Dairy Farms Regulation

Dairy Farms Regulation, M.R. 138/2015 The Dairy Act , C.C.S.M. c. D10 Regulation 138/2015 Registered August 25, 2015 bilingual version (HTML) Table of Contents Section DEFINITIONS 1 Definitions PART 1 DAIRY FARMS 2 Registration of dairy farms required 3 Exception 4 How to register a dairy farm 5 Dairy farm must comply with Part 6 Requirement to have a milking barn, area or parlour 7 Requirement to have a dairy barn 8 Requirement to have a milkhouse 9 General requirements 10 Additional requirements for dairy barns 11 Additional requirements for milking areas 12 Additional requirements for milking barns 13 Additional requirements for milking parlours 14 Additional requirements for milkhouses 15 Lavatories 16 Milking machines 17 Location of main filtration system 18 Automatic milking machines 19 Single-service straining and filtering material 20 Containers, equipment and utensils 21 Preventing contamination of equipment and feed 22 Bulk milk coolers 23 Storage of milk 24 Director's approval of alternative storage temperature 25 Storage of supplies in milkhouse 26 Milkhouse water system 27 Hand washing facilities in milkhouse 28 Equipment washing and sanitizing 29 Equipment storage racks in milkhouse 30 Milkhouse cleaning equipment 31 Storage of cleaning products in milkhouse 32 Container, equipment and utensil cleaning 33 Posting sanitation program and procedures 34 Inspector may condemn equipment 35 Dairy animals must be milked in milking barn or parlour 36 Personal hygiene for workers 37 Transmissible diseases 38 No changing of bedding during milking 39 Milking procedures 40 Manual milk movement 41 Prohibited animals in milking facilities 42 More than one dairy animal species on a farm 43 Separation of young dairy animals 44 Cleanliness in barns and parlours 45 Storage and disposal — no negative impact 46 Manure accumulation 47 Prohibited uses of milkhouse 48 Storage of veterinary drugs in milkhouse 49 Milkhouse cleanliness 50 Port opening must used to transfer milk 51 Administering drugs and other products 52 Inspecting dairy farms 53 Sale of unpasteurized milk or cream 54 No sale of milk from diseased animals PART 2 MILK STANDARDS 55 Selling certain milk prohibited 56 Immediate suspension of sale or shipment of milk — presence of inhibitors PART 3 GENERAL PROVISIONS 57 Right to request a review of an inspector's order 58 Coming into force DEFINITIONS Definitions 1 The following definitions apply in this regulation. "Act" means The Dairy Act . («  Loi  ») "automatic milking system" means a milking system that, in normal operation, performs the milking of a dairy animal without the intervention of an individual. (« système de traite automatisé ») "dairy barn" means a structure in which feeding and holding areas are used in conjunction with a milking system. (« étable laitière ») "dairy product contact surface" means a surface that comes into contact with dairy products, including such a surface on equipment of any kind. (« surface en contact avec des produits laitiers ») "inhibitor" means a substance, other than a bacterial culture, that inhibits the growth of the bacteria in milk and does not occur naturally in milk. (« inhibiteur ») "loose-housing barn" means a structure that has a roof and at least three walls and contains no stalls. (« étable ouverte ») "milkhouse" means a structure in which any or all of the following are done: (a) milk is stored under refrigeration after milking and before pick up; (b) milking equipment is cleaned, sanitized or stored. (« laiterie ») "milking area" means an area in which dairy animals are milked inside a dairy barn. (« aire de traite ») "milking barn" means a structure in which dairy animals are housed and milked. (« étable de traite ») "milking parlour" means a structure in which dairy animals are milked but not housed. (« salle de traite ») "pest" means an arthropod or other animal that may contaminate milk or dairy products. (« organisme nuisible ») "producer" means a person who operates a dairy farm or sells, or delivers for sale, milk that has been produced by a herd of dairy animals that he or she owns or controls. (« producteur ») "raw milk" means milk that has not been heated to more than 40°C or undergone a treatment that has an equivalent effect. (« lait cru ») "toxic" , in relation to a material or substance, means that it may cause irritation or damage to the human body if it is ingested, inhaled, absorbed or contacted. (« toxique ») PART 1 DAIRY FARMS REQUIREMENT TO BE REGISTERED Registration of dairy farms required 2 A person must not operate a dairy farm unless the dairy farm is registered. Exception 3 Section 2 does not apply to a dairy farm that produces only cow's milk and is operated by a registered producer within the meaning of the Dairy Farmers of Manitoba Marketing Plan Regulation , Manitoba Regulation 89/2004. How to register a dairy farm 4(1) The operator of a dairy farm may register it by providing the director with the information about the farm that the director requires. 