Appeal allowed; milk quality penalty expunged as abnormal freezing point was caused by ice crystals.
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.
Donnanview Farms Ltd. v Director of Regulatory Compliance, Ontario Raw Milk Quality Program, 1999 ONAFRAAT 24