptable count only and the Commission has the discretion to decide which one it shall be.
90-18
12 Repealed: 90-18
90-18
PRESENCE OF UNNATURAL INHIBITORS IN RAW
MILK
13 Raw milk giving a positive test indicating bacterial inhibition after it has been heated to 82° Celsius for five minutes is deemed to contain unnatural inhibitors.
14 A producer-supplier whose raw milk is found to contain unnatural inhibitors shall, upon notification to that effect, remove and dispose of any raw milk in his farm bulk tank that the Commission, or a person appointed by the Commission, has reason to believe may contain unnatural inhibitors and the producer-supplier shall protect his supply of raw milk from unnatural inhibitors.
15 The Commission shall notify in writing a producer-supplier whose raw milk, on testing, indicates the presence of unnatural inhibitors and the notification shall set out the provisions of sections 16, 28.1, 28.2 and 28.3.
90-18
16(1) A producer-supplier whose raw milk is found to contain unnatural inhibitors within a period of twelve consecutive months, commencing with the first occurrence, shall pay a penalty.
16(2) The method by which a penalty referred to in subsection (1) is calculated is as follows:
(a) for the first occurrence within the period of twelve consecutive months, two per cent of the gross milk value for the month in which the unnatural inhibitors were found;
(b) for the second occurrence within the period of twelve consecutive months, six per cent of the gross milk value for the month in which the unnatural inhibitors were found;
(c) for the third occurrence within the period of twelve consecutive months, twelve per cent of the gross milk value for the month in which the unnatural inhibitors were found;
(d) for the fourth occurrence within the period of twelve consecutive months, sixteen per cent of the gross milk value for the month in which the unnatural inhibitors were found; and
(e) for each subsequent occurrence within the period of twelve consecutive months, twenty per cent of the gross milk value for the month in which the unnatural inhibitors were found.
90-18
17 Repealed: 90-18
90-18
18 Repealed: 90-18
90-18
PRESENCE OF WATER IN RAW MILK
19(1) The standards respecting the testing for the presence of water in raw milk shall be as follows:
(a) water is suspected to have been added to raw milk where the freezing temperature of raw milk is between -0.530 degrees Hortvet and -0.525 degrees Hortvet; and
(b) water is presumed to have been added to raw milk where the freezing temperature of raw milk is higher than -0.525 degrees Hortvet.
19(2) For the purpose of subsection (1), the freezing temperature of raw milk shall be determined by a method or methods approved by the Association of Official Analytical Chemists or the International Dairy Federation.
20 The Commission shall notify in writing a producer-supplier whose raw milk, on testing, indicates that water is presumed to have been added to it and the notification shall set out the provisions of sections 21, 28.1, 28.2 and 28.3.
90-18
21(1) A producer-supplier whose raw milk, on testing, indicates that water is presumed to have been added to it within a period of twelve consecutive months, commencing with the first occurrence, shall pay a penalty.
21(2) The method by which a penalty referred to in subsection (1) is calculated is as follows:
(a) for the first occurrence within the period of twelve consecutive months, two per cent of the gross milk value for the month in which the water is presumed to have been added;
(b) for the second occurrence within the period of twelve consecutive months, four per cent of the gross milk value for the month in which the water is presumed to have been added;
(c) for the third occurrence within the period of twelve consecutive months, six per cent of the gross milk value for the month in which the water is presumed to have been added;
(d) for the fourth occurrence within the period of twelve consecutive months, eight per cent of the gross milk value for the month in which the water is presumed to have been added; and
(e) for each subsequent occurrence within the period of twelve consecutive months, ten per cent of the gross milk value for the month in which the water is presumed to have been added.