4(2) The director may register a dairy farm after being provided with the required information, but may refuse to register a dairy farm if the required information is not provided. 4(3) If the director refuses to register a dairy farm, subsection 5 of the Act applies with necessary modifications. PHYSICAL AND OPERATIONAL REQUIREMENTS Dairy farm must comply with Part 5(1) A dairy farm must conform to the requirements of this Part. 5(2) The operator of the farm must ensure that the farm conforms to and that its operation complies with the requirements of this Part. Requirement to have a milking barn, area or parlour 6 A dairy farm must have a milking barn, milking area or milking parlour in which the dairy animals are kept during milking operations. Requirement to have a dairy barn 7 If the dairy animals on a dairy farm are milked in a milking area or milking parlour rather than a milking barn, the dairy farm must have a dairy barn to house the animals. Requirement to have a milkhouse 8 A dairy farm must have a milkhouse. General requirements 9(1) A milking barn, milking parlour, milkhouse or dairy barn must (a) be well drained; (b) be kept clean; (c) be kept free of conditions that (i) might harbour or be conducive to the breeding of insects or rodents, or (ii) otherwise threaten (A) the safety of or quality of milk, or (B) the health of dairy animals; (d) be maintained in good repair; (e) be constructed and ventilated so as to prevent freezing, water condensation and the accumulation of odours; and (f) have, for milking operations, a water source that has no detectable Escherichia coli bacteria per 100 ml of water. 9(2) Equipment that is present in a milking barn, milking parlour, milkhouse or dairy barn and is required to carry out any requirement of this regulation or is specifically mentioned in this regulation must be in good working order and capable of performing its intended purpose. 9(3) Clauses (1)⁠(a) to (e) also apply to any other building or part of a dairy farm where dairy animals of any age are kept, including non-milk producing offspring of dairy animals. 9(4) Clauses (1)⁠(a) to (e) also apply to a structure attached to a milking barn or parlour, a milkhouse or a dairy barn. 9(5) The dairy animal yard of a dairy farm must (a) be graded and drained to prevent standing pools of water and accumulation of liquid animal waste; (b) have no standing pools of water or liquid animal waste and no accumulation of solid organic wastes; (c) be designed, constructed and operated to prevent access by animals other than animals that are housed in the dairy barn or milking barn associated with the yard; and (d) be maintained in a condition that does not constitute a risk of contamination to milk. 9(6) The milkhouse yard of a dairy farm must be (a) properly graded and well drained; and (b) designed, constructed and operated to prevent access by dairy animals, other livestock and poultry. Additional requirements for dairy barns 10(1) A dairy barn must (a) have a manure-handling system that is suitable for the production of milk that is fit for human consumption and enables the dairy barn to meet the requirements of subsection 9(1); (b) be constructed and equipped to maintain suitable temperature and ventilation that enables the dairy barn to meet the requirements of clause 9(1)⁠(e); and (c) have interior surfaces constructed only of durable material that permits effective cleaning. 10(2) In addition to conforming to the requirements of subsection (1), a dairy barn that is not a loose housing barn must (a) other than in its stalls, have floors that are (i) constructed of concrete or another equally impervious material, and (ii) maintained in good repair; and (b) have stalls, the floors of which are (i) constructed of concrete, sand, or earth and gravel fill, (ii) constructed to self-drain, and (iii) kept in a clean and dry condition. 10(3) When a dairy barn has a milking area, (a) the milking area and any area containing any part of the automatic milking system must be separated from the rest of the dairy barn; and (b) the part of the dairy barn where the dairy animals wait to enter the milking area must be kept clean. 10(4) A dairy barn must be kept free of animals other than bovine, caprine and equine animals. 10(5) Animals of different species that are housed in a dairy barn must be housed in separate areas. Additional requirements for milking areas 11(1) A milking area, whether or not it is equipped with an automatic milking system, must (a) be constructed of materials that do not constitute a food safety risk; (b) be constructed in a manner that prevents the accumulation of solids and liquids at the intersection of the walls and floor; (c) have floors that are (i) constructed of concrete or another equally impervious material, (ii) sloped to drain properly, and (iii) maintained in good repair; (d) have walls that are (i) dust-tight and smooth, (ii) painted, or finished in another suitable manner that enables it to meet the requirements of subsection 9(1), and (iii) maintained in good repair; (e) have the lower 15 cm of the walls, immediately