55. (1) The producer of milk that is tested for bacterial content under section 52 in any given month is liable to a penalty in accordance with subsection (2.0.1) if, (a)  the bacterial content is found in a test in that month to exceed the amount specified in subsection 52 (2); and (b)  the bacterial content was also found to exceed the amount specified in subsection 52 (2) in at least 40 per cent of all of the tests conducted on the producer’s milk in a three-month period that includes, (i)  the month in which the test referred to in clause (a) was conducted, and (ii)  the two months preceding the month described in subclause (i). O. Reg. 122/18, s. 13 (1). (1.1) Revoked: O. Reg. 122/18, s. 13 (1). (2) The producer of milk that is tested for somatic cell count under section 52 in any given month is liable to a penalty in accordance with subsection (2.0.1) if, (a)  the somatic cell count is found in a test in that month to exceed the amount specified in subsection 52 (4); and (b)  the somatic cell count was also found to exceed the amount specified in subsection 52 (4) in at least 40 per cent of all of the tests conducted on the producer’s milk in a three-month period that includes, (i)  the month in which the test referred to in clause (a) was conducted, and (ii)  the two months preceding the month described in subclause (i). O. Reg. 122/18, s. 13 (1). (2.0.1) The amount of a penalty imposed under subsection (1) or (2) is as follows with respect to any milk marketed by the producer in the month in which the relevant test referred to in the subsection was conducted: 1.  $3 for each hectolitre of milk marketed, in the case of a first penalty incurred within a 12-month period. 2.  $4 for each hectolitre of milk marketed, in the case of a second penalty incurred within a 12-month period. 3.  $5 for each hectolitre of milk marketed, in the case of a third or subsequent penalty incurred within a 12-month period. O. Reg. 122/18, s. 13 (1). (2.1) If the monthly test required under section 52 is not taken or the result is missing for one month or two consecutive months, the tests taken in the months immediately preceding and following the missing month or months are considered to be consecutive for purposes of subsections (1) and (2). O. Reg. 108/97, s. 2. (2.2) Despite subsection (2.1), the missing months are not excluded from the 12-month period referred to in subsections (1) and (2). O. Reg. 108/97, s. 2. (2.3) Despite subsections (1) and (2), no penalty is payable by a producer with respect to milk that is tested for bacterial content or somatic cell count under section 52 during the two-month period that begins on May 1, 2018. O. Reg. 122/18, s. 13 (2). (3) Where the milk of a producer is tested under section 52 and found to contain an inhibitor, the producer is, in respect of the milk marketed in the same month as the milk that was tested, liable to a penalty of, (a)  $6 for each hectolitre of milk marketed, in the case of a first penalty incurred within a 12-month period; (b)  $9 for each hectolitre of milk marketed, in the case of a second penalty incurred within a 12-month period; and (c)  $12 for each hectolitre of milk marketed, in the case of a third or subsequent penalty incurred within a 12-month period. (d)  Revoked: O. Reg. 7/92, s. 2 (1). R.R.O. 1990, Reg. 761, s. 55 (3); O. Reg. 7/92, s. 2 (1); O. Reg. 534/92, s. 1; O. Reg. 122/18, s. 13 (3); O. Reg. 61/22, s. 6. (3.1) If a truckload of milk cannot be marketed because of the presence of an inhibitor and the milk of a producer with milk in the truckload is tested under section 52 and found to contain an inhibitor, the producer is liable to the marketing board in an amount equal to the value of the milk damaged plus the cost, including transportation costs, of disposing of the milk. O. Reg. 406/96, s. 1 (1); O. Reg. 901/21, s. 14 (1). (3.2) If a truckload of milk cannot be marketed because of the presence of a foreign substance, and the milk of a producer with milk in the truckload is found to contain the foreign substance, the producer is liable to the marketing board in an amount equal to the value of the milk damaged plus the cost, including transportation costs, of disposing of the milk. O. Reg. 634/00, s. 4 (1); O. Reg. 901/21, s. 14 (2). (3.2.1) If a truckload of milk containing milk transferred from a vertical bulk tank cannot be marketed because the milk is rejected under subsection 51 (1), the producer who stored milk in the vertical bulk tank is liable to the marketing board in an amount equal to the value of the milk damaged plus the cost, including transportation costs, of disposing of the milk. O. Reg. 901/21, s. 14 (3). (3.2.2) Subsection (3.2.1) does not apply if, (a)  the truckload contains milk from a producer other than the producer who stored milk in the vertical bulk