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DEPAATXEITT OP AORZCULTURE OFFICE OF THE DAIRY AND TOLD STORAGE COMMISSIONER. THE DAIRY INDUSTRY ACT, 1914, AND REGOIATIONS. EXPLANATORY. The Dairy Industry Act. 1914, is lar^elv a revision of Part VIII of The Inspect.on and Sale Act (Chnpter K>, Revised Statutes) whieh Part s now repealed Defimt.ons have been added for the terms "dairy product." " homogenized mk"' homoprenized cream," " packaRc " and " whey butter." ' n„, 7''%^''^'." - relating to the supplying of milk to chot^se factories, creameries and condensed m- . .aotor.es have 1k>c.. broadened to include n.ilk ponder and Loin factories, milk bottling or milk or cream shipping stations The sections relating to an excess of water in butter have been redrafted to bring them into line with new practices and to simplify the administration of the fl,« ^^^P':°^•'''if". in t^e oW law for re^i^ering cheese factories a^id creameries with whichhal-e bin ! fT'' ''""" """■■ *"'^"" advantage of it. and many of those Tb. « r ''^'''""^ ^"r T" """^^ ""-^ "^'' "^ *^« """^b*''-^ "Hotted to them wh; V^- r !) P'""^''*'*'^^^ t^^ delivery at cheese factories and creameries of S wh ch KS iarnted or partly .our has also been omitted as useless legislation Ths" a matter which comes entirely within the judgment ..f the cheesemaker or butternaker nut t ''"''r^'"" '" The Dairy Industry Act deals with the weight of buUer a-i shor w>"jr" r "!:.'''"'''^f; -^^V' '"'^ ^''"' -nsiderable complaint respecting W short^^ve.ght of ou ter sold in this form, hence the nc-essity for «ome regulati J The classification and branding of dairy produ.-ts are dealt with by reguTation This will permit of the necessary changes being easily m.de to mee new condftl' "witrcLr oTi-^-toiig! '^- •^^"'^"^^^-'"^ ''' '- - ^-> — --^'^ The power to confiscate any illegal product, or any apparatus or materials u cd If tt: ,r "'"" "' ""' ^■■°'"^^' ^^""'^ «^^^'^* very mat'^rially in tliT enfTrcemrnt the h?nirtrader''X*Tl''l' V^l' ^!^^*'°" '^ P-^^^tion t. he consumer and tne nonest trader. The whole object of the law is to prevent m .-nre.<-ntation and fraud. No legitimate practice is interfered with
ro iniposed for nf ac-
tions of the last-mentioned sections. imrai.
A sufficient number of inspectors will be employed to keep clo«e watch on the
dairy produce trade in all parts of the country.
3103—1
J. A. EUDDICK.
Dairy and Cold Storage Commii^sioner.
THE DAIRY WDUSTRY Aa, 1914.
(Chaftxr 7.)
An Act to Regulate the Manufacture and Sale of Dairy Product$ and to Prohibit
tk9 Manufacture or 8aie of Butter Subatitutea.
Hi8 Majeety, by' and with the advice and consent of the Senate and House of
Commons of Canada, enacts as follow* : —
1. This Act may be cited as The Dairy Industry Act, 101 J,.
2. Part VIII of The Inapeetion and Sale Act as amended by chapter 85 of the
statutes of 1908 is hereby repealed.
3. In this Act, unless the context otherwise requires:—
(o) " butter " means the food product commonly known as butter, which is manu-
factured exclusively from milk or cream or both, with or without the addition
of colouring matter, common salt, or other harmless preservatives;
(i) " creamery " means a place where the milk or cream of not loss than fifty
cows is manufactured i-nto butter;
(c) " creamery butter " means butter which is manufactured in a creamery ;
(d) " dairy " means a place where the milk or cream of less than fifty cows is
manufactured iiito butter;
(e) " dairy butter " means butter which is manufactured in a dairy ;
(/) "dairy product" or "dairy products" means any milk, cream, condensed
milk, milk powder, butter, or chjese, or any other article manufactured from
milk, and all imitations thereof;
(g) " foreign substance " means any substance not necessary to the manufacture
of the cheese into which it is introduced;
(A) "homogenized milk" or "homogenized cream" is milk or cream which has
been passed through a special apparatus under high pressure, generally
known as a Homogenizer, or otherwise treated, so as to give such milk or
cream an increased viscosity without adding to the percentage of fat therein;
(t) "Minister" means the Minister of Agriculture;
(;■) "package" means a'.iy box, tub, crock, tin, crate, case, paper wrapper or auy
other receptacle or covering used for the packing of butter;
{k) " renovated butter " or " procees butter " means any butter which has been
melted, ckrified, roCiied or rechurned;
(Z) " whey butter " means butter which ie manufactured from whey.
