P-30 - Dairy Products and Dairy Products Substitutes Act

Updated to 22 October 1999

This document has official status.

chapter P-30

Dairy Products and Dairy Products Substitutes Act

DIVISION I DEFINITIONS

1. In this Act and in the regulations, unless the context indicates a different meaning, the following expressions and words mean:

(a)  “dairy product” : milk, or any derivative of milk, and any food product in the making of which milk is the sole ingredient or the principal ingredient;

(b)  “milk” : the liquid secreted by the mammary glands of the cow, she-goat or ewe;

(c)  “cream” : the fatty liquid obtained by separating the constituents of milk;

(d)  “modified milk” : milk from which the fatty constituents have been wholly or partially removed, with or without the addition of vitamins or solid elements derived from milk;

(e)  “substitute” : any food product which may be substituted for a dairy product and which, in its external characteristics or its mode of use, resembles a dairy product;

(f)  “factory” or “plant” : an establishment in which a dairy product is treated, modified, converted, reconstituted or packed, or in which a dairy product is received directly from the producer with a view to selling it or transporting it to another establishment for such purposes;

(g)  “producer” : any person who sells or delivers milk or cream from his herd;

(h)  “milk dealer” : any person purchasing or receiving milk or cream from a producer to resell it or to convert it for commercial purposes into other dairy products;

(i)  “distributor” : any person other than a food retailer who delivers or causes to be delivered milk, modified milk or cream to customers;

(j)  “inspector” : any inspector acting under this Act;

(k)  “Board” : the Régie des marchés agricoles et alimentaires du Québec established by the Act respecting the marketing of agricultural, food and fish products (chapter M-35.1);

(l)  “regulation” : any regulation made under this Act;

(m)  “order” : any order made by the Board in accordance with this Act;

(n)  “permit” : any permit issued by the Board in accordance with this Act;

(o)  “Minister” : the Minister of Agriculture, Fisheries and Food;

(p)  “joint plan” : a producers’ joint plan established under the Act respecting the marketing of agricultural, food and fish products.

1969, c. 45, s. 1; 1973, c. 22, s. 22; 1974, c. 36, s. 125; 1977, c. 36, s. 1; 1977, c. 5, s. 14; 1979, c. 77, s. 21; 1990, c. 13, s. 217.

DIVISION II TRADING IN AND MANUFACTURE OF DAIRY PRODUCTS

2. (1)  No person shall receive in a factory, offer for sale, sell, deliver or convert, keep, exhibit or transport for sale any dairy product which does not comply with the requirements of this act or of the regulations.

(2)  It is forbidden to use any false, misleading or fraudulent indication in relation to a dairy product or to a category of dairy products, either by words or otherwise, in an advertisement or circular or on the package which contains a dairy product.

(3)  It is forbidden to add a substitute or any other product to any dairy product or constituent of a dairy product, except to the extent provided by the regulations.

1969, c. 45, s. 2.

2.1. Any operator of a plant, producer, milk dealer, distributor, manufacturer of substitutes, or seller or storer of dairy products or substitutes shall immediately destroy any dairy product or substitute that is unfit for human consumption or deteriorated so that it is unfit for human consumption.

Any such person shall also immediately destroy any dirty or insalubrious equipment.

1987, c. 61, s. 1.

3. No person shall operate a factory unless he holds a permit.

Such permit shall indicate the nature of the operations which it authorizes, the dairy products to which it applies and the place where such operations may be performed.

1969, c. 45, s. 3.

4. In the case of a transfer by sale, lease or otherwise of the right of ownership or possession of a factory, the parties to such transfer shall immediately give notice thereof by registered or certified mail to the Board and forward to it a true copy of the deed attesting such transfer. Failure to fulfil such obligation shall constitute an infringement of this act and, as long as this has not been remedied, the transferor is held severally liable with the transferee for any sum owing by the latter, since the transfer, to the producers who are his creditors.

1969, c. 45, s. 4; 1975, c. 83, s. 84.

5. If the holder of a permit to operate a factory ceases, finally or for not less than twelve consecutive months, to manufacture any category of dairy products contemplated by his permit, he must notify the Board thereof within thirty days.

1969, c. 45, s. 5.

6. The Board may cancel the permit of any operator who has ceased, finally or for not less than twelve consecutive months, to manufacture all the categories of dairy products contemplated in such permit. It must amend such permit when the operator so ceases to manufacture one category of products contemplated in such permit, or more than one category of such products.

1969, c. 45, s. 6.

