On May 18, 2023, the Dairy Farmers of Nova Scotia (DFNS) proposed significant amendments to the Milk Producer Licensing Regulations. The primary aim of these amendments is to enhance regulatory compliance and ensure the quality of milk produced within the province.

The revisions to the Milk Producer Licensing Regulations are grounded in the Dairy Industry Act, specifically targeting clauses related to penalties for producers who fail to meet established quality standards. The amendments provide clearer guidelines and impose stricter penalties concerning the testing and quality of milk, particularly in relation to bacteria levels, somatic cell counts, and freezing point standards.

Notably, the regulations introduce detailed criteria for imposing penalties based on test results. Producers will incur penalties if their bacteria test results exceed established standards in the current month and exceed 40% of tests over a rolling three-month period. At least three test results must be available, with a minimum of two from the current month. Similar criteria apply for somatic cells, requiring that a result surpasses the standard in the current month and is above 40% of tests over three months, with at least 17 results available. For freezing points, the same thresholds and testing frequency requirements are mandated.

The amendments also clarify the procedures for producers facing a shut-off due to violations. Such a shut-off results in the withdrawal of the producer’s registration under the proAction program, which advocates for sustainable farming practices. Following a shut-off, producers may apply for a transitional registration, allowing them to maintain a temporary registration while they address compliance issues. A shut-off will remain in effect until at least six days have passed and the producer has obtained a transitional registration. If a producer remains under shut-off for 60 consecutive days, the Board has the authority to cancel the producer’s license or impose conditions for lifting the shut-off, contingent upon a hearing.

Additionally, producers subject to a shut-off under these new regulations will not be entitled to a review process typically available under other sections. This modification underscores the seriousness of compliance with milk quality standards.

By establishing precise thresholds for testing results and delineating the process for addressing violations, the DFNS aims to enhance the quality of dairy products and safeguard consumer interests.

Nova Scotia (96/2023) June 16, 2023