MILK.
4. No person shall sell, supply or send to any cheese or butter or condensed milk
or milk powder or casein manufactory, or "o a milk or cream shipping station, or to a
milk bottliTig establishment or other premises where milk or cream is collected for
sale or shipment, or to the owner or manager thereof, or to any maker of butter,
cheese, condensed milk or milk powder or casein to be manufactured : —
(o) Milk diluted with water, or in any way adulterated, or milk from which
any cream has been taken, or milk commonly known as skim milk, or any
milk to which has been added any cream or foreign fat or a-ay colouring
matter, preservative or other chemical substance of any kind;
(h) milk from which any portion of that part of the milk known as strippings
has been retained;
(c) any milk taken or drawn from a cow that he knows to be diseased at the
time the milk is so taken or drawn from her.
BUTTW.
6. No person shall :— "^
(a) marjufncture. import into Cnnnda, or offer. «ell or hare in his poMcssion for
sale, any oleomargarine, margarine, butterinc. or other substitute for butter.
manufactured wholly or in part from any fnt other than tha of milk or
cream ;
[8uh,eetion (a) of Section 6 of The Dairy Industty Act i. ,u,pended bi, The
Oleomarganne Act, 1010, and Amendment of 1020.^ <* "V ^ne
(6) mix with or incorporate with butter, by any process of heating, soaking,
rechuraing. reworking, or otherwise, any cream, milk, skim-milk, buttermilk,
or water to cause such butter when so treated to contain over sixteen per
centum of water; *^
. (c) melt, clarify, refine, rechurn, or otherwise treat butter to produce what ia
generally known as "process" or "renovated" butter, nor add any milk or
cream to butter.
for «!ie^ ^^'*'" '^"" ''"^*"* ""*" ^'*""'^"' **' °^^'"' **" ''' ^"^^ ■" ^'^ possession
(o) any butter contai-aing over sixteen per centum of water; or
^^^ added"""*" " ''"°''"*^ ^""^'' °' *»""«"• to "'l^ich milk or cream has been
watel" ^° ^''°° *^"" manufacture any butter containing over sixteen per centum of
8. No person shall sell, offer or have in his possession for sale:—
(a) any butter moulded or cut into prints, blocks, squares or pats, unless such
prmte. blocks squares or pats are of the full net weight of one-quarter
pound, one-half pound one pound or two pounds at the time they are
moulded or cut. Nothing ,n this paragraph shall be held to apply to butter
in rolls or lumps, of indiscriminate weight, as sold by farmers; or
(6) any butter pc-ked in tins or other packages allegeplied or brought to a
cheese or butter or condensed milk r>r milk powder or casein manufactory or to a
milk or cream shipping slatioa or to a milk bottling establishment for any of t*"*
purposes aforesaid, shall be prima facie liable fur the violation of any of the fore
going provisions of this Act.
12. The person on whose behalf any cheese, butter or other dairy product is
manufactured, sold, offered, exposed or had in posst-sitiou for sale contrary to the
provisions of any of the foregoing sections of this Act, shall be prima facie liable
for the violation of any of the said provisions.
13. Every person who obstructs aray person charged with the enforoement of
this Act in entering any premises to make examination of dairy produett« us provided
by this Act, or who refuses to permit the making of any such examination, shall be
liable to a penalty not exceeding five hundred dollars and not less than twenty dollars,
together with costs of prosecution, a-nd in default of payment of such penalty and
costs, shall be liable to imprisonment, with • without hard labour, for a term not
ex jeding six months, unless such penalty and costs, and the costs of enforcing the
same, are sooner paid.
14. The Minister of Agriculture may make appointments of inspectors aiid other
persons for tlie enforcement of this Act.