7. The operator of a factory must post up his permit in his factory in a conspicuous place open to the public, and keep it posted up there.

He must post up in this manner any other paper or document relating to his operations which the Board deems it necessary to make public and which it orders him to post up.

1969, c. 45, s. 7.

8. Treating operations in a factory must be directed by a person who holds:

(a)  a permit for such purpose; and

(b)  a certificate attesting his qualifications for such purpose issued by the Institut de technologie agricole de Saint-Hyacinthe , or any other certificate recognized as equivalent by the Minister.

1969, c. 45, s. 8.

9. The operator of every factory which receives milk or cream from a producer must have in his service at least one tester who holds:

(a)  a permit for such purpose; and

(b)  a certificate attesting his qualifications for such purpose issued by the Institut de technologie agricole de Saint-Hyacinthe, or any other certificate recognized as equivalent by the Minister.

The functions of such tester shall be to take specimens of the milk or cream which the factory receives from a producer and to determine the composition and quality thereof, in accordance with the methods prescribed by regulation.

The operator shall not be required to have a tester in his service if the milk and cream which his factory receives from a producer has already been tested, in the cases contemplated by the regulations, by a tester who holds the permit and the certificate contemplated in the first paragraph.

1969, c. 45, s. 9.

10. The Board shall issue the permit contemplated in section 8 or 9 and it may grant such permit to one person who may then carry out alone, in the same factory, the operations indicated in the permit which he holds.

1969, c. 45, s. 10.

DIVISION III TRANSPORTATION AND DISTRIBUTION OF MILK AND CREAM

11. No person shall convey or cause to be conveyed milk or cream from the farm of a producer to a factory unless he holds a transportation permit issued by the Board, in the form and on the conditions prescribed by regulation. Such permit may indicate the territory in which the transporter may act as such.

1969, c. 45, s. 11; 1990, c. 13, s. 211.

12. No distributor shall act as such unless he holds a permit issued by the Board or is withdrawn from the application of this section by the regulations.

Such permit may indicate the territory in which the distributor may act as such.

1969, c. 45, s. 12.

DIVISION IV CONTRACTS RESPECTING DAIRY PRODUCTS

13. No milk dealer, distributor or food retailer shall sell, for purposes of consumption, within the limits of any territory of Québec for which the price of milk or cream has been fixed by the Board under this Act, milk or cream the price of which is lower or higher than the price so fixed by the Board.

1969, c. 45, s. 13; 1977, c. 36, s. 2; 1985, c. 30, s. 72.

14. It is forbidden for any milk dealer, distributor or food retailer to grant to any person to whom he sells or delivers a dairy product, a thing, the right to obtain a thing, a premium or an advantage, in consideration of such sale or delivery or of any sale or delivery including a dairy product if there results therefrom, directly or indirectly, a reduction in the price of such dairy product in relation to the price fixed by the Board in accordance with this act.

1969, c. 45, s. 14; 1977, c. 36, s. 2.

15. (1)  Every written agreement, between a producer and a milk dealer respecting the price of a dairy product or any conditions relating to the sale or delivery of such a product shall take effect only after having been approved by an order of the Board in accordance with paragraph d of section 38.

(2)  Failing a written agreement, any producer and any milk dealer to whom such producer sells or delivers a dairy product shall be deemed to have entered into a contract, in that respect, for an indeterminate period.

Neither of the parties shall terminate such deemed contract or amend the same except:

(a)  with the authorization of the Board or for a reason determined by it;

(b)  for the non-execution of the obligations of either party; or

(c)  by the consent of the contracting parties.

1969, c. 45, s. 15; 1999, c. 40, s. 221.

16. A milk dealer must comply with the written voluntary and revocable authorization given by any producer who is a member of a professional syndicate certified for such purpose by the Board, to withhold monthly, for the benefit of such syndicate, an assessment in the amount indicated by the producer in accordance with the rate fixed by such syndicate, from any amount which such milk dealer must pay to such producer.

1969, c. 45, s. 16.

17. The milk dealer must remit monthly, to the syndicate indicated by the producer, the amounts withheld in accordance with section 16, with a statement indicating the amount taken from each producer and the latter’s name.

If the milk dealer receives a written cancellation of the authorization contemplated in section 16, he must send a copy thereof to the syndicate.

1969, c. 45, s. 17.

18. The Board shall grant certification for the purposes of sections 16 and 17 to the professional syndicate representing the majority of the producers of a milk dealer. It may revoke the certification after it has given the syndicate an opportunity to present observations. In each case, a copy of the Board’s decision shall be sent to the milk dealer.