tank; and (b)  the milk from the other producer is found to be the cause of the milk having been rejected. O. Reg. 901/21, s. 14 (3). (3.3) If more than one producer is liable under subsection (3.1), (3.2) or (3.2.1) in respect of the same truckload, each producer is liable in the same proportion that the producer’s milk has to the volume of the damaged milk. O. Reg. 634/00, s. 4 (1); O. Reg. 901/21, s. 14 (4, 5). (3.4) Subsections (3.2), (3.2.1) and (3.3) do not apply to the extent that the marketing board agrees to accept responsibility for the value of the damaged milk and the costs of disposing of the milk identified in those subsections. O. Reg. 901/21, s. 14 (6). (4) The producer of milk that is tested for its freezing point under section 52 is liable to a penalty in an amount determined under subsection (4.1) if, (a)  the tested milk is found to have an abnormal freezing point; and (b)  where the producer’s milk was sampled previously and found to have an abnormal freezing point, at least 18 days elapsed between the previous sampling and the sampling that led to the finding referred to in clause (a). O. Reg. 122/18, s. 13 (4). (4.1) The amount of a penalty imposed under subsection (4) is as follows with respect to any milk marketed by the producer in the month in which the milk sample that gave rise to the penalty was taken: 1.  $3 for each hectolitre of milk marketed, in the case of a first or second penalty incurred within a 12-month period. 2.  $4 for each hectolitre of milk marketed, in the case of a third penalty incurred within a 12-month period. 3.  $5 for each hectolitre of milk marketed, in the case of a fourth or subsequent penalty incurred within a 12-month period. O. Reg. 122/18, s. 13 (4). (4.2) Despite paragraph 1 of subsection (4.1), the Director shall waive the payment of a first penalty incurred within a 12-month period in respect of a finding of an abnormal freezing point and shall notify the producer of the finding. O. Reg. 122/18, s. 13 (4). (4.3) Despite subsections (4) and (4.1), where an abnormal freezing point in a producer’s milk is found in testing carried out under section 52 for the first time after May 1, 2018, (a)  the Director shall waive the payment of the penalty by the producer and shall notify the producer of the finding; and (b)  any further findings of abnormal freezing points shall be subject to a penalty and the amount of the penalty shall be determined under subsection (4.1) taking into account all previous penalties incurred in the previous 12-month period, including the penalty waived under clause (a). O. Reg. 122/18, s. 13 (4). (5) Where a fieldperson finds that the milk of a producer is produced from animals or on premises that do not comply with sections 3 to 34.1 or with equipment that does not comply with those sections, or that the producer has not complied with sections 34.2 to 34.5, the producer is, in respect of the milk marketed during the month the finding of non-compliance is made, liable to a penalty of, (a)  $2 for each hectolitre of milk marketed, in the case of a first penalty incurred within a 12-month period; (b)  $4 for each hectolitre of milk marketed, in the case of a second penalty incurred within a 12-month period; and (c)  $8 for each hectolitre of milk marketed, in the case of a third or subsequent penalty incurred within a 12-month period. O. Reg. 122/18, s. 13 (4). (6) Any penalty to which a producer is liable in any month under subsections (1) to (5) is in addition to any penalty that may be levied under any other of the said subsections. R.R.O. 1990, Reg. 761, s. 55 (6). (7) If a producer incurs four penalties or more under subsection (1), (2), (4) or (5) within a 12-month period, including any penalty the payment of which was waived under subsection (4.2) or (4.3), or incurs two penalties or more under subsection (3) within a 12-month period, (a)  the Director shall notify the marketing board and the producer of that fact in writing; and (b)  the milk of the producer shall not be marketed until the producer satisfies the Director that the milk is being produced in compliance with sections 3 to 34.5 and that the milk satisfies the tests described in section 52. O. Reg. 122/18, s. 13 (5). (7.1) Revoked: O. Reg. 122/18, s. 13 (5). (8) A notice given to a producer under subsection (7) shall, (a)  notify the producer that the milk shall not be marketed for the reasons set out in the notice; and (b)  give particulars respecting the duration of the rejection. O. Reg. 122/18, s. 13 (5). (9) If the milk of a producer is rejected under subsection (7), the producer is also liable to pay the amount that the producer is otherwise liable to pay under subsection (1), (2), (3), (3.1), (4) or (5). O. Reg. 122/18, s. 13 (5); O. Reg. 901/21, s. 14 (7). (10)-(12) Revoked: O. Reg. 122/18, s. 13 (5).