15. Any person charged with the enforcement of this Act may enter the premises
of any person 8U8peeted of violating the provisions of this Act, for the purpose of
making an examination of dairy products therein; and may enter any premises to
make an exanii-aation of dairy products and the marking thereof, whether such dairy
products are on the premises of the manufacturer or owner, or on otlier premises, or
in tlie possession of a railway or steamship company or elsewhere.
16. The Governor in Council may make such regulations as he deems necessary
for, —
(o) the classification, marking, and branding of butter, cheese and other dairy
products;
( the taking of samples of butter, cheese and other dairy products and imita-
tions thereof;
(c) the seizure and confiscation of apparatus and materials used in the manu-
facture of any butter, cheese or other dairy product or imitations thereof in
contravention of any of the provisions of this Act or of any regulation made
thereunder ;
(d) the seizure a-nd confiscation of any apparatus used in the treatment of milk,
butter, cheese or other dairy product, when such treatment causes the said
milk, butter, cheese or other dairy product to conrtravene any of the pro-
visions of this Act or of any of the regulations made thereunder;
(e) the seizure and confiscation of any illegal dairy product as defined in this
Act;
(/) the efficient enforcement and operation of this Act;
(g) the imposition upon summary conviction of penalties not exceeding thirty
dollars and .'osts upon any person violating any regulation made under the
provisions of tiiis Act.
S. All rofubtioni aiwle under the provi«ioiu of tbti Act •ball b* publith«d iv
Tkt CtmaJm Ooitth and tliaU cume into fun's upon »od after the date of tuc-h publi-
cttiun or upon and after Much duti ua may lie nunted for that purpuM> in aucb
retulation*.
Prttilur*.
2. For tbe purposes of jurisdiction under Part XV of The Criminal Code, in
any complaint, infonnction or oonvii-tion for a violation of any of the provisions of
this Act, the matter complained of may t>e alleged, and shall be held to have arisen
at the place where the cheese, butter or other dairy product was nutuufactured,
packed, sold, offered, expoaed or hud in pos«ies»ion for aale.
IB. In any complaint or information mw ov laid wider tbe foregoing sections
of this Act relating to the sale or supply of milk, and in ony conviction tliereon, the
mjlk compUined of may be described as deteriorated milk, without specifying the
cause of deterioration, and thereupon proof of any of the causes or modes of
deterioration hereinbefore niciitioned sliall be sufficient to sustain a conviction.
2. For the purpose of jurisdiction under Part XV of .The Criminal Code, in
any complaint, information or conviction, the matter complained of may be alleged
and shall be deemed to have arisen at the place where the milk conipluined of was
manufactured, or otherwise treated, notwithstanding that the deterioration thereof
was effected elsewhere.
19. For the purpose of establishing the guilt of any person charged with the
violation of any of the provisions of this Act relating to the sale or supply of milk,
It shall be sufficient primo facie evidence on which to found a conviction to show
that milk sent, sold, supplied or brought to a manufactory as aforesaid to be manu-
factured mto butter or cheese or condensed milk or milk powder, or milk sent, aold,
supplied or brought to a milk or cream shipping station or to a milk bottling estab-
lishment, IB substantially inferior in .,uality to pure milk, if the test is made by means
of a lactometer or Babcock milk tester or some other proper and adequate test, and
18 made by a person holding a Dairy School diploma or certificate or by a graduate
of any rocognized Agricultural College or by any other competent person.
to. No appeal shall lie from n conviction u-ader this Act except to a superior,
unty. circuit or district cou' r the court of the sessions of the peace, having
jurisdiction where the eonvict. was had; and such appeal shall be brought, notice
of appeal in writing given, recognizance entered into or deposit made, within ten
days after the date of conviction.
2. The trial on any such appeal shall be heard, had, adjudicated upon and decided,
without the intervention of a jury, at such time and place as the court or julge hear-
ing the trial appoints, and within thirty days from the date of the convictio: , unless
the said court or judge extends the time for hearing and decision beyond such thirty
, 1' ^^ ^1. 'expects not provided for in this Act, the procedure under Part XV
wder^thisXt **"""' "^ ^" "° "PP^'*'"^^*'' "Pl'^y *« "" prosecutions brought
Application of ^ines.