1969, c. 45, s. 18; 1997, c. 43, s. 443.

DIVISION V SURETY INSURANCE

1999, c. 40, s. 221.

19. The Board, by means of a surety insurance policy it issues, may secure, up to the amount therein mentioned, payment of the sums which a milk dealer owes or may owe to his producers or to the body charged with the application of a joint plan.

1969, c. 45, s. 19; 1977, c. 36, s. 3; 1999, c. 40, s. 221.

20. The premiums collected by the Board shall be deposited with the Caisse de dépôt et placement du Québec on such conditions as may be agreed upon between them; such sums, and the net revenue derived therefrom, shall be used exclusively for paying claims due by the Board under surety insurance policies issued by it in accordance with section 19.

1969, c. 45, s. 20; 1977, c. 5, s. 14; 1999, c. 40, s. 221.

21. No person shall be a milk dealer or act as such unless he holds a surety insurance policy in force, issued by the Board under section 19, for the amount fixed by it according to the scale established under subparagraph a of section 41.

1969, c. 45, s. 21; 1999, c. 40, s. 221.

22. The Minister of Finance, with the authorization of the Government and on such conditions as he determines, may advance to the Board the sums necessary to discharge its obligations under the surety insurance policies issued by it in accordance with section 19.

The sums necessary for the purposes of this section shall be paid out of the consolidated revenue fund.

1969, c. 45, s. 22; 1999, c. 40, s. 221.

DIVISION VI SUBSTITUTES

23. No person shall manufacture or sell a substitute wholesale unless he holds a manufacturer’s permit or a wholesaler’s permit, as the case may be.

Every permit issued under this section shall indicate the nature of the operations authorized by it, the products to which it applies and the place where such operations must be performed.

1969, c. 45, s. 23; 1977, c. 36, s. 4.

23.1. No person shall manufacture, offer for sale, sell, deliver, convert, keep, exhibit or transport for sale any substitute not designated in the regulations.

1987, c. 61, s. 2.

24. If the holder of a permit contemplated in section 23 ceases, finally or for not less than twelve consecutive months, to manufacture or sell wholesale any category of substitutes contemplated by his permit, he must notify the Board thereof within thirty days.

1969, c. 45, s. 24.

25. The Board must cancel the permit of a person who has ceased, finally or for twelve consecutive months, to manufacture or sell wholesale all the categories of products contemplated in such permit. It must amend such permit when such person so ceases to manufacture or sell wholesale one category of products contemplated in such permit or more than one category of such products.

1969, c. 45, s. 25.

26. Every substitute must meet the standards of composition, colour, quality, shape and presentation fixed by the regulations, and the container, package or wrapper which contains it must bear the indication of the name, origin, quantity and composition of the product.

1969, c. 45, s. 26.

27. In an establishment where food is served for a consideration, no person shall offer or serve any substitute without so informing the customer by an indication on the menu or, if there is no menu, on a sign or label.

1969, c. 45, s. 27.

28. It is prohibited:

(a)  to use the words “milk”, “cream”, “butter”, “cheese”, or any derivative thereof to designate a substitute;

(b)  to use words, trade marks, terms or pictures suggesting the dairy industry to designate a substitute;

(c)  to use a false, misleading or fraudulent indication in relation to a substitute or a category of substitutes, by words or otherwise, in an advertisement or circular or on the wrapper which contains a substitute.

1969, c. 45, s. 28.

29. It is prohibited:

(a)  to manufacture, keep, transport or expose, for sale or distribution in Québec, a substitute which does not meet the requirements of this act or of the regulations;

(b)  to sell or offer for sale such a substitute;

(c)  to serve or offer such a substitute in an establishment where food is served for a consideration.

1969, c. 45, s. 29.

30. For the purposes of section 29, proof that a substitute is not intended for sale or distribution in Québec shall be upon the owner of the substitute or the person who has it in his possession.

1969, c. 45, s. 30.

DIVISION VII PERMITS

31. Every person who applies for a permit shall send his application to the Board in the form prescribed by the regulations, together with the documents contemplated by the regulations.

1969, c. 45, s. 31.

32. The Board shall issue the permit if the applicant fulfils the conditions prescribed by this Act and the regulations.

1969, c. 45, s. 32; 1977, c. 36, s. 5; 1997, c. 43, s. 444.

33. Before issuing a permit, the Board shall take account of the marketing conditions which exist in that sector of activity, the conditions governing milk supply to processing factories and the effects of the project for the dairy industry as a whole and for the consumers.