above floor level, constructed of concrete or another equally impervious material; (f) have ceilings that are (i) dust-tight and smooth, (ii) painted, or finished in another suitable manner that enables it to meet the requirements of subsection 9(1), and (iii) maintained in good repair; (g) be naturally or artificially lighted to a level of at least 100 lux at any time that any of the following may be carried on: milking, handling of milk, inspections, or cleaning and sanitizing the building or its equipment; (h) be equipped only with light fixtures that are shatterproof or shielded so as to prevent breaking glass from falling into open containers; (i) be constructed and equipped to provide suitable heating and ventilation that enables the dairy barn to meet the requirements of clause 9(1)⁠(e); (j) be equipped with or have ready access to a pressurized hot and cold running water system that is protected from any source of contamination for the water that comes in contact with milk equipment; (k) be equipped with water pipes, water hoses and hose nozzles that are installed and arranged in a suitable manner that permits the milking area and its milk equipment to be cleaned; (l) be equipped with a heating system to prevent freezing; (m) be kept free of animals other than those of the dairy animal species kept on the dairy farm for the purpose of milking; and (n) be kept free of animals except during milking or when it is being used for activities related to the care of dairy animals. 11(2) Doors, windows and all openings leading to the outside of a milking area must be suitably designed and maintained so that the possible entry of insects, birds, rodents or other pests to the milking area is minimized. Additional requirements for milking barns 12(1) A milking barn must (a) comply with the requirements of clauses 11(1)⁠(a) to (i) as though it were a milking area; and (b) have a manure-handling system that (i) is suitable for the production of milk that is fit for human consumption, (ii) enables the dairy barn to meet the requirements of subsection 9(1), and (iii) includes gutters of sufficient size to contain manure accumulated between cleanings. 12(2) Ground, chopped or concentrated feed must not be stored in a milking barn unless it is stored in a way that prevents contamination from manure or other substances. Additional requirements for milking parlours 13 A milking parlour must (a) comply with section 11 as though it were a milking area; (b) comply with subsection 12(2) as though it were a milking barn; (c) have its floor, ramp and platforms rounded at the walls; and (d) have (i) a waste disposal system that is installed so that the system can be used effectively the year round, and (ii) a properly trapped and covered floor drain connected to the system. Additional requirements for milkhouses 14(1) Except as permitted by subsection (2), a milkhouse must not be used for any activity but the following: (a) cooling and storing milk; (b) cleaning, sanitizing and storing material and equipment used in the production and handling of milk. 14(2) With the approval of an inspector, a milkhouse may be used for an activity not permitted by subsection (1) if the activity does not constitute a potential food safety risk or a potential source of contamination of milk. 14(3) A milkhouse must (a) be of sufficient size to accommodate, without crowding, all equipment necessary for (i) cooling, handling and storing milk, (ii) washing, sanitizing and storing utensils and containers used in producing milk, and (iii) inspecting the milkhouse; (b) be constructed in a manner that prevents the accumulation of solids and liquids at the intersection of the walls and floor; (c) have floors that are (i) constructed of concrete or another equally impervious material, (ii) smooth and free of indentations, cracks and crevices, and (iii) sloped to a covered drain, which must be located away from the underside and outlet valve of the bulk milk cooler; (d) have walls and ceilings that are (i) smooth and free of indentations, cracks and pitting, and (ii) painted or finished in another manner that is acceptable to the director; (e) have the lower 15 cm of the walls, immediately above floor level, constructed of concrete or another equally impervious material; (f) have watertight joints between floor and walls; (g) have a waste disposal system that is installed so that the system can be used effectively the year round and a properly trapped and covered floor drain connected to the system; (h) be constructed with sufficient insulation, heating and ventilation to prevent freezing or condensation build-up at all times; (i) be equipped only with light fixtures that are shatterproof or shielded so as to prevent breaking glass from falling into open containers; (j) be provided with windows or other equally suitable system for the proper ventilation, with adequate lighting to perform handling, inspection, cleaning and sanitizing operations of the premises and equipment; (k) have properly fitting screens on all doors and windows used