Appeal of milk inhibitor penalty dismissed; producer failed to prove contamination was caused by sabotage.
The appellant dairy farmer appealed a decision upholding a positive inhibitor test for penicillin in his milk, which resulted in the disposal of a milk load and regulatory penalties.
The appellant did not dispute the test results but argued the contamination was caused by sabotage related to his candidacy in a dairy board election.
The Tribunal dismissed the appeal, finding the appellant failed to prove sabotage on a balance of probabilities and noting that milk producers bear the responsibility to ensure the quality of milk in their bulk tanks.
Ritchie v Director of Regulatory Compliance, Ontario Raw Milk Quality Program, 2006 ONAFRAAT 36