21. Any pecuniary penalty imposed under the foregoing sections of this Act
rdating to the «■ a or supply of milk shall, wht«:i recovered, be payable one-half to the
informant or complainant and the other half to the owner, treasurer or president
of the manufactory to which the milk was sent, sold or supplied for any of the
purposes aforesaid in violation of any of thp provisions of this Act, to be distributed
among the patrons thereof in proportion to their respective interests i-ri the product
thereof.
I
S. Any pecuninrjr penalty impocMl under any of th« othw M«tions of tkU Act
■hall, when nsfovered, be payable one-half to the informant or compkiinaiit, and the
other half to HU Majmty.
Bioimnon.
DcrunrioNi.
1. In those regulation!, ualeas the context otherwise requires:—
(a) "Act" moans "The Dairy Industry Act, ISM";
(b) "Minister" means the Minister of Agriculture;
(c) " brand " means any mark, stencil, sUmp, label or writing placed on cheese,
or on any package containing cheese, butter or ether dairy product, for the
purpose of designating a particular grade or clauifioation. the place of
manufacture or the country of origin ;
() "butter" means the food product commonly known as butter, which is
manufactured exclusively from milk or cream or both, with or without the
addition of colouring matter, common salt, or ther harmless preservatives;
(e) "creamery" means a place where the milk or cream of not leas than fifty
cows is manufactured into butter;
(/) "creamery butter" means butter which i« moiiufactured in a creamery;
(g) " dairy " means a place where the milk or cream of less than fifty cows is
manufactured into butter;
(*) "dairy butter" means butter which is manufactured in a dairy;
(») "dairy product" or "dairy products" means any milk, cream, condensed
milk, milk powder, butter or cheese, or any other article manufactured from
milk, and all imitations thereof; except, however, oleomargarine, hutterine or
other substitute for butter manufactured wholly or in part from any fat
other than that of milk or cream;
(;■) "package" means any box. tub, crock, tin, crate, case, paper wrapper or
any other receptacle or covering used for the packing of butter or cheese;
(A) "whey butter" means butter which is manufactured from whey;
(/) " akim-milk cheese " means cheese which is made from or by the use of milk
commonly known as skim-milk, or milk from which any cream has bean
removed, or milk to which skim-milk hae been added; or cheese containing
in the water free substance less than 45 per cent of milk fat.
C0HPUL80RV BRANDDia.
2. All brands placed on cheese or on package n^aining cheese or butter, as
required by these regulations, shall be legible and indelible and shall consist of letters
not less than one-half an inch long and three-eights of an inch wide, except in the
case of parchment paper wrappers for butter, the branding of which shall be in letters
not less than one-quarter of .«n inch square.
3. Every manufacturer of whey butter shall cause the package containing such
whey butter to be branded with the words " whey butter " at the time of packing.
4. Every person who mixes whey butter with creamery butter or with dairy
butter, shall cause the packages eontainiiiff such mixed butter to be branded at the
time of packing with the words " whey butter."
6. Every person who mixes dairy butter with creamery butter shall cause the
packages containing such mixed butter to be branded at the time of parfting with the
7ordA ■' dairy butter."
Mp.itS'f^Jf^S "^A "•""'■'^ufw Hitter from • muiture of ordinary crwrn m
pre., the word. 'TkTm milk ehZ""Inrl l"'"" "^'"l '^ ''^T " '' '"""^«* ''«"• <»>«
PHOHIBITEi." I liANDIKO.
or P.ck.„ .hiVhTnS, „, 'h™'. „" b«Lr"u"„,' °''°" ^'V^"" " ">"° »"' •»«
produced in Cnada. ' ""'"' '"^ '"■«*> or butter ha., been
"• "bSerrantrr'tb".! itr •'" t,"" '7 ""*■"' '■•°"'»-' -•'■"■•
or provinee of orWu »».,,. T '"'? '°'"™"'«» •• 'o .''e eounlr,
n.n.e, u„,e« /ul ^ r^rjltllLTt tt r^ ■.■ t 'n Y- '"""■-
THE HALE OF DAIRY PROtUTClo.