The Board may prescribe any condition which it sees fit; the permit shall indicate the conditions so prescribed.

1969, c. 45, s. 33; 1990, c. 13, s. 212.

34. Every permit shall be untransferable and shall be valid only for the establishment, operations and products contemplated therein.

1969, c. 45, s. 34.

35. The Board may suspend or cancel the permit of a person who:

(a)  has been found guilty of an infringement of this Act or of the regulations;

(b)  no longer fulfils the conditions required for obtaining his permit;

(c)  has not complied with the conditions of his permit;

(d)  is insolvent or is about to become insolvent.

1969, c. 45, s. 35; 1990, c. 13, s. 213.

36. Before suspending or cancelling a permit, the Board shall notify the holder in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J-3) and allow the holder at least 10 days to present observations.

1969, c. 45, s. 36; 1997, c. 43, s. 445.

37. The Board shall cause such publicity to be given to its decisions rendered under section 35 as it deems expedient in the public interest.

1969, c. 45, s. 37.

DIVISION VIII ORDERS OF THE BOARD

38. The Board, by order, may:

(a)  subject to the other provisions of this act and of the regulations, determine standards for the method of purchasing, the purchase, transportation, handling, conversion, preparation, delivery, method of sale, sale, distribution or method of distribution of dairy products and substitutes;

(b)  establish quotas for production and sale of the producers’ milk or cream and prohibit marketing thereof in violation of the established quota;

(c)  determine the conditions which a person must fulfil in order to be permitted to act as a milk supplier to a pasteurization or sterilization plant;

(d)  approve or annul, at its discretion, any written agreement between a producer and a milk dealer respecting prices and other conditions relating to dairy products;

(e)  fix, within the limits of any territory in Québec which it designates, the price of any dairy product, taking into account the value thereof, the conditions of production, handling, delivery or utilization of such product by the milk dealer and the conditions of the various local markets, so as to safeguard the interests of the producers, the milk dealers, the distributors and the consumers;

(f)  fix the maximum rate which a transporter may require for conveying a producer’s milk or cream from the farm of such producer to the factory.

1969, c. 45, s. 38.

38.1. In exercising the power prescribed in paragraph e of section 38, the Board may, if it considers it advisable, fix a price, a minimum price, a maximum price or minimum and maximum prices. In the last case, the dairy product may be sold at any price between the minimum and maximum prices prescribed.

1985, c. 30, s. 73.

39. Before making an order, the Board invite the interested persons to present observations. For such purpose, it must either inform them in writing of the date and hour when and the place where they will be invited to present observations, or publish a similar notice in an agricultural newspaper circulating throughout Québec or in the region in which all of the interested persons reside.

1969, c. 45, s. 39; 1997, c. 43, s. 446.

40. (Repealed).

1969, c. 45, s. 40; 1990, c. 13, s. 214.

DIVISION IX REGULATIONS

41. The Board may make such regulations as it deems necessary for the application of section 19 and in particular to determine:

(a)  a scale for the surety insurance policies to be issued under the said section and the methods whereby the amount of the surety insurance is to be adjusted according to the fluctuations in the amount of the operations of any factory;

(b)  the qualifications required of any person applying for a surety insurance policy issued under section 19, the conditions which he must fulfil and the information he must furnish;

(c)  the form and tenor of applications for surety insurance;

(d)  the term of surety insurance;

(e)  the rates for premiums and the conditions of payment;

(f)  the conditions which must be met by the producer or the body charged with the application of a joint plan in order to be granted the surety insurance.

The regulations made by the Board under this section may be submitted to an advisory committee appointed by the Government.

They shall be submitted for the approval of the Government.

1969, c. 45, s. 41; 1977, c. 36, s. 6; 1999, c. 40, s. 221.

42. In addition to the other regulatory powers assigned to it by this Act, the Government may make regulations to:

(a)  determine, for the purposes of paragraph a of section 1, the cases in which milk or any derivative of milk ceases to be a dairy product after having been treated, modified, converted or reconstituted, and the criteria whereby milk is to be considered the principal ingredient in the making of a dairy product;

(b)  define, for the purposes of this Act and the regulations, the expressions “treating”, “converting” and “reconstituting” when they apply to a dairy product, and the expression “food retailer”;

(c)  determine the qualifications required of any person applying for a permit, the conditions which he must fulfil and the information he must furnish;

(d)  determine categories of permits and classes of permit holders and the conditions and restrictions relating to each category of permit;