90-18
22 Repealed: 90-18
90-18
23 Repealed: 90-18
90-18
PRESENCE OF SOMATIC CELLS IN RAW MILK
90-18
23.1 The results of a somatic cell count taken with respect to the raw milk of a producer-supplier shall be classified in the following manner:
(a) excellent - somatic cell count not in excess of one hundred thousand cells per millilitre of raw milk;
(b) good - somatic cell count in excess of one hundred thousand but not in excess of two hundred thousand cells per millilitre of raw milk;
(c) fair - somatic cell count in excess of two hundred thousand but not in excess of three hundred and fifty thousand cells per millilitre of raw milk;
(d) poor - somatic cell count in excess of three hundred and fifty thousand but not in excess of
(i) seven hundred thousand cells per millilitre of raw milk, with respect to a somatic cell count taken on or after April 1, 1994 and before January 1, 1995,
(ii) six hundred thousand cells per millilitre of raw milk, with respect to a somatic cell count taken on or after January 1, 1995 and before January 1, 1996, and
(iii) five hundred thousand cells per millilitre of raw milk, with respect to a somatic cell count taken on or after January 1, 1996; and
(e) unacceptable - somatic cell count in excess of
(i) seven hundred thousand cells per millilitre of raw milk, with respect to a somatic cell count taken on or after April 1, 1994 and before January 1, 1995,
(ii) six hundred thousand cells per millilitre of raw milk, with respect to a somatic cell count taken on or after January 1, 1995 and before January 1, 1996, and
(iii) five hundred thousand cells per millilitre of raw milk, with respect to a somatic cell count taken on or after January 1, 1996.
90-18; 94-31
23.2 The Commission shall notify in writing a producer-supplier whose raw milk has an unacceptable somatic cell count and the notification shall set out the provisions of sections 23.3, 28.1, 28.2 and 28.3.
90-18
23.3(1) A producer-supplier whose raw milk produces more than three unacceptable somatic cell counts within a period of twelve consecutive months, commencing with the first unacceptable count, shall pay a penalty.
23.3(2) The method by which a penalty referred to in subsection (1) is calculated is as follows:
(a) for the fourth unacceptable count within the period of twelve consecutive months, two per cent of the gross milk value for the month in which the unacceptable count was produced;
(b) for the fifth unacceptable count within the period of twelve consecutive months, four per cent of the gross milk value for the month in which the unacceptable count was produced;
(c) for the sixth unacceptable count within the period of twelve consecutive months, six per cent of the gross milk value for the month in which the unacceptable count was produced;
(d) for the seventh unacceptable count within the period of twelve consecutive months, eight per cent of the gross milk value for the month in which the unacceptable count was produced;
(e) for the eighth unacceptable count within the period of twelve consecutive months, ten per cent of the gross milk value for the month in which the unacceptable count was produced;
(f) for the ninth unacceptable count within the period of twelve consecutive months, twenty per cent of the gross milk value for the month in which the unacceptable count was produced;
(g) for the tenth unacceptable count within the period of twelve consecutive months, thirty per cent of the gross milk value for the month in which the unacceptable count was produced;
(h) for the eleventh unacceptable count within the period of twelve consecutive months, forty per cent of the gross milk value for the month in which the unacceptable count was produced; and
(i) for each subsequent unacceptable count within the period of twelve consecutive months, fifty per cent of the gross milk value for the month in which the unacceptable count was produced.
90-18; 2004-42
OXIDIZED FLAVOUR OF RAW MILK
24 The Commission shall notify in writing a producer-supplier whose raw milk, when held at a temperature of 1° to 4° Celsius and on testing, is found to have developed an oxidized flavour within seventy-two hours following collection from the producer-supplier's farm bulk tank.
25 The notification by the Commission under section 24 shall set out the provisions of section 26.
26 A producer-supplier whose raw milk, when held at a temperature of 1° to 4° Celsius and on testing, is found to have developed an oxidized flavour within seventy-two hours following collection from the producer-supplier's farm bulk tank may, upon notification by the Commission, be prohibited from marketing raw milk, except for such purposes as may be permitted by the Commission, for such period of time as is specified by the Commission in the notification.
27 The first collection by milk tank truck of the raw milk of a producer-supplier, subsequent to a prohibition of marketing under section 26, shall consist of a quantity specified by the Commission.
NOTIFICATION
28(1) Notification by the Commission under this Part shall be in writing and shall be mailed by registered mail to a producer-supplier.
