Appeal by dairy farmers against penalties for milk contaminated with penicillin dismissed due to lack of evidence of off-farm contamination.
The appellants, dairy farmers, appealed a decision by the Dairy Farmers of Ontario not to cancel positive inhibitor test results and the associated penalties and load liability costs.
A milk sample from their farm tested positive for penicillin, resulting in the contamination and disposal of an entire truckload of milk.
The appellants argued the contamination must have occurred off-farm, as they were not treating cows with penicillin.
The Tribunal dismissed the appeal, finding no errors in sample handling or testing, noting the presence of antibiotics on the farm, and emphasizing the producers' failure to keep permanent treatment records.
The Tribunal held that responsibility for the milk remains with the producer.
Roelofsen v. Director of Regulatory Compliance, DFO, 1998 ONAFRAAT 32