(e)  determine the form and tenor of applications for permits and of permits;

(f)  fix the conditions upon which permits shall be issued, prescribe the cost thereof and provide for their renewal, amendment, suspension or cancellation, subject to the provisions of this Act;

(f.1)  designate the substitutes that may be manufactured, offered for sale, sold, delivered, converted, kept, exhibited or transported for sale;

(g)  establish standards for the composition, colour, proportion of constituents, form and quality with which dairy products and substitutes offered for sale or delivered in Québec must comply, and determine the methods of analysis to be used for such purposes;

(h)  enact sanitary requirements for the conditions of production, processing, preserving, conditioning, handling and transportation of dairy products and substitutes and the substances which enter into their composition;

(i)  authorize standardization of the proportion of fat and other solid components in any dairy product which it indicates, under the conditions and by the processes determined by it, including skimming;

(j)  determine the conditions of manufacture, sale, offering for sale, exhibition, keeping and transportation of dairy products and substitutes;

(k)  prohibit, to such extent as it shall indicate, the adding of substitutes or other products to dairy products or to the constituents of such products;

(l)  regulate the use of vitamins, additives, preservatives or neutralizers in dairy products and substitutes;

(m)  determine the conditions of construction, installation and equipping of any premises where dairy products or substitutes are handled and of any premises where animals used for the production of milk are housed;

(n)  regulate the nature, shape, dimensions and capacity of containers, packages or wrappers and the inscriptions, labels or makings indicating the nature, kind or variety, composition, quantity, quality or particular trade names of the different dairy products or substitutes, the date of their manufacture as well as the inscription of the name and address of the milk dealer, manufacturer or wholesaler on invoices, labels or containers;

(o)  prohibit the use of containers, packages, wrappers, inscriptions, labels or markings which have not been previously approved by the Minister;

(p)  regulate publicity or advertising used for promoting the dairy products trade and the substitutes trade;

(q)  prohibit, in the manufacture and sale of dairy products of substitutes, the use of substances which it considers detrimental to health;

(r)  subject to the other provisions of this Act, determine everything which relates to payment for milk and cream by a milk dealer;

(s)  prescribe standards for the transportation of milk and cream except for transportation rates;

(t)  exclude from the application of this Act any category of dairy products or substitutes which it indicates;

(u)  determine the form and tenor of registers, reports and records to which any person shall be subject under this Act;

(v)  subject to the provisions of this Act respecting inspections, prescribe standards for such inspections.

1969, c. 45, s. 42; 1977, c. 36, s. 7; 1987, c. 61, s. 3.

DIVISION X INVESTIGATIONS AND INSPECTIONS

43. The Board may investigate and study the situation of the dairy industry, the dairy products trade and the substitutes trade, the influence which the substitutes trade may have on the dairy industry, and the operations of any person trading in the dairy products or substitutes, and report thereon to the Minister.

1969, c. 45, s. 43.

44. For the purposes of such investigations, the Board, each of its members and each person authorized by it to investigate, shall have the powers and immunities of commissioners appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to order imprisonment.

1969, c. 45, s. 44; 1992, c. 61, s. 457.

45. Every person who testifies at one of such investigations shall have the same privileges and immunities as a witness before the Superior Court and articles 307 to 310 of the Code of Civil Procedure shall apply to such person, mutatis mutandis.

Such person shall also be entitled to the assistance of an advocate.

1969, c. 45, s. 45.

46. Whenever it holds public sittings during an investigation made under section 43, the Board shall give notice of the date when and place where such sittings will be held, in two French newspapers and two English newspapers circulating in the locality which is nearest to the place of such sittings.

1969, c. 45, s. 46.

47. Every operator of a factory and every distributor, manufacturer, warehouseman, or wholesale distributor of or trader in substitutes shall keep registers or records and make reports of his operations to the Board in such form and within such time as is prescribed by regulation.

The Board or its representative may examine the books of account of such persons.

1969, c. 45, s. 47; 1999, c. 40, s. 221.

48. Every person authorized by the Minister to act as an inspector for the purposes of this Act who believes, on reasonable grounds, that there are products or other objects to which this Act applies in a vehicle, in an establishment where dairy products or substitutes are manufactured, and its dependancies, or in premises used for trading in or storing such products, for their direct delivery for consumption or for housing animals used for the production of milk may, in the performance of his duties,

(1)  enter and inspect such establishment and dependancies or premises at any reasonable time;

(2)  stop and inspect any vehicle used for the transportation of dairy products or substitutes;

(3)  inspect any dairy product or substitute or other object to which this Act applies and take samples free of charge;

(4)  take photographs of such dairy product, substitute, object, vehicle, establishment and dependancies or premises;

(5)  require communication of any document relating to such products if he believes, on reasonable grounds, that it contains information relevant to the administration of this Act or the regulations, for examination or in order to obtain extracts therefrom.