28(2) A notification mailed to a producer-supplier under subsection (1) shall be deemed to have been received by the producer-supplier not later than the third day after the day of mailing.
28(3) The Commission shall notify the Board in writing of the imposition of a penalty on a producer-supplier under this Part and subsections (1) and (2) apply with the necessary modifications to such notification.
90-18
PENALTIES
28.1 The amount of a penalty shall be determined by the Board in accordance with the method by which the penalty is calculated as set out in this Part.
90-18
28.2 A penalty is payable on or before the fifteenth day of the month next following the month for which the penalty was imposed.
90-18
28.3 A penalty is payable to the Board and shall be deducted by the Board from the money payable to a producer-supplier for the milk purchased by the Board from the producer-supplier.
90-18
28.4(1) The Board shall deposit a penalty in a fund established for that purpose by the Commission.
28.4(2) The fund referred to in subsection (1) shall be used for the purpose of improving milk quality.
90-18
PART II
GENERAL REQUIREMENTS
29(1) A producer-supplier shall have a dairy barn and shall ensure that his dairy barn complies with the requirements set out in this Part.
29(2) Where a producer-supplier has a free stall barn, the free stall barn shall
(a) be equipped with a milking parlour,
(b) have free stalls equivalent in number to eighty-five per cent of the dairy animals,
(c) be designed and constructed so as to facilitate cleaning on a daily basis, and
(d) have alleys with a stall curb of at least twenty centimetres above the alley floor in free stall areas.
29(3) Where a producer-supplier has a tie stall barn, the tie stall barn shall
(a) have mangers, dairy animal stands and gutters made of concrete or other material which is impervious to moisture and is easy to clean,
(b) have gutters of sufficient size to accommodate manure accumulated between milkings,
(c) have walls, ceilings and partitions constructed of material which is tightly fitted and impervious to moisture, and
(d) have alley-ways and walk-ways of adequate width both behind and in front of the dairy animal to accommodate feeding, milking and cleaning.
30 A dairy barn shall
(a) be of sufficient size to accommodate the dairy herd without crowding,
(b) have adequate drainage,
(c) have exterior walls and a roof covered with material of a type that is weather-proof and which has been approved for use by the Commission, and
(d) have a floor made of concrete or other material which is impervious to moisture and which can be easily and thoroughly cleaned.
31 A producer-supplier shall ensure that
(a) the immediate surroundings of a dairy barn are kept in a neat and clean condition,
(b) all dead animals are immediately removed from the dairy barn or surrounding area,
(c) all dairy animal yards are graded, drained and kept clean and maintained in a clean, tidy condition, free from the accumulation of manure and refuse,
(d) all manure is removed regularly to prevent accumulation on dairy animals, and
(e) manure and other refuse is disposed of in such a manner as to prevent the breeding of flies, insects and vermin.
32 A producer-supplier shall ensure that the premises and buildings where dairy animals are milked are
(a) adequately lighted and ventilated and free from odours,
(b) clean, tidy and in a sanitary condition,
(c) free from dust, cobwebs, flies, insects and vermin,
(d) constructed and maintained in a manner that supports the health, comfort and cleanliness of the dairy animals, and
(e) maintained in good repair.
33 A producer-supplier shall
(a) stable dairy animals separate and apart from other animals,
(b) keep only bovine animals in those parts of the dairy barn used for milking, and
(c) ensure that offspring of dairy animals are not tied in walkways behind milking dairy animals.
MILKING PARLOUR
34 A producer-supplier with a free stall barn shall have a milking parlour and shall ensure that it
(a) is separated from the milk house by a partition equipped with a self-closing door,
(b) has floors, ramps and platforms made of concrete or similar material that is smooth, free from cracks and easy to clean,
(c) has walls and ceilings with smooth surfaces which are impervious to liquids and easy to clean,
(d) has a platform and milking pit area that are both sloped towards trapped, covered drains which will drain all liquids from the parlour to a location outside the parlour,
(e) has an adequate supply of potable water which when delivered through a hose will permit effective cleaning of the parlour after each milking,
(f) is properly ventilated and adequately lighted, and
(g) is adequately insulated so as to prevent the formation of condensation inside the structure.
