| Provincial Laws: |
| Province: |
Offence: |
Penalty: |
Authority: |
| Alberta |
Selling raw milk to anyone other than a licensed
processor. Selling is defined as “trading, bartering and giving without expectation of compensation” |
Maximum $25,000
fine. |
Dairy Industry Act,
s. 36 +
Dairy Industry Regulation,
s. 44(2) |
| Producing or processing milk from cows,
goats, sheep “and other species kept for the purpose of milking” without a
licence. |
Maximum $25,000
fine. |
Dairy Industry Act,
ss. 4(1) and 34 |
| British
Columbia |
Selling
or supplying raw milk |
For
individuals: $10 to $500 fine.For
corporations: $50 to
$5,000 fine. |
Milk Industry Act, ss. 6(1) and 37(3) |
| Causing
a health hazard, raw milk being classified as a “health hazard” and offence defined
by
court
ruling as
“packaging and/or distribution.” |
Maximum
$3,000,000 fine or up to 3 years jail. Also, contempt-of-court charge and
trial, with penalty determined by judge. |
Public Health Act ss. 15 and 108(1)(c) +
Health Hazards Regulation s. 2(a) +
Fraser Health Authority v. Jongerden
2010 BCSC 355 |
| Manitoba |
Operating a dairy farm without being
registered. |
For individuals: Maximum $20,000 fine, 6
months jail, or both.For corporations: Maximum
$50,000 fine. |
Dairy Farms Regulation,
s. 2 +
Dairy Act, s. 17 |
| Selling unpasteurized milk or having
possession of unpasteurized milk for the purpose of selling it. |
Dairy Farms Regulation,
s. 53(1) +
Dairy Act, s. 17 |
| New
Brunswick |
Selling
raw milk, cream, or dairy products without a dairy plant licence. |
Minimum
$500 fine.Maximum
$50,000 fine. |
Public Health Act, ss. 17, 53(1), 53(2), 56(9),
and Schedule
A |
| Newfoundland and Labrador |
Selling raw milk to anyone other than a
licensed processor. |
First offence: $500
to $5,000 fine, 1 to 6 months jail, or both. Second offence:
$5,000 to $20,000 fine, 2 to 6 months jail, or both. May
pay for food testing/analysis costs
incurred by Ministry. |
Food and Drug Act,
s. +
Food Premises Regulations,
s. 36.3(3) |
| Nova
Scotia |
Producing,
transporting, processing, distributing or marketing dairy products without a
licence |
Maximum
$2,000 fine, 6 months jail, or both. |
Dairy Industry Act, ss. 7 and 27 +
Summary Proceedings Act, s. 4 |
| Sell or offer to sell milk to any other
person other than the Board |
Maximum
$2,000 fine, 6 months jail, or both. |
Dairy Industry Act, s. 27 +
Milk Producer Licensing Regulations, s. 8 +
Summary Proceedings Act, s. 4 |
| Ontario |
Operating a dairy plant or distributing
milk without a licence |
First offence: Maximum $2,000 fine for each
day that the offence continues and for a subsequent offence a maximum $10,000
fine for each day that the offence continues. |
Milk Act
ss. 15(1) and 21 |
| Selling milk not complying with this
regulation |
First offence: Maximum $2,000 fine for each
day that the offence continues and for a subsequent offence a maximum $10,000
fine for each day that the offence continues. |
Milk Act,
s. 21 +
Milk and Milk Products Regulation,
s. 3 +
Grades, Standards, Designations, Classes, Packing and
Marking Regulation, s. 18. |
| Selling raw milk |
Maximum $5,000 fine for every day or part
of a day on which the offence occurs or continues. If a corporation, $25,000
fine for every day or part of a day on which the
offence occurs or continues. |
Health Protection and Promotion Act, ss. 18(1) and
101(1). |
| Prince
Edward Island |
Producing
or processing milk or milk products without a licence |
For
individuals: Maximum fine of $1,000 for first offence, maximum $2,000 for
second offence, $10,000 fine and/or up to 6 months jail for third and
subsequence offences. For
corporations: Maximum fine of $5,000 for first offence, maximum $10,000 for
second offence, $25,000 fine for third and subsequent offences. |
Public Health Act, ss. 14(1) and 66(1) |
| Selling or offering to sell raw milk other
than to the Board or a licensed dairy plant |
Public Health Act, ss. 14(8) and 66(1) |
| Causing
a health hazard (officer’s discretion as to what counts as a “health hazard”) |
Public Health Act, ss. 22 to 24 and 66(1) |
| Quebec |
Producing or marketing cows’ milk without
holding quota. |
First offence: $350 to $2,000 fine for an
individual and $800 to $4,000 fine for a corporation.Subsequent offence: $650 to $6,000 fine
for an individual and $1,400 to $13,000 fine for a corporation |
Act respecting the marketing of agricultural, food and
fish products, s. 193 and 92 +
Quotas for Milk Producers Regulation,
s. 3 +
Joint
plan (1980) of Quebec milk producers,
s.1 |
| Operate a dairy plant without a licence |
Minimum $500 fine.Maximum $5,000 fine. |
Food Products Act, ss. 9 and 42 |
| Holding, preparing, selling, or
transporting raw milk or dairy product unless to subject it to heat treatment
in accordance with the standards set out in the regulation |
Minimum $500 fine.Maximum $5,000 fine. |
Food Products Act, s. 42 +
Regulation Respecting Food,
s. 11.7.2 |
| Saskatchewan |
No
specific prohibitions, but a health inspector can decide that any food is
unfit for human consumption and enforce the Act accordingly. |
For an
individual: First offence: maximum $75,000 fine and further maximum $100
fine for each day during which the offence continues. Second and subsequent
offence: maximum $100,000 fine and further maximum $200 fine for each day
during which the offence continues.For a
corporation: First offence: maximum $100,000 fine and further $1,000 fine
for each day during which the offence continues. Second or subsequent
offence: maximum $250,000 fine and further maximum $5,000 fine for each day
during which the offence continues. |
Public Health Act, ss. 16(b), 18, 19, and
61 |
Raw Milk Policy: Information for Canadians 