The owner or person in charge of the establishment, premises or vehicle is required to assist the inspector in the performance of his duties and to place at his disposal all the books, invoices and other relevant documents that he wishes to examine.

1969, c. 45, s. 48 (part); 1987, c. 61, s. 4.

48.1. The inspector may seize any dairy product or substitute and any object capable of being used for its manufacture if he believes, on reasonable grounds, that an offence against this Act or the regulations has been committed in relation to or by means of the dairy products, substitute or object.

He may also seize any container, package or product intended to serve as container or packaging for a dairy product or a dairy product substitute if such container, package or product does not meet the prescribed standards.

1987, c. 61, s. 4; 1990, c. 13, s. 215.

48.2. The owner or the person who had possession of the thing seized under section 48.1 shall have custody of it. The inspector may, however, if he considers it advisable, remove the thing seized to other premises for safekeeping. In addition, the custodian shall have custody of the things seized and submitted in evidence, unless the judge to whom they were submitted in evidence decides otherwise.

The thing seized shall be detained until a decision is made under section 48.3, 48.4, 48.5, 48.7, 48.8 or 48.9 or, if proceedings are instituted, until the judge decides by judgment.

1987, c. 61, s. 4; 1992, c. 61, s. 458.

48.3. The thing seized shall be returned to its owner or to the person who had possession of it

(1)  after the expiration of 90 days from the date of seizure unless proceedings have been instituted; or

(2)  when the inspector is of opinion, after verification during that time, that no offence against this Act or the regulations has been committed or that the owner or the person who had possession of the thing seized has, since the seizure, complied with the provisions of this Act or the regulations.

1987, c. 61, s. 4.

48.4. The owner or the person who had possession of the thing seized may, at any time, apply to a judge to obtain the release of the thing.

The application shall be served on the seizor or, if proceedings have been instituted, on the prosecutor.

The judge shall grant the application if he is satisfied that the applicant will suffer serious or irreparable damage if detention of the property is maintained and the release of the property will not hinder the course of justice.

1987, c. 61, s. 4; 1992, c. 61, s. 459.

48.5. Every thing seized the owner or possessor of which is unknown or untraceable shall be transferred to the Public Curator 90 days from the date of seizure, together with a statement describing the thing and indicating, where applicable, the name and last known address of the interested party.

The provisions of the Public Curator Act (chapter C-81) pertaining to unclaimed property shall apply to the thing so transferred to the Public Curator.

1987, c. 61, s. 4; 1997, c. 80, s. 73.

48.6. A judge may, on the application of the seizor, order that the period of detention be prolonged for a maximum of 90 days.

1987, c. 61, s. 4; 1992, c. 61, s. 459.

48.7. Upon pronouncing a conviction for an offence under a provision of this Act or the regulations thereunder, a judge may, on the application of the prosecutor and where a seizure has been made under section 48.1, order the confiscation of the thing seized.

Prior notice of the application for confiscation shall be given by the prosecutor to the person from whom the thing was seized and to the defendant, except where they are in the presence of the judge.

1987, c. 61, s. 4; 1992, c. 61, s. 460.

48.8. Every inspector who believes, on reasonable grounds, that a dairy product or substitute is unfit for human consumption or deteriorated so that it is unfit for human consumption may, whether or not the dairy product or substitute has been seized, require that it be destroyed by the person having possession of it by giving that person notice to that effect by way of a writing given to him or to his representative or employee or sent to him by registered mail at his business address.

The destruction shall be carried out under the supervision of an inspector.

Any dairy product or substitute unfit for human consumption or deteriorated so that it is unfit for human consumption which is not destroyed in accordance with this section shall be confiscated by an inspector and destroyed at the expense of the person having possession of it as the Minister may direct.

1987, c. 61, s. 4.

48.9. Every inspector who believes, on reasonable grounds, that a dairy product or substitute is otherwise not in conformity with this Act or the regulations may apply to a judge or court for an order requiring the person having custody of the dairy product or substitute to destroy it under the supervision of an inspector, whether the product has been seized or not.

1987, c. 61, s. 4.