MILK HOUSE
35(1) A producer-supplier shall have a milk house in which the cooling, handling and storing of milk and the washing, bactericidal treatment and storing of milk equipment containers and utensils is done.
35(2) No producer-supplier shall use a milk house for any purpose other than those specified in subsection (1).
35(3) Notwithstanding subsection (2), a producer-supplier may have in a milk house a refrigerator which is used for storing medication for his dairy animals, if the refrigerator is kept clean and tidy at all times.
36(1) A milk house shall be separate from all buildings or dwellings other than a dairy barn and it may be separate from a dairy barn.
36(2) Where a milk house is attached directly to a dairy barn, there shall be a vapour-proof wall dividing the two structures and the doorway between the structures shall be fitted with a self-closing door.
37(1) A producer-supplier shall ensure that a milk house
(a) has a floor which
(i) is made of concrete and finished to provide a smooth flat surface free of cracks,
(ii) has a minimum slope of one centimetre per metre towards a floor drain, and
(iii) is capable of supporting milk storage and cooling facilities when they are filled to capacity,
(b) has walls
(i) made of concrete extending from the floor line to a minimum height of twenty-five centimetres above the floor line and finished to provide a smooth surface, and
(ii) that have the remaining interior portion covered with a smooth hard material which is impervious to moisture,
(c) has a ceiling covered with a smooth hard material which is impervious to moisture,
(d) has at least one properly trapped floor drain, ten centimetres or more in diameter, which is located not less than sixty centimetres from the farm bulk tank outlet,
(e) has properly trapped sink drains,
(f) has floor and sink drains connected to a closed sewer pipe not less than ten centimetres in diameter, which pipe is located under the milk house floor and which discharges into a proper sewage disposal facility outside the milk house,
(g) has at least one door leading to the outside,
(h) has a hoseport which
(i) has easy access to the outlet valve of the farm bulk tank,
(ii) is at least fifteen centimetres above the floor level of the milk house or the outside grade level, whichever is higher, and
(iii) is equipped with a self-closing door,
(i) has a concrete or asphalt pad of a minimum size of sixty centimetres by sixty centimetres located directly outside the main entrance underneath the hoseport area,
(j) has a minimum distance of fifteen centimetres between the exterior underside of the farm bulk tank and the milk house floor, unless the farm bulk tank has a rounded bottom, in which case the minimum distance shall be ten centimetres,
(k) has sufficient distance between the top of the farm bulk tank and the ceiling of the milk house to allow easy removal of the gauge rod from the farm bulk tank,
(l) has a minimum passageway of sixty centimetres around the sides and back of the farm bulk tank, and minimum passageway of ninety centimetres along the front end of the farm bulk tank,
(m) has a minimum passageway of ninety centimetres along the front of the wash sinks and utensil racks, and
(n) has exterior walls and roof which are covered with metal, asphalt roofing, cedar shingles or other type of material which has been approved for use by the Commission.
37(2) Where a milk house contains a toilet or shower facility, the facility must be in a completely enclosed room which has a self-closing door that does not open directly into the milk house and a toilet facility must be equipped with a hand sink.
37(3) A producer-supplier shall ensure that a milk house is equipped with the following:
(a) a farm bulk tank that complies with section 39;
(b) milk cooling facilities;
(c) non-corrosive metal racks for proper storage of utensils and milking equipment;
(d) a double compartment dairy sink with taps which supply hot and cold potable water or where an automatic cleaning system is used, a single compartment dairy sink and a utility sink; and
(e) an adequate supply of hot and cold potable water under pressure, with a hose attached to an outlet separate from the sink for the purpose of cleaning the milk house floor and farm bulk tank.
37(4) A producer-supplier shall ensure that a milk house
(a) is maintained in good repair,
(b) is clean, tidy and in a sanitary condition,
(c) is kept free from flies, insects and vermin,
(d) is adequately lighted and ventilated and is free from objectionable odours,
(e) has adequate drainage, and
(f) is adequately insulated so as to prevent freezing and the formation of condensation inside the structure.