for ventilation in summer months; (l) have a port opening that (i) is installed in an appropriate wall to allow the transfer hose of a bulk milk transport to be connected to the bulk milk cooler, (ii) has a self-closing cover, and (iii) is in good repair; (m) have a concrete pad at least 60 cm by 1 m on the outside of the building directly under the port opening; (n) have a grounded electrical outlet that is adjacent to the port opening and is controlled by a bipolar switch accessible to the operator of the bulk milk transport; (o) be equipped with or have ready access to a pressurized hot and cold running water system that is protected from any source of contamination for the water that comes in contact with milk equipment; (p) have a window that allows a bulk milk grader to observe the transfer pump compartment of a transport vehicle's milk tank from inside the milkhouse; (q) if connected to a dairy barn, milking barn or milking parlour, have self-closing doors, acceptable to the director, between the milkhouse and the dairy barn, milking barn or milking parlour; and (r) have self-closing doors, acceptable to the director, from the milkhouse to the outside. 14(4) A milkhouse must not contain a refrigeration compressor, milking-system vacuum pump, water heater or water pump unless it is installed and operated in a manner that does not contaminate the milk. 14(5) A milkhouse must be located, constructed and maintained so that no objectionable odour may enter it. 14(6) The driveway to and from a milkhouse must (a) be kept free of animals and animal waste; and (b) subject to subsection (7), be kept free of obstacles that may impede access to the milkhouse by a bulk milk transport. 14(7) If a lockable gate is located on the milkhouse driveway, it must be unlocked whenever a bulk milk transport is scheduled to pick up milk. Lavatories 15(1) All lavatories for dairy farm workers must be kept clean and sanitary. 15(2) A lavatory must not have a doorway or other opening into a milkhouse without an inspector's approval. Milking machines 16(1) A dairy farm must be equipped with milking machines (a) that conform to the requirements of this section; or (b) that are approved by the director. 16(2) A milking machine must be capable of providing uniform vacuum and airflow at each milking unit. 16(3) Any automatic milk-conveying equipment must be (a) installed so that it has adequate self-drainage; and (b) a permanent in-place installation. 16(4) If automatic milk-conveying equipment lines also convey vacuum to the milking units, the milking machine installation must be acceptable to the director. Location of main filtration system 17 If a dairy farm is equipped with an automatic milk conveying system, the main filtration system must be installed downstream from the receivers. Automatic milking systems 18(1) When a dairy barn is equipped with an automatic milking system, it must be located in a suitable milking area. 18(2) An automatic milking system must (a) be capable of (i) cooling the milk entering the system to 4°C or lower in two hours or less after entering, and (ii) ensuring that the temperature of blended milk in the system does not exceed 4°C for longer than 15 minutes; and (b) be operated so that (i) milk entering the system is cooled to 4°C or lower in two hours or less after entering the system, (ii) the temperature of blended milk in the system does not exceed 4°C for longer than 15 minutes, and (iii) the temperature of blended milk in the system is not lower than 1°C at any time. Single-service straining and filtering material 19 Unless otherwise approved by the director, (a) only single-service material manufactured for straining milk may be used for that purpose; (b) only single-service material manufactured for filtering milk may be used that purpose; and (c) reusable or previously used material must not be used for straining or filtering milk at a dairy farm. Containers, equipment and utensils 20 All containers, equipment and utensils used to handle, store or transfer milk must be (a) made of smooth, non-absorbent, non-corrodible and non-toxic materials; (b) designed and constructed to be easily cleaned; (c) unable to be affected by the milk; (d) maintained in working order; and (e) used only to handle, store or transfer milk. Preventing contamination of equipment and feed 21 Effective measures must be employed to prevent the contamination of containers, equipment, utensils and dairy animal feed by insects and rodents and by chemicals used to control such vermin. Bulk milk coolers 22(1) The bulk milk coolers of a milkhouse must conform to the requirements of this section. 