,.1.:- "" ■"""" """ '■"""'""^ ""• »«"• «"«■« «' l-ve in hi, p„»ea.io„ („
' '"' '7h ^Ll'^'^htbu'tt'^f "'" ™""'"'"' '""■ *'■ '""" " ^'"-J'O
(6) Any butler which consiets of a mixture of whey butter and creamer, h,,.,.,
"'.ht° Ut*^';'"' '""" """" ""''" """ ""«-" ofbutre'rTbrSS
''' tandS^riitaS"'''"''' "^ ■^°"" *""" "-"» '"k ■»-'■■"> "
'■'^ *t!I *■"?' ■»•""'■«"'«' from • n-izture of oniinary cream a, .eparated
brerrL'3^^rth*'2'.?,^hX''^ '"" »'- -"•- -k
^i
il
(/) Any dairy butter packed, moulded or cut into Mocks, sqaarefl or prints and
wrapped in parchment paper unless such parchment paper is branded " dairy
butter";
(g) Any «kim-milk cheese unless the words "skim-milk cheese" are branded upon
the side of every cheese and also upon the outside of erery box or package
which contains such cheese; and unless a placard bearing the words "skim-
milk cheese " in letters at least three-quarters of an inch square is displayed
on the cheese in such a manner as to he clearly visible to purchasers;
(h) Any butter branded as creamery butter or any combination of words whicfh
includes the word creamery unless such butter is creamery butter according
to the definition in the Act, and in these regulations;
(t) Any cheese upon which the word "Canadian," " Canadien " or "Canada" is
branded, or any cheese or butter contained in any package upoa which the
word " Canadian," " Canadien " or " Canada " is branded as a descriptive
term, UTiless such cheese or butter has been produced in Canada;
(;■) Any cheese whijh ie branded or any cheese or butter which is contained in
a package vvhich is branded in such a manner as to give false information
as to the country or province of origin or as to the cheese factory or creamery
in which it was manufactured;
(k) Any butter contained i'n a package which is branded with any fictitious
creamery name or with any wor^i which might be construed as a creamery
name unless such name or word is followed by the word "brand";
(0 Any whey butter, or any butter which coneists of a mixture of whey butter
and creamery butter or a mixture of whey butter and dairy butter, or any
butter manufactured from a mixture of ordinary cream as separated from
milk, and cream which has been separated from whey, UTiless a placard
bearing the words " whey butter " in letters at least three-quarters of an inch
square is displayed on the butter in such a manner as to foe clearly visible to
purchasers except in cases where such butter is packed or cut in prints,
blocks, squares or pats and wrapped in parchment paper which paper is
printed or branded with the words "whey butter";
(ot) Any dairy butter or any butter which consists of a mixture of dairy butter
and creamery butter, packed in boxes similar to those used for the packing
of creamery butter, or which has been turned out of such boxes, unless a
placard bearing the words " dairy butter " in letters at least three-quarters
of an inch square is displayed on the butter in such a manner as to be clearly
visible to purchasers.
15. No person, except the final purchaser or consumer, shall remove, obliterate
or erase or cause to be removed, obliterated or erased, any bra-nd placed Upon any
cheese, or upon any package containing cheese or butter as required by these regu-
lations.
16. Any person charged with the enforcement of this Act may with the consent
of the Minister, —
(a) Seize and confiscate any apparatus or materials used or intended to be used
in the ma-aufacture of any butter, cheese, or other dairy product or imitations
thereof in contravention of any of the provisions of this Act or of any regu-
lations made thereunder;
(6) Seize and confiscate any apparatus used in the treatment of milk, butter,
cheese or other dairy product when such treatment causes the said milk,
butter, cheeee or other dairy product to contravene any of the provisions oi
this Act or of any of the regulations made theteunder;
(c) Seize and confiscate any illegal dairy product as defined in this Act.
17. When any apparatus or materials or illegal dairy product is seized and confis-
cated under authority of this Act and of thc«e regulations, such apparatus or materials
or illegal dairy product may be —
(o) Sealed by any person charged with the enforcement of the Act and allowed
to remain in the building or premiaes where found;
(6) Sealed by any person charged with the enforcement of the Act and removed
to a public warehouse or some other suitable building.
18. No person except a person charged with the enforcement of the Act shall
remove any seal from any apparatus, materials, or illegal dairy product which has
iHHjn seized, comfiscated and sealed under authority of this Act and these regulations.