38 No producer-supplier shall allow animals or fowl to enter a milk house.
FARM BULK TANK
39(1) A farm bulk tank shall be equipped with
(a) a mechanical agitator capable of stirring milk in the tank without splashing or churning, so that the milk is thoroughly mixed within five minutes,
(b) a gauge rod which is plainly marked with graduation marks not further than one millimetre apart beginning at the bottom of the rod,
(c) an indicating thermometer with scale divisions of at least three millimetres for each change of 2° Celsius within a range of temperature from 0° Celsius to 50° Celsius that measures accurately to within 1° Celsius of the actual temperature of the milk in the tank, and located so as to register the temperature of the milk from twenty per cent of the tank's capacity to its maximum capacity,
(d) adjustable support legs capable of
(i) supporting the weight of the tank when filled to capacity,
(ii) adjusting the tank to a level position, and
(iii) raising the tank high enough for the attachment of fittings and for draining the tank,
(e) leg sockets with the outsides painted or made of corrosion resistant material, and
(f) refrigeration facilities capable of cooling the maximum capacity of milk obtained directly from the dairy herd to a temperature of 4° Celsius or lower within one hour of milking, and capable of maintaining milk at that temperature at all times except for the subsequent addition of milk obtained directly from the dairy herd at which time the temperature of the milk shall not exceed 10° Celsius.
39(2) A farm bulk tank shall
(a) be installed and calibrated to provide an accurate measurement of the milk in the tank,
(b) be installed in the milk house so that the outlet valve has easy access to the hoseport,
(c) be used only for the cooling and storing of the milk to be used for human consumption,
(d) be of sufficient size to cool and store the entire volume of milk produced from not less than five milkings at time of peak production and yet be capable of properly cooling and agitating the milk from the first of such milkings during the periods of lowest production of a dairy herd,
(e) have a fixed point for the suspension of the gauge rod,
(f) have a conversion chart which shows the number of litres of milk for each graduation mark of the gauge rod,
(g) have its gauge rod and conversion chart stamped with serial numbers identical to the serial number on the tank,
(h) have all parts which come into contact with milk easily cleanable and accessible and made of stainless steel with no cracks or open seams on the surfaces,
(i) have the inside lining of its bottom sloped to an outlet so as to provide for complete drainage, and
(j) have a stainless steel outlet valve.
39(3) Where a farm bulk tank is welded or soldered and the repaired surface comes into contact with the milk,
(a) the metal used in the weld or solder shall be corrosive resistant stainless steel, and
(b) the weld or solder shall be ground smooth and polished so that it is flush with the adjoining surface.
40 No person shall agitate milk in a farm bulk tank by the use of compressed air.
MILKING EQUIPMENT AND UTENSILS
41(1) A producer-supplier shall
(a) have adequate milking equipment and utensils for the producing, handling and storing of milk,
(b) have equipment and materials for cleaning, rinsing and sanitizing milking equipment and utensils,
(c) have udder wash, paper towels and teat dip for the sanitizing of the udders and teats of dairy animals, and
(d) keep his milking equipment and utensils in sanitary condition and in good repair.
41(2) No producer-supplier shall use milking equipment or utensils for the production, handling or storage of milk which
(a) adversely affect the flavour of milk,
(b) have rough surfaces or surfaces that cannot be easily cleaned,
(c) have joints that are not flush with the surfaces, or
(d) have open seams, cracks or exposed threads.
41(3) No producer-supplier shall use milking equipment or utensils for purposes other than for the producing, storing or handling of milk.
41(4) A producer-supplier shall ensure that milking equipment, which is not permanently installed, and utensils are properly stored in a milk house or milking parlour.
41(5) No person shall use milking equipment or utensils unless they have been
(a) rinsed with cold or lukewarm water and thoroughly cleaned after each use, and
(b) properly sanitized immediately before each use.
42 Where in the opinion of an inspector, a piece of equipment or a utensil is unsatisfactory for the producing, storing or handling of milk, no person shall use the equipment or utensil for those purposes.