22(2) A bulk milk cooler must (a) be installed so that (i) no aspect of the installation, including the cooler's placement, constitutes a food safety risk, (ii) there is sufficient room on all sides to access the bulk milk cooler for inspection, milk transfer, cleaning and sanitizing, and (iii) its placement, in relation to the area where a bulk milk transport parks while transferring milk from the cooler, is such that any bulk milk transport can connect to the cooler's outlet using a transfer hose that is no longer than 7.5 m; (b) be used exclusively for storing and cooling milk; (c) have a mechanical agitator capable of restoring uniformity of all milk constituents throughout the tank without splashing or churning the milk; (d) feature intermittent controlled agitation that provides a minimum of five minutes agitation per hour; (e) be equipped with a thermometer in working order marked with gradations from 0°C to 50°C and capable of determining and displaying the temperature of the milk in the tank to within 1°C; (f) be equipped with an outlet cap; (g) be capable of (i) cooling the first milking in the tank to 10°C or lower in one hour or less after the end of herd milking, and to 4°C or lower in two hours or less after the end of herd milking, (ii) keeping the blend temperature of subsequent milkings at 10°C or lower, (iii) cooling the milk in the cooler to 4°C or lower in one hour or less after the addition of any milking after the first, and (iv) maintaining the temperature of the milk at 4°C or lower between milkings; and (h) be operated so that: (i) milk entering the bulk milk cooler is cooled to 10°C or lower in one hour or less after the end of herd milking and to 4°C or lower in two hours or less after the end of herd milking, (ii) the blend temperature of subsequent milkings does not exceed 10°C at any time, (iii) milk in the cooler to 4°C or lower in one hour or less after the addition of any milking after the first, and (iv) the temperature of milk in the cooler is maintained at 4°C or lower between milkings. 22(3) A bulk milk cooler must be cleaned and sanitized after each transfer of milk before more milk is placed in it. 22(4) Except as permitted by subsection (5), a bulk milk cooler must not be installed in any building or other place on a dairy farm other than in a milkhouse. 22(5) If a portion of a bulk milk cooler extends outside the milkhouse (a) the manhole, vent and outlet must be located inside the milkhouse; (b) the portion of the bulk milk cooler that is outside the milkhouse must be in a clean area that allows the bulk milk cooler to be maintained in a clean and sanitary manner and allows sanitary access to any external agitator equipment during service; (c) all parts of the bulk milk cooler must be easily accessible to allow inspection for cracks, other than the part that the bulkhead wall makes inaccessible; (d) the portion of the bulk milk cooler that is outdoors must be protected from animals and vehicles by a design feature or barrier; (e) the bulk milk cooler leg supports must be suitably mounted to prevent torsion and cracking of the tank; (f) the bulk milk cooler must not be used for a wall or ceiling support; and (g) any gap between the bulkhead wall and the bulk milk cooler must be tightly sealed with a gasket. 22(6) If the agitator motor of a bulk milk cooler is located outside the milkhouse, it must be suitably protected by a waterproof installation. 22(7) Except as permitted by the director, a bulk milk cooler must be emptied of cow's milk at least once every two days. Storage of milk 23(1) Before being stored, milk must be filtered. 23(2) Except as permitted under subsection (3) or (4), milk must not be stored on a dairy farm other than in a bulk milk cooler. 23(3) Milk from a dairy animal other than a cow may be stored unfrozen in facilities other than a bulk milk cooler if (a) the facilities (i) are easily accessible for inspection, handling, washing and sanitizing, (ii) comply with clauses 22(2)⁠(a), (e) and (g), (iii) have been inspected and approved by the director, and (iv) are operated in accordance with clause 22(2)⁠(h); and (b) the milk's temperature is within the parameters set out in clause 22(2)⁠(h). 23(4) Milk from a dairy animal other than a cow may be stored in frozen storage if (a) it is stored in a container that is uniquely identified so that the milking date and producer can be traced to that container; (b) it is frozen within 72 hours of milking and remains frozen until it is received by a processor; (c) it is cooled to 4°C or lower before it is added to a container that already contains frozen milk; (d) the freezer in which it is stored is equipped with an accurate temperature measuring device; (e) the freezer and its storage racks are free of pits and corrosion and are maintained in a sanitary condition while in use; and (f) the producer makes and maintains a daily record of freezer temperature. 23(5) A producer must make and maintain a record of the identification data of containers referred to in clause (4)⁠(a) so that the milking date and producer can be traced to that container. 23(6) After being emptied and before being used again, reusable milk storage containers must be thoroughly cleaned, sanitized and dried. 