Dairy Products Marketing Regulations (SOR/94-466)
Full Document:
Regulations are current to 2012-05-14 and last amended on 2009-01-29. Previous Versions
LICENSING
7. (1) The Commission shall cause a federal licence to be issued only to a person
(a) to whom a share of the portion of the federal quota has been allotted;
(b) who is registered as a milk producer with, or is licensed as a cream producer by, the Manitoba Milk Producers; or
(c) who is licensed as a producer under the Milk Act of Ontario.
(2) A federal licence is valid only so long as the person who holds it continues to
(a) hold a share of the federal quota;
(b) be registered as a milk producer with, or licensed as a cream producer by, the Manitoba Milk Producers; or
(c) be licensed as a producer under the Milk Act of Ontario.
(3) No person shall engage in the marketing in interprovincial or export trade of a dairy product unless the dairy product is, or is made from, milk or cream that is produced by a person who holds a federal licence.
(4) Subsection (3) applies to a dairy product that is, or is made from, milk or cream that is produced in Canada.
- SOR/2001-14, s. 5;
- SOR/2005-290, s. 4;
- SOR/2009-19, s. 1.
7.1 [Repealed, SOR/2005-290, s. 5]
DESIGNATED BOARDS
8. Where, pursuant to provincial law, a dairy product is required to be marketed in intraprovincial trade by or through a Board, or to a person designated by a Board, that dairy product shall only be marketed in interprovincial or export trade by or through that Board, or to the person designated by that Board.
LEVIES AND CHARGES
9. The Commission is authorized to fix, impose and collect levies or charges from persons engaged in the marketing of any dairy product in interprovincial or export trade or the production or processing of any dairy product for marketing in interprovincial or export trade, and may classify those persons into groups, fix the levies or charges payable by the members of the different groups and use those levies or charges for the purpose of carrying out its functions under the Act.
BOOKS AND RECORDS
10. Every person who is engaged in the production or processing of a dairy product for marketing in interprovincial or export trade shall maintain complete and accurate books and records of all matters relating to that production or processing and shall make those books and records available to the Commission on its request.
10.1 [Repealed, SOR/2005-290, s. 6]
SEIZURE AND DISPOSAL
11. (1) An inspector appointed under the Act may seize any dairy product that the inspector believes on reasonable grounds was marketed in interprovincial or export trade in contravention of these Regulations.
(2) An inspector who seizes a perishable dairy product under these Regulations shall dispose of it, and any proceeds realized from its disposal shall be credited to the Canadian Dairy Commission Account.
(3) If a person from whom a dairy product has been seized is found not to have contravened the provision in respect of which the dairy product was seized, the Commission shall surrender the dairy product or proceeds to the person.
- SOR/2001-14, s. 8.