MILKING OF DAIRY ANIMALS
43(1) A producer-supplier shall ensure that his dairy animals
(a) are clean and in good health and free from any condition or disease which adversely affects the quality of the milk, and
(b) have the hair on their udders, flanks, sides and tails free from dirt and manure.
43(2) Where in the opinion of a veterinarian, a dairy animal is suffering from a condition or disease that may adversely affect the quality of milk, that animal shall be isolated by the producer-supplier from the rest of the dairy animals from which milk is being obtained.
44 No person shall milk a dairy animal or handle milk, milking equipment or utensils unless he
(a) has washed his hands immediately before milking,
(b) has cleaned the udder and teats of the dairy animal and treated them with a sanitizing solution and dried them with a paper towel immediately before milking,
(c) is in good health and free from infected cuts or lesions on his hands or arms, and
(d) is cleanly dressed.
BULK TANK MILK GRADER
45 No person shall perform the duties of a bulk tank milk grader unless he is licensed by the Commission.
46 No person shall transfer milk from a farm bulk tank to a milk tank truck except a bulk tank milk grader.
47(1) Before transferring milk from a farm bulk tank to a milk tank truck, a bulk tank milk grader shall examine the milk and determine the volume, quality and temperature of the milk in the farm bulk tank.
47(2) A bulk tank milk grader shall compute the volume of milk in the farm bulk tank by using the gauge rod on the farm bulk tank in conjunction with a conversion chart, both of which bear serial numbers identical to the serial number on the farm bulk tank.
47(3) Immediately after determining the volume of milk in the farm bulk tank, a bulk tank milk grader shall examine the milk in the farm bulk tank and determine its quality.
47(4) Immediately after determining the volume and quality of milk in the farm bulk tank, a bulk tank milk grader shall cause the milk in the tank to be agitated for at least five minutes and as much longer as may be necessary for the milk to be thoroughly mixed.
47(5) Immediately after the agitation of the milk in the farm bulk tank, a bulk tank milk grader shall determine the temperature of the milk.
48(1) A bulk tank milk grader shall reject milk in a farm bulk tank if it
(a) is not sweet and clean,
(b) has an objectionable flavour or odour,
(c) shows evidence of being watery, flaky, stringy, bloody, ropy, thick, coagulated, adulterated or unsanitary,
(d) contains foreign matter, including insects or vermin,
(e) contains melted fat,
(f) contains, to his knowledge at the time, an unnatural inhibitor,
(g) is at a temperature above 10° Celsius,
(h) subject to subsection (2), is at a temperature above 4° Celsius,
(i) otherwise exhibits abnormal odours, tastes or appearances, or
(j) cannot be agitated in the farm bulk tank.
48(2) Where milk obtained directly from a dairy herd has been added to a farm bulk tank less than one hour before a temperature reading of the milk is taken by a bulk tank milk grader and the temperature of the milk exceeds 4° Celsius, the bulk tank milk grader shall not reject the milk at that time, but he shall take a second temperature reading of the milk after a full hour has passed from the time the milk was added to the farm bulk tank and if the milk is at a temperature above 4° Celsius, he shall reject the milk.
49(1) Where a bulk tank milk grader rejects milk in a farm bulk tank, he shall not transfer any of the milk from the farm bulk tank to a milk tank truck but shall complete a rejection notice to the producer-supplier which contains
(a) the date,
(b) the volume of milk in the farm bulk tank,
(c) the reading of the gauge rod,
(d) the temperature of the milk,
(e) the reason for rejection, and
(f) any additional information that the Commission may require him to provide.
49(2) The bulk tank milk grader shall sign the completed rejection notice and attach it to the farm bulk tank.
49(3) The bulk tank milk grader shall notify the Commission in writing of the rejection of milk of a producer-supplier not later than the next working day and shall provide the Commission with the information in subsection (1).