23(7) Articles intended for single use such as plastic bags and pail liners must not be used more than once. 23(8) Milk containers must be stored so that their exteriors remain clean and free of contaminants. Director's approval of alternative storage temperature 24(1) Provided that health and safety are not compromised, the director may, at a producer's request, approve alternative storage temperature regimes for raw milk used in the manufacture of specialty products. The director may refuse to approve an alternative storage temperature regime without giving reasons for the refusal. 24(2) Without limiting the generality of subsection (1), the director may impose conditions on the approval. A producer must comply with any conditions the director imposes. Storage of supplies in milkhouse 25 A milkhouse must be equipped with totally enclosed cupboards with tight-fitting doors for the storage of milkhouse supplies such as milk filters, cleaning products and similar items. Milkhouse water system 26 A milkhouse must have a functional pressurized hot and cold water system that (a) is sufficient to wash out and effectively clean the bulk milk cooler and to effectively clean the milkhouse and all utensils, storage containers and other equipment used in it; (b) has no detectable level of Escherichia coli bacteria per 100 ml of water; (c) is protected from any source of contamination for the water that comes in contact with milk equipment; and (d) is equipped with water pipes, water hoses and hose nozzles that are installed and arranged in a suitable manner that permits the milkhouse floor, milk equipment and bulk milk cooler to be rinsed and cleaned. Hand-washing facilities in milkhouse 27 For washing hands, a milkhouse must have potable hot and cold running water, soap, single-use towels, a single-use towel dispenser and a waste receptacle for used towels. Equipment washing and sanitizing 28(1) If manual washing and sanitizing of utensils, storage containers or equipment takes place in a milkhouse, it must be equipped with a multicompartment non-corrodible wash and rinse sink, each compartment of which must be large enough to accommodate the largest utensil, container or piece of equipment. 28(2) Despite subsection (1), if a milkhouse is equipped with a complete clean-in-place system, a one-compartment sink is sufficient. 28(3) All sinks in a milkhouse must be properly trapped and connected to a wastewater drainage system. Equipment storage racks in milkhouse 29 A milkhouse must have a sufficient number of non-corrodible metal racks for the orderly storage of equipment and utensils. The lowest section of a rack must be high enough above floor level to permit cleaning of the floor beneath the rack without contaminating the rack's contents. Milkhouse cleaning equipment 30 The cleaning equipment in a milkhouse must include equipment to effectively clean and sanitize the automatic milk conveying system, if installed. Storage of cleaning products in milkhouse 31(1) All cleaning products and sanitizers used to produce or handle milk must be stored in a manner that will not contaminate the milk. 31(2) No person shall use or store in a building or other part of a dairy farm where dairy animals may be kept or dairy products may be handled or stored a cleaning product, sanitizer, or pesticide or other pest control product that (a) is not contained or stored in its originally labelled container or in a container that is clearly labelled and identifies the product contained in it; or (b) does not comply with the requirements for such a product set out in the Food and Drugs Act (Canada), the Pest Control Products Act (Canada) or the regulations under those Acts, or in any applicable Act or regulation of Manitoba. Container, equipment and utensil cleaning 32 The dairy product contact surfaces of all multi-use containers, equipment and utensils used to handle, store or transfer milk must be drained, cleaned and sanitized before each use. Posting sanitation program and procedures 33(1) The program and procedures for sanitizing the milking equipment must be posted in the milkhouse and milking barn or parlour. 33(2) The program and procedures for sanitizing the milking equipment must be followed by all dairy farm workers who are responsible for the sanitization. Inspector may condemn equipment 34 An inspector may condemn any equipment, utensil, can or other container used in dairying operations on a dairy farm that he or she believes is unsuitable for that use. If any inspector condemns equipment or a utensil, can or other container under this section, the producer must dispose of it in whatever manner the inspector directs. Dairy animals must be milked in milking barn or parlour 35 No person shall milk a dairy animal other than in a milking area, milking barn or milking parlour. Personal hygiene for workers 36 A person who is milking a dairy animal must (a) wash his or her hands and dry them with single-use towels before starting and ensure that they are clean at all times during milking; (b) not engage in milking with wet hands; (c) wear clean clothing; and (d) wear a waterproof dressing to cover any open lesion. Transmissible diseases 37 No person, infected with or carrying any communicable disease that may be transmitted through milk, shall work in a capacity