48.10. No person may, unless authorized by an inspector, sell or offer for sale a seized or confiscated dairy product or substitute, remove or allow the removal of the seizure or confiscation slip from such a dairy product or substitute or its container, or remove or break the seal affixed thereto by the inspector.

1987, c. 61, s. 4.

48.11. The Minister may order the operator of a place contemplated in the first paragraph of section 48 to cease operations in the place, or to limit them as he determines, for 15 days or less, where in his opinion they are an immediate source of danger to the life or health of consumers.

The order shall state the grounds for the Minister’s decision, refer to any minutes, analysis or survey report or other technical report on which his order is based and advise the operator that he may obtain a copy of any such document on request.

The order takes effect upon its service on the operator of the place.

1987, c. 61, s. 4.

48.12. The person to whom an order referred to in section 48.8 or 48.11 is notified without prior notice because, in the opinion of the Minister or inspector, urgent action is required or there is a danger of irreparable damage being caused, may, within the time specified in the order, present observations so that the order may be reviewed by the Minister or the inspector.

1997, c. 43, s. 447.

49. It is forbidden to hinder an inspector acting under this act in any way, to mislead him by concealment or by misrepresentation, or to fail to obey any order he may give under this act or the regulations. Such inspector, if so required, shall produce a certificate signed by the Minister, attesting his authority.

1969, c. 45, s. 49.

DIVISION X.1 PROCEEDING BEFORE THE ADMINISTRATIVE TRIBUNAL OF QUÉBEC

1997, c. 43, s. 448.

49.1. Every person whose permit is suspended or cancelled and every syndicate whose certification is revoked may contest the decision of the Board before the Administrative Tribunal of Québec within 30 days of notification of the decision.

1997, c. 43, s. 448.

DIVISION XI PENAL PROVISIONS

1990, c. 4, s. 680.

50. Except in the cases where another penalty is provided for, every person who contravenes this Act, the regulations or an order is liable

(a)  for a first offence, to a fine of not less than $175 nor more than $1 400 in the case of a natural person and not less than $325 nor more than $2 800 in the case of a legal person;

(b)  for a subsequent conviction, to a fine of $4 250 in the case of an individual and of $8 500 in the case of a legal person.

In the case of an infringement of subsection 2 of section 2 or of section 14 or 28 or in the case of a milk dealer who pays or agrees to pay a producer a price less than that fixed by the Board, the maximum fine shall be imposed.

1969, c. 45, s. 50; 1982, c. 64, s. 36; 1986, c. 58, s. 83; 1990, c. 4, s. 681; 1991, c. 33, s. 102; 1999, c. 40, s. 221.

50.1. In no case may an offender guilty of an offence contemplated in section 48.10 or 49 be condemned to a fine of less than $700.

1982, c. 64, s. 36; 1986, c. 58, s. 84; 1987, c. 61, s. 5; 1991, c. 33, s. 103.

51. Every person who infringes section 3, section 21 or section 23 is liable, on the application of the prosecutor, in addition to the fines prescribed in section 50, to an additional fine of $175 for each day or part of a day during which the infringement continues.

A conviction for an offence under a provision of section 3, 21 or 23 also entails the closing of the factory, establishment or premises in which such offence was committed, unless, within eight days from the service of the notice of judgment, the person convicted complies with the requirements of the law.

1969, c. 45, s. 51; 1982, c. 64, s. 37; 1986, c. 58, s. 85; 1990, c. 4, s. 682; 1991, c. 33, s. 104; 1992, c. 61, s. 461.

52. In the case of an infringement by a person who has failed to pay a producer, for milk or cream, the price fixed by the Board, even after an arrangement to that effect, the offender shall, on an application by the prosecutor which is attached to the statement of offence, be condemned, in addition to the penalties provided in section 50, to an additional fine equal to the difference between the price paid and that fixed by the Board.

Such additional fine, as soon as it is collected, shall be handed over to the Board which shall transmit it to the producer concerned.

1969, c. 45, s. 52; 1992, c. 61, s. 462.

52.1. In the case of an infringement of section 14, the offender is, on an application by the prosecutor which is attached to the statement of offence, in addition to the fines prescribed in section 50, liable to an additional fine equal to the monetary value of the property, the bonus or advantage granted or equal to the monetary value of the right granted to obtain the property, bonus or advantage.

1982, c. 64, s. 38; 1992, c. 61, s. 463.

53. The permit of a holder is cancelled when he is convicted of an offence under a provision of subsection 3 of section 2.

1969, c. 45, s. 53; 1992, c. 61, s. 464.