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50 Where a bulk tank milk grader does not reject milk in a farm bulk tank, he shall complete a report to the producer-supplier which contains
(a) the date,
(b) the volume of milk in the farm bulk tank,
(c) the reading of the gauge rod,
(d) the temperature of the milk, and
(e) any additional information that the Commission may require him to provide.
51(1) Immediately after completing his rejection notice under section 49 or his report under section 50, as the case may be, a bulk tank milk grader shall take one or more samples of milk from the farm bulk tank by a method and in such a volume as is required by the Commission.
51(2) Before obtaining a sample of milk from a farm bulk tank, a bulk tank milk grader shall
(a) identify the sample by means of affixing a label bearing the number of the producer-supplier to a sample container,
(b) inscribe his name or initials on the label, and
(c) indicate on the sample container, the date, name of the producer-supplier and any other identification and information that the Commission may require.
51(3) Each sample of milk obtained under subsection (1) shall be placed in a container used only for holding samples of milk from one producer-supplier's farm bulk tank.
51(4) Each sample of milk obtained under subsection (1) shall be constantly maintained at a temperature within the range of 1° Celsius to 4° Celsius until delivered to a dairy plant or bulk milk receiving station.
51(5) A bulk tank milk grader shall, if required by the Commission, prepare a composite sample of milk of a producer-supplier to which he shall add a preservative in an amount sufficient to preserve the composite sample for not less than fifteen days.
52 Where a bulk tank milk grader has obtained one or more samples of milk under section 51 and where he has not rejected the milk, he shall
(a) transfer the milk from the farm bulk tank to a milk tank truck, and
(b) rinse the farm bulk tank with cold or lukewarm water.
TRANSPORTER
53 No person shall perform the duties of a transporter unless he is the holder of a licence from the Commission.
54(1) A transporter shall provide a milk tank truck that
(a) meets the requirements of this Regulation,
(b) has been inspected and approved by a person appointed by the Commission, and
(c) is in good mechanical condition.
54(2) A transporter shall ensure that
(a) milk is not transferred from a farm bulk tank to a milk tank truck except by a bulk tank milk grader,
(b) the milk is transferred to and from a milk tank truck by means of a hose,
(c) all milk collected by him is transported without undue delay,
(d) no milk remains overnight in a milk tank truck except in an emergency situation, and
(e) a milk tank truck is used to transport only milk or potable water.
54(3) A transporter shall ensure that the farm bulk tank of a producer-supplier is completely emptied not less than three times per week and that milk is not left in a farm bulk tank for more than two intervening days.
55 A milk tank truck shall be equipped with
(a) a tank with a smooth inside lining and all parts which come into contact with milk shall be made of stainless steel and free from cracks, rough welds, rough solder or open seams,
(b) an insulated dust-tight compartment which is constructed of stainless steel and used for the holding of a milk hose, a pump and other equipment used for transferring milk to or from the milk tank truck,
(c) an insulated dust-tight compartment which is used for holding samples of milk and which maintains such samples at a temperature within a range of 1° Celsius to 4° Celsius,
(d) a hose, truck tank gaskets and milk pump and all moving parts which come into contact with milk shall be made of a material that is readily cleanable, is non-toxic and will not affect the flavour of milk during the transfer of milk to or from the milk tank truck, and
(e) spray ball equipment for cleaning all surfaces that come into contact with milk, by means of the continuous circulation of a cleaning solution.
56(1) A transporter shall
(a) immediately after unloading the last load of the day or shift, rinse the interior surface of the truck tank with cold or lukewarm water, and thoroughly clean and sanitize all surfaces of the tank, pump and all other equipment that comes in contact with milk,
(b) record the details of such cleaning and sanitizing on a form approved by the Commission,
(c) keep such records for a period of not less than sixty days, and
(d) ensure that all surfaces of the tank and truck that do not come in contact with milk are maintained in a clean condition.
56(2) The cleaning and sanitizing of a milk tank truck shall be done at a truck tank wash station as referred to in section 57.
TRUCK TANK WASH STATION
57 An owner of a dairy plant or an owner of a bulk milk receiving station shall provide or have readily available a truck tank wash station that complies with section 58, unless he has obtained an exemption from the Commission.
