Mary MacDonald

The appellant farm appealed a decision not to cancel an abnormal freezing point test result on a milk sample, which had resulted in a penalty for added or excess water.

The Tribunal found that no water was intentionally added, the abnormal result was likely caused by ice crystals in the bulk tank, and the producer had exercised due diligence in addressing the refrigeration problem.

The appeal was allowed, the test result was ordered expunged, and the penalty monies were reimbursed.

The appellant dairy farm appealed a decision by the Director of Regulatory Compliance not to cancel a positive inhibitor test result on a milk sample.

The milk tested positive for penicillin G, resulting in a penalty and costs for the disposal of the contaminated truckload.

The appellant argued that no penicillin was used during the relevant time and suggested the contamination occurred off-farm or through testing errors.

The Tribunal found no evidence of sampling or testing errors and concluded the contamination must have occurred on the farm.

The appeal was denied.

The appellants, operators of a dairy farm, appealed decisions of the Director of Regulatory Compliance of the Dairy Farmers of Ontario not to cancel freezing point test results and resulting penalties from February, March, and April 1998.

The appellants did not dispute the test results but sought relief on humanitarian grounds, arguing the violations were related to the January 1998 ice storm.

The Tribunal found no cause-effect link between the ice storm and the freezing point violations, concluding instead that the issues stemmed from farm management practices that were only corrected after milk pick-up was shut off.

The appeal was denied and the penalties were allowed to stand.