54. Any carrier who acts as intermediary between a milk dealer and a producer for the obtaining of a reduction in the price fixed by the Board or for the passing on of a discount in reduction of such price shall be liable to the same penalties as the milk dealer.

1969, c. 45, s. 54.

55. Every employer shall be liable to the penalties prescribed for infringements of this act committed by his employee unless he proves that the employee acted against his orders or without his knowledge and, in the case of an infringement relating to the price of milk, that he discharged the employee as soon as he learned of the infringement.

Whosoever incites another person to commit an offence or participates in an offence committed by another person shall be liable to the penalties contemplated for such offence to the same extent as the offender.

1969, c. 45, s. 55.

56. (Repealed).

1969, c. 45, s. 56; 1992, c. 61, s. 465.

57. (Repealed).

1969, c. 45, s. 57; 1990, c. 4, s. 683.

DIVISION XII EVIDENCE

58. In every proceeding for the infringement of this Act or the regulations, any inscription on a dairy product or substitute or on the container, package or wrapper which contains it, to the effect that such product was manufactured or packaged by a person shall constitute a simple presumption that such product was manufactured or packaged by such person.

Any inscription of a permit number on a dairy product or substitute or on the container, package or wrapper which contains it shall constitute a simple presumption that such product was manufactured or packaged by the holder of such permit.

1969, c. 45, s. 58; 1999, c. 40, s. 221.

58.1. In the absence of any proof to the contrary, every person having possession of a quantity of a dairy product or substitute in excess of the needs of his own consumption is presumed to intend it for sale.

1987, c. 61, s. 6.

59. In every proceeding for an infringement of this Act or of the regulations:

(a)  an inspector’s certificate or report of analysis in which is recorded the result of an examination respecting the composition of a dairy product or a substitute, constitutes proof of its contents in the absence of any evidence to the contrary if the inspector attests in the certificate or report of analysis that he personally observed the facts stated therein;

(b)  the minutes or report of the findings, of a taking of specimens, of seizure or of confiscation drawn up and certified by an inspector who has inspected, sampled, seized or confiscated a dairy product or substitute, constitute proof of their contents in the absence of any evidence to the contrary if the inspector certifies that he personally observed the facts stated therein;

(c)  any document presented as an inspector’s certificate or report of analysis or the minutes or report of an inspector shall be admissible in evidence, without it being necessary to prove the quality and signature of the signatory.

1969, c. 45, s. 59; 1990, c. 4, s. 684; 1999, c. 40, s. 221.

DIVISION XIII MISCELLANEOUS

60. (Repealed).

1969, c. 45, s. 60; 1982, c. 52, s. 219; 1990, c. 13, s. 216.

60.1. In fixing the price of milk by order pursuant to paragraph e of section 38, the Board shall take into account the application of any by-law concerning that product which grants financial assistance, imposes a special contribution or creates a special fund, made under section 100.1, paragraph 7 of section 123 or paragraph 1.1 of section 124 of the Act respecting the marketing of agricultural, food and fish products (chapter M-35.1).

1992, c. 28, s. 22.

61. Any order or regulation passed under this act shall be published in the Gazette officielle du Québec and shall come into force on the date of its publication or on such later date as is fixed therein for such purpose.

1969, c. 45, s. 61.

62. The Act respecting insurance (chapter A-32) and the Act respecting market intermediaries (chapter I-15.1) shall not apply to the Board, its members, officers or employees nor to acts respecting a surety insurance issued under this Act.

1969, c. 45, s. 62; 1974, c. 70, s. 473; 1989, c. 48, s. 252; 1998, c. 37, s. 530; 1999, c. 40, s. 221.

63. The Minister of Agriculture, Fisheries and Food shall have charge of the carrying out of this act.

1969, c. 45, s. 63; 1973, c. 22, s. 22; 1979, c. 77, s. 21.

64. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 45 of the statutes of 1969, in force on 31 December 1977, is repealed, except sections 66 to 68, effective from the coming into force of chapter P-30 of the Revised Statutes.

Section 12 of this Act will be amended upon the coming into force of section 126 of chapter 55 of the statutes of 1972 on the date fixed by order of the Government.

Section 48.5 of this Act will be amended upon the coming into force of paragraphs 1 and 2 of section 73 of chapter 80 of the statutes of 1997 on the date or dates fixed by order of the Government.

Section 62 of this Act will be amended upon the coming into force of section 530 of chapter 37 of the statutes of 1998 on the date fixed by order of the Government.

The second paragraph of section 48.5 of this Act will come into force on the date fixed by order of the Government.