Overview of the Dairy Industry Act and Dairy Industry Regulation

One of Alberta Agriculture and Forestry's (AF) goals is the continued excellence in food safety. This goal recognizes that a reputation for excellence in food safety is essential for maintaining consumer confidence and expanding markets, both domestic and international. This web page provides a brief overview of the Dairy Industry Act and Dairy Industry Regulation.

Purpose

The dairy industry legislation regulates the production and processing of dairy products, with emphasis upon the development and application of uniform standards relating to product quality and safety. These standards are harmonised with national dairy standards, as well as obligations imposed under international trade agreements. In this way, Alberta processors and producers will be competitive both on the national and international playing fields.

Products, Players, and Places

A dairy product may be milk or a milk product that contains no oil or fat other than that of milk and contains a minimum of 50% milk ingredients by weight.

Producer

A producer is a person who sells or supplies raw milk that has been produced by one or more dairy animals that the person owns or controls. The producer is responsible for, among other things, taking care of and drawing milk from dairy animals, and handling and storing milk and dairy utensils. A producer can deliver milk only to a licensed processor.

Processor

A processor is a person who processes, for sale, 50 litres or more of milk or dairy product on any day. A processor must be licensed in order to run a dairy plant.

Provincial Licensing

A dairy plant refers to the place where dairy products are processed. Not only must the buildings and land that comprise the dairy plant meet specified legislative requirements, but so too must the equipment, utensils, materials and ingredients used in processing dairy products.

Alberta Milk is a non-profit organisation that represents the province’s 601 dairy producers. It was established in 2002 through the approval of the Alberta Milk Plan Regulation, under the authority of the Marketing of Agricultural Products Act. Alberta Milk assigns transportation services for the delivery of the product from the producer to the processor.

Animal Health and Assurance Branch (AHAB) of AF is responsible for ensuring compliance with provincial legislation by investigating food safety complaints, providing information, and proceeding with prosecution for violations if appropriate. An AHAB inspector has the authority to seize, detain, and dispose of dairy products that do not conform to legislative requirements.

Provincial Licensing and Inspection

Producers and processors of dairy products must hold a producer or processor licence. These licenses may be issued by AF under the Dairy Industry Act or by Alberta Milk under the Marketing of Agricultural Products Act.

Plants that process less than 50 litres per day of raw cow's milk or dairy product are licensed by AF. Plants that process 50 litres or more of raw cows' milk per day are licensed by Alberta Milk. All processing plants that process sheep or goat's milk are licensed by AF.

To ensure food safety, all new processing, whether licensed by AF or Alberta Milk, must be inspected prior to licensing to ensure compliance with the legislative requirements.

Sale of Milk

Milk may be sold providing that it is fit for human consumption. The use of the term "sale" includes trading, bartering and giving without expectation of compensation. Providing milk free of charge is considered to be “selling” milk.

Raw Milk

Pasteurization is a process to destroy pathogens in every particle of milk or dairy product by heat or other process. Milk that has not been pasteurized is termed "raw milk."

Raw milk, or a product produced from raw milk may only be sold to a processor as directed by Alberta Milk. Cheese that has been manufactured in compliance with the Food and Drugs Act (Canada) is exempted from this provision.

All raw milk delivered to a dairy plant must have been produced on a dairy farm by a licensed producer, have been transported in a milk transport vehicle that meets the legislative requirements, and meet the legislated drug residue standard. A processor must ensure that samples are taken from each milk transport vehicle when milk is delivered to a dairy plant.

Role of AF

AF provides leadership and support for safe food production systems and global market access for Alberta’s agriculture and food industry through information, services and administration of legislation.

AF is committed to continued excellence in food safety by ensuring legislative compliance by investigating food safety complaints, providing information and proceeding with prosecution if appropriate. Pursuant to the Dairy Industry Act, an inspector has the authority to seize and detain dairy products. An inspector may order these dairy products to be held or disposed of.

If you have questions or concerns about the interpretation and enforcement of the legislative provisions discussed on this web page, you may contact:

Alberta Agriculture and Forestry
Animal Health and Assurance Branch
301 Provincial Building
4920 - 51st Street
Red Deer, AB T4N 6K8
Telephone: 1-403-755-1474
Fax: 403-340-5870