58(1) An owner of a truck tank wash station shall have the equipment and materials necessary for the cleaning and sanitizing of truck tanks and the cleaning of milk tank trucks.
58(2) An owner of a truck tank wash station shall provide and use only detergents, wetting agents, sanitizing agents or other similar materials that are recommended by the manufacturers thereof for the cleaning and sanitizing of truck tanks.
58(3) An owner of a truck tank wash station shall ensure that the station
(a) is used only for the loading, unloading and cleaning and sanitizing of truck tanks and the cleaning of milk tank trucks,
(b) has sufficient space for cleaning and sanitizing truck tanks and the cleaning of milk tank trucks,
(c) has walls and a ceiling which are insulated, smooth, impervious to liquids and may be easily cleaned,
(d) has a floor with a smooth surface impermeable to liquids, which is capable of supporting milk tank trucks without sagging or heaving and which is sloped to effect complete drainage,
(e) has a properly trapped floor drain at least fifteen centimetres in diameter,
(f) has adequate lighting and ventilation,
(g) has an adequate supply of potable hot and cold water under pressure,
(h) has a sink with two compartments,
(i) has a hose which is of sufficient length to service all areas of the station and which is attached to an outlet that supplies hot and cold water under pressure and is separate from the sink,
(j) has a complete Clean-in-Place (C.I.P.) wash-up system approved by the Commission, and
(k) is maintained in a clean and tidy condition.
BULK MILK RECEIVING STATION
59 The owner of a bulk milk receiving station shall ensure that it complies with the requirements in section 60.
60(1) A bulk milk receiving station shall contain horizontal or vertical milk storage tanks which comply with section 61 and shall have hot and cold potable water under pressure, with a hose connected thereto that will provide for the washing and sanitizing of the storage tanks, equipment, walls, ceiling, floor area and the unloading pad of the station.
60(2) A bulk milk receiving station shall have a concrete slab located outside its unloading entrance of a sufficient size to collect any milk which may be spilled during unloading and the concrete slab shall be sloped to a drain which is connected to the station's sewer system.
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61 A milk storage tank in a bulk milk receiving station shall
(a) have all parts which come into contact with milk made of stainless steel,
(b) have a smooth inside lining free from cracks, rough welds, rough solder or open seams,
(c) be capable of thoroughly agitating the milk in the tank,
(d) be equipped with
(i) refrigeration facilities capable of maintaining milk at a temperature within a range of 1° Celsius and 4° Celsius during the storage period, and
(ii) a recording thermometer that is accurate to within 1° Celsius of the actual temperature, and
(e) be sloped to an outlet so as to effect complete drainage.
SALE OF MILK BY PRODUCER-SUPPLIER
62(1) No producer-supplier shall sell or offer for sale for human consumption milk that
(a) is not produced, handled and stored in accordance with this Regulation,
(b) is obtained from a dairy animal
(i) in the period of five days after parturition, or
(ii) to which medicine or an antibiotic has been administered, during the period of medication and for such period following the last treatment as is sufficient to ensure that the milk is free from any medicinal or antibiotic residues,
(c) is abnormal,
(d) is not sweet and clean,
(e) has an objectionable flavour or odour,
(f) shows evidence of being watery, flaky, stringy, bloody, ropy, coagulated, thick, adulterated or unsanitary,
(g) contains foreign matter, including insects or vermin,
(h) contains melted fat,
(i) contains an unnatural inhibitor,
(j) is at a temperature above 4° Celsius, or
(k) otherwise exhibits abnormal odours, tastes or appearances.
62(2) Where an inspector finds that a producer-supplier has not complied with subsection (1), he shall notify the Commission and the producer-supplier forthwith.
GENERAL
63 Except as provided for in this Regulation, no person shall add anything to or remove anything from milk produced by a dairy animal from the time it is obtained from the dairy animal to the time it is delivered to a dairy plant for processing.
64 New Brunswick Regulation 84-162 under the Dairy Products Act is repealed.
N.B. This Regulation is consolidated to June 22, 2006.