19. Any apparatue, materials, or illegal products seized and confiscated under
autlionty of this Act and these regulations may be sold or otherwise disposed of and
niiy moneys derived therefrom shall bi- payable to His Majesty,
20 Any person who violates any regulations made under the authority of the
Act shall for each offenee. on summary conviction, be" liable to a fine of -not lesd than
ten dollars nor more tnan thirty dollars together with the costs of prosecution.
31. Any pecuniary penalty imposed niul.r these regulations shall, when recovered,
bo payable and appropriated in the manner provided by section 21 of the Act.
22. These regulatioTis shall come into force on the first day of September, 1918
superseding regulations which came into force on the first day of September, 1914.
3103—2
i!
OTHER PXJBLICATIONS OP THE DAIRY BRANCH
RELATING TO DAIRYING.
H ^
DftMlMuaO.
No.
1909
•ss
1910
95
1911
MB
1911
SO
1918
37
1914
41
1915
45
1915
46
1917
49
1917
53
1918
54
19S0
65
1920
56
1920
•57
1914
10
1014
12
1915
•14
1916
1916
1917
18
19
21
1917
22
1917
23
1018
•25
1910
•26
1919
27
1907
1011
1018
Buixarnia.
Tma.
Tk* OmUsc 9t MUk t9T OkMsamaUBC
OsaloauBlw OkMs*. lorn* Hotaa om ita Maavf aetvn.
Tk« Dalrylas Imdmsiry, am KIrtorlMa smd ]>«s«rlp«tv«
Aa«e«mt.
OvMUi OkMM. (SMomd XdltioB.) ^
Tli« IsUwd of Orloaao Okooso.
Cliooso Factory sad Creamery Plaas.
Tko Taatias of Milk, Orean smd Dairy Prodaets by Meaaa of
tko Babeoek Test.
Determlaatioa of tke Bpeolflo Gravity of Milk; tbe Pereeat-
aso of Aeid aad Caaela ia Milk; tke Adalteratioa of MUk
by ■kimmiac aad IXrateriaK; tke Pereeatace of Water
aad Salt ia Batter; tke Pereeatace of Fat aad Water ia
Okeoae.
Baiall Cold Storasee aad Dairy Baildiac^
BattormakiaK oa tke Farm.
List of Okooso Factories, Creameries, SUmmiac Statioas.
also Coadeased MUk Maaafaetarers, City Milk Teadors.
aad Ice Cream Maaafaetarers, etc., la Oaaada.
Tke Fiaek Dairy Statioa, Report of Procress.
Report of tke Domiaioa Edveatioaal Batter Seoriav Ooatest.
1010.
Simple Metkods for tke Storase of lee.
CmOITLABS.
Motes oa Cow Testiac.
Tke Braadiac of Dairy Batter.
Canses of Variatioa ia tke Peroeataf e of Fat ia Raad
Separator Cream.
Tke Use of Pepsia as Snbstitate or partial Sabstitate for
Reaaet ia tbe Maaaf aetare of Ckeese.
Direetioas for Usiac Solable Powdered Pepsia as a Sabsti-
tate for Reaaet.
Fartker Notes oa tke Use of Pepsia aad Otker Sabstitates
for Reaaet la tke Maaafaotare of Ckeese.
Tke Maaafaotare of Cottage aad Battenailk Ckeese.
Tke Maaafaotare of Battenailk from Skimmed Milk.
Keepiag Dairy Records.
Tke Care of Cream for Battermakiac.
Tield aad Relative Valae of Some Dairy Prodacts.
SPECIAI. PUBLICATIONS.
Blap Skowiac tke Looatioa of Ckeese Factories aad Creaai-
eries ia Caaada.
Report of tke Tkird Domiaioa Coafereace of Dairy Experts,
December 6 aad 7, 1011.
Report of tke Proeeediacs of a Domiaioa Dairy Coafereace,
NoTcmber 25, 26, 27 aad 28, 1918.
Aay of tkese pablieatioas wiU be seat free of ekarce oa appUcatloa to tke
Dairy aad Cold Storafe Coauaissioaer, or to Tke Pablieatioas Braaok, Depart-
meat of Asriealtare, Ottawa, Oat.
* A saSleieat aamber of balletias 22 aad 57, aad eircalars 14, 25 aad 26
will ke seat to tko auusaser of aay ekoese factory or ereamery to sapply eaok
patron wltk eae.
y