Detail

(1) Any person who shall sell or offer for sale as milk or pure milk adulterated or impoverished milk commits an offence against these Regulations : Provided that this sub-regulation shall not apply to —
1. (a) skimmed milk provided that the receptacle or container in which such milk is sold or offered for sale is conspicuously marked with a name or description indicating that the milk has been so treated; or
1. (b) milk reconstituted by the addition of water or other substance to dried milk powder or to evaporated or condensed milk provided that the manufacturer's directions for reconstituting the milk are adhered to and that the receptacle or container in which the milk is sold or offered for sale is conspicuously marked with a name or description indicating that the milk has been reconstituted.

(2) Despite the provisions in the preceding sub-regulations, all raw milk for sale or intended for human consumption shall first be pasteurized.

(3) Pasteurization — The terms “pasteurization,” “Pasteurized”, and similar terms shall mean the process of heating every particle of (a) milk or milk products to at least 161ºF., and holding it continuously at or above this temperature for at least 15 seconds, in properly designed and operated equipment which approved by the Public Health Board.

Provided, that milk products which have a higher milk fat content than milk and/or contain added sweeteners shall be heated to at least 166ºF and held continuously at or above this temperature for at least 15 seconds (b) condensed or concentrated milk or condensed or concentrated milk products to at least 175ºF and holding it continuously at or above this temperature for at least 25 seconds.

Provided further, that nothing in this definition shall be construed as barring any other pasteurization process which has been recognized, by the Environmental Health Branch to be equally efficient and which is approved by the Public Health Board.

(4) The inspector may stop any person conveying or having in his or her possession any milk which he or she suspects is intended for sale, and may at all reasonable times enter into any dairy and may examine and test any milk being conveyed or found in such dairy and may take samples thereof.

(5) The inspector or any other person authorised in that behalf by the Public Health Board may require any dairyman to deliver to him or her a sample of the milk usually offered by him or her for sale for the purpose of testing. On such test having being made and having regard to the quality of such samples, the conditions obtaining in the dairy where the milk has been produced and the manner in which such milk is usually offered for sale a certificate shall be issued, signed by the inspector or the Agricultural Superintendents designating the product of such dairy fit for human consumption.

(6) Every licensee shall, whenever requested so to do by the Public Health Board, furnish within a reasonable time fixed by the Public Health Board, a complete list of all dairies or places from which his or her supply of milk is derived or has been derived during the last 6 weeks.

(7) Any milk which, when tested by an inspector or a Government veterinary surgeon or other person appointed for the purpose by the Public Health Board which does not contain at least 3 percent of milk fat, and which fails to satisfy any other test prescribed by the Public Health Board, shall be presumed, until the contrary is proved, to be improverished or adulterated milk.

(8) The burden of proving that any milk being conveyed or found in the possession of any person or found in any dairy was not intended for sale shall be upon the defendant.

(9) Where any person is charged with having in his or her possession or conveying in any manner milk which it is suspected has been sold or offered for sale and declares that they purchased or received the same from some other person, or that he or she was employed as a carrier, agent, or servant, or to convey the same for some other person, the court is authorised, if practicable, to cause every such other person, and also, if necessary, every farmer, or other person through whose possession such milk has passed, to be brought before it and to examine witnesses upon oath touching the same, and if it appears to the court that any such person has had possession of such milk, every such person shall be deemed to have had possession of such milk at the time and place when and where the same was found or seized, and he or she is liable to punishment accordingly.