that involves the production, handling, storage or transportation of raw milk. No changing of bedding during milking 38 A person must not change or disturb bedding in a milking barn while milking is in progress if changing or disturbing the bedding constitutes a potential food safety risk or may contaminate the milk. Milking procedures 39(1) Milking must be performed (a) using a procedure that prevents contamination of milk; (b) using materials and sanitation agents that are approved by Health Canada for use in connection with milking; (c) in a manner that prevents the transfer of contaminants from one dairy animal to another; (d) using only materials and equipment that have been cleaned and sanitized before and after the milking procedure; (e) under an acceptable milking protocol, which must include a method of checking that the milk from each dairy animal appears visibly normal before and during the milking process; and (f) by staff who follow the milking protocol described in clause (a) and good hygiene practices. 39(2) For the purpose of clause (1)⁠(e), "acceptable" means (a) acceptable to the board in the case of cow's milk; and (b) acceptable to the director in the case of milk from another dairy animal. 39(3) When milking is performed by an automated milking system, the producer or the person in charge of milking must ensure (a) that each animal is clean before it is milked; (b) that, before milking each animal, the system cleans and sanitizes the animal's teats; and (c) that the system detects and discards abnormal milk. 39(4) A producer must keep a record of any abnormal event that occurs during the milking process and the steps taken to rectify the abnormality. 39(5) A producer must (a) implement a monthly raw milk monitoring program that monitors milk produced on the farm for somatic cell count and bacteria; (b) keep a record of (i) the test results produced in the monitoring program, and (ii) any corrective action to the producer's milking protocol due to the results of the monitoring program. 39(6) Records kept under subsection (4) or (5) must be made available to an inspector on request. Manual milk movement 40 If a milking barn or milking parlour does not have equipment that automatically conveys the milk to the milkhouse, each pail or container of milk must be transferred immediately from the milking barn or milking parlour to the milkhouse. Prohibited animals in milking facilities 41(1) Animals other than dairy animals must not be allowed to enter or remain in a milking barn, milking parlour or dairy barn. 41(2) A dead dairy animal must without delay be removed from a dairy barn or any other place where another dairy animal may come into contact with it. More than one dairy animal species on a farm 42(1) If the dairy animals on a dairy farm include more than one species, (a) dairy ewes must be kept in a separate enclosure from other dairy animals that prevents the ewes from having any contact with the other animals; and (b) milking, collection, storage and transfer equipment shall be operated in a manner that prevents the mixing of milk between dairy animal species. 42(2) When dairy animals of differing species are housed in the same dairy barn, the dairy barn must have a separate area for each species and dairy animals of a particular species must only be housed in the area for that species. Separation of young dairy animals 43 Young dairy animals must be kept in separate pens or box stalls when housed in the same building as the milking herd. Cleanliness in barns and parlours 44 The interior of a milking barn, milking parlour or dairy barn, including the milking area, must be kept clean and free of filth and litter at all times. Storage and disposal — no negative impact 45 The storage or disposal of anything on a dairy farm must not be done in a manner that is a food safety risk or may impact negatively on milk, dairy animal feed and dairy animals. Manure accumulation 46 Manure in a milking barn or dairy barn must be managed in a manner that does not compromise the cleanliness of dairy animals in the barn. Prohibited uses of milkhouse 47(1) A milkhouse must not be used for any purpose other than milkhouse operations. 47(2) A milkhouse must be kept free of all animals at all times. 47(3) No person shall keep anything in a milkhouse that is not directly related to milkhouse activities. Storage of veterinary drugs in milkhouse 48 All veterinary drugs stored in a milkhouse must be kept in a cupboard or refrigerator in a manner that prevents contamination of milk. Milkhouse cleanliness 49 The following must be kept clean at all times: (a) the floors, walls, ceilings, windows, tables, shelves and cabinets of a milkhouse; (b) the non-milk contact surfaces of milk containers, utensils and equipment, and other milkhouse equipment. Port opening must used to transfer milk 50 No person shall transfer milk from a bulk milk cooler to a bulk milk transport other than through the port opening in the milkhouse wall. Administering drugs and other products 51(1) No person shall administer a drug or other product to a dairy animal unless it is approved for administration to dairy animals under the Food and Drugs Act (Canada), the Feeds Act (Canada), the Pest Control Products Act (Canada) and the regulations under any of those Acts, and under any applicable Acts and regulations of Manitoba. 