Milk quality issues are
beyond the jurisdiction of the Ontario Ministry of Agriculture, Food and Rural
Affairs Appeals Tribunal.
It means that what
inspectors determine stands, provided the Dairy Farmers of Ontario milk
marketing board stands by them.
That’s what happened in the
case of Jeffrey French who brought an appeal to the tribunal, seeking a refund
of $40,000 for his losses when the milk board inspector condemned his dairy and
kept him from marketing milk fror 30 days.
French has subsequently
surrendered his licence after the suspension in the summer of 2015.
Even had the tribunal not
decided it lacks jurisdiction to deal with milk quality issues, French would
probably have lost because the tribunal wrote in its decision released this
week:
“The inspectors’ determinations to downgrade the
Appellant’s milk classification and suspend his access to the milk market were
dictated by the poor condition of his dairy farm, the unclean conditions of his
equipment and animals, all considerations which are specifically set out in the
Milk Regulation.
“The inspectors’ evidence before the Tribunal was
supported by test results reflecting elevated bacterial and somatic cell levels
and was also supported by photographic evidence of unclean and unsanitary
conditions, equipment and animals as well as direct testimony that confirmed
the photographic evidence.
“Therefore, the inspectors’ determinations regarding
the Appellant’s milk classification and access to the milk market were in
conformity with the Milk Regulation.”