51(2) A person who administers a drug to a dairy animal must identify the animal and make a permanent record, acceptable to an inspector, of the use of the drug's administration. 51(3) Every dairy farm must have a permanent record, acceptable to an inspector, of the use of drugs in dairy animals. The producer must make the record available to an inspector on request. Inspecting dairy farms 52 The director or an inspector may inspect a dairy farm whenever the director or inspector considers it appropriate to determine whether the producer is complying with the Act and this regulation and, if applicable, whether the operating licence should be suspended or cancelled. Sale of unpasteurized milk 53(1) No person, other than a producer, shall sell unpasteurized milk or have possession of unpasteurized milk for the purpose of selling it. 53(2) A producer must not (a) sell unpasteurized cow's milk except to the board; or (b) sell other unpasteurized milk except to a dairy plant. 53(3) This section does not prohibit (a) the board referred to in subsection (2) from selling unpasteurized milk to a dairy plant or from having possession of unpasteurized milk for the purpose of selling it to a dairy plant; (b) the operator of a dairy plant from having possession of unpasteurized milk for the purpose of pasteurizing or processing it. No sale of milk from diseased animals 54 A producer must not sell milk that is obtained from an animal that shows evidence or visible signs of disease transmissible to humans by milk or that adversely affects the quality or flavour of the milk. PART 2 MILK STANDARDS Selling certain milk prohibited 55 A person must not sell milk if (a) it contains an inhibitor or veterinary drug residue, determined using testing equipment and methods acceptable to the director; (b) it contains a chemical or microbiological substance, including a chemical or microbiological substance that may naturally occur in milk, at a greater level — determined using a protocol approved by the director — than normal milk composition; (c) it is produced at premises that do not conform to, or are not operated in accordance with, the requirements of this regulation; (d) it is produced with equipment that does not conform to, or is not operated or used in accordance with, the requirements of this regulation; or (e) it is milk (whether or not it is raw) other than cow's milk and fails to comply with the raw milk standards set out in Table 1 "Chemical and Microbiological Standards for Raw Milk" of the National Dairy Code , Sixth Edition (Part I), published the Government of Canada. Immediate suspension of sale or shipment of milk — presence of inhibitors 56 Without limiting the application of section 55, a producer (a) must immediately suspend sale and shipment of milk from the producer's farm if milk on or from the farm tests positive for the presence of an inhibitor; and (b) must keep it suspended until the producer satisfies an inspector that milk from the farm does not contain an inhibitor. PART 3 GENERAL PROVISIONS Right to request a review of an inspector's order 57(1) A person to whom an inspector's order under the Act is directed may request the director to review it, except that an order to destroy or dispose of a dairy product may not be reviewed. 57(2) A request for a review must take the form of a written response to the order setting out reasons why the director should vary or rescind the order under subsection (5). It may also contain a request that the director suspend all or part of the order under review pending a final decision under that subsection. 57(3) The written response must be given to the director no later than 14 days after the person receives the order. 57(4) On request, the director may suspend the operation of all or any part of the order under review if (a) the director needs further time to consider the written response; (b) the written response sets out facts or arguments that, if confirmed, would establish reasonable grounds for the director to vary or rescind the order under subsection (5); and (c) it is reasonable to conclude that (i) granting the suspension will not place anyone's health at risk, and (ii) the person to whom the order is directed will suffer a significant loss if the suspension is not granted. 57(5) Upon receiving a written response, the director must consider the inspector's order and the written response and may confirm, vary or rescind the order. 57(6) Upon making an order under subsection (5), the director must give a copy of the order to the person who requested the review, and include written reasons. Coming into force 58 This regulation comes into force on September 1, 2015, or on the day it is registered under The Statutes and Regulations Act , whichever is later.