NewsTarget.com printable article
Originally published June 1 2005
American Diabetes Association peddling nutritional nonsense while accepting money from manufacturer of candy and sodas
The American Diabetes Association (ADA) recently announced a three-year, multi-million dollar alliance with Cadbury Schweppes Americas Beverages (CSAB) to help combat obesity and diabetes in America by stressing the importance of making smart nutritional choices.
According to an ADA press release sent to national media outlets, CSAB will support local and national ADA programs, such as "America's Walk for Diabetes" and "Weight Loss Matters." The release does not state, however, that the CSAB will be permitted to use the ADA logo on its diet soft drink products in exchange for this multi-million dollar contribution.
While the ADA and CSAB have published releases putting a positive spin on their alliance, many public interest groups have some problems with the partnership. Although CSAB is only allowed to print ADA's logo on its diet sodas, it is still the third-largest soft drink manufacturer in the world and a major producer of sugary candy. Both categories of products contribute to the United States' problem with obesity and diabetes.
Gary Ruskin, executive director of Oregon-based Commercial Alert, a website that monitors commercial culture, called the ADA's partnership with CSAB "corrupt" and demanded that the contribution be returned to CSAB immediately. "If Cadbury Schweppes really wanted to reduce the incidence of obesity and diabetes, it would stop advertising its high-sugar products, and remove them from our nation’s schools," said Ruskin. "This is just another attempt by a major junk food corporation to obfuscate its responsibility in the epidemic of obesity and diabetes in the United States."
Another public interest group, the Corporate Crime Reporter (CCR), recently published an interview with Richard Kahn, the ADA's chief medical and scientific officer. CCR asked Kahn, "Why exactly is the ADA taking money from big corporate donors, including junk food pushers?" Kahn revealed that the association's so-called "multi-million dollar" alliance was actually only slightly more than one million dollars. In exchange for that sum of money, Cadbury-Schweppes can put the ADA's label on all of its diet soda products. According to Kahn, however, CSAB cannot use the association's logo on any product not nutritionally approved by the ADA, nor on any product specifically marketed toward diabetics.
Despite the terms of the alliance, in a press release posted on www.beverageworld.com, CSAB Senior Vice President of Marketing Jim Trebilcock implied that products with the ADA logo will be marketed toward diabetics. "I acknowledge that it is a little bit of a tricky dance here, given that we also sell sugared beverages," says Trebilcock, "but it's about communicating the choice. And it's also really about doing the right thing. And the right thing is we do offer products that are great for diabetic patients or people who are overweight and we want to get that message out, but done in a way that contributes to an overall solution."
When CCR asked Khan why ADA takes money from food companies at all, he replied, "If we want to prevent diabetes, reduce the prevalence of obesity, help find the cure for diabetes, we have to get funds from someplace." Khan further added that the ADA was not promoting any of CSAB's products, including those carrying ADA's logo. It seems possible, however, that the public might be misled to believe that ADA does in fact promote products carrying its logo, such as common Schweppes' diet beverages Diet Dr. Pepper, Diet Snapple and Diet Rite.
Perhaps the most disturbing aspect of this alliance is the evident change in the ADA's stance on obvious diabetes-promoting substances such as sugar. The strong connection between sugar and diabetes has been commonly accepted among the medical public. However, when CCR stated that sugar is connected to diabetes, Khan quickly denied the link, saying, "What is the evidence that sugar itself has anything to do with diabetes? There is no evidence. There is not a shred of evidence that sugar, per se, has anything to do with getting diabetes."
The ADA's website even features supposedly safe ways for diabetics to consume sugar on its "Sweeteners and Desserts" page. "If you have diabetes, that doesn’t mean you can’t eat sweets. People with diabetes can eat desserts, use sweeteners, and still keep their blood glucose (sugar) levels in their target range," the site reads. "In the past, people with diabetes were warned to avoid sugar. Experts believed eating sugar would rapidly increase blood glucose, resulting in levels that were too high. Some people even thought eating sugar caused diabetes, an idea that we know now isn’t true. Research has shown that sugar has the same effect on blood glucose levels as other carbohydrates."
Khan's statements denying that sugar can cause diabetes came in the same week that the Journal of Pediatrics published a study blaming much of childhood obesity and type 2 diabetes on over-consumption of sugary sodas. The study found that sugared sodas contribute about 20 teaspoons of sugar per day to the diets of American teenagers.
Although he did not state that sugar is connected to diabetes, Khan did admit that weight is connected to diabetes. Khan said that calories (not sugar) are connected to the disease, and that weight is simply a measure of calories in and calories out. According to Khan, whether those calories come from sugar, fat or protein is unimportant. If more calories go in than come out, obesity will occur, which can lead to the onset of type 2 diabetes.
Throughout the interview, whenever CCR made a connection between sugar, or sugary soda, and diabetes, Khan quickly mentioned a different, equally bad or even worse food for diabetics than sugar or soda, referring to foods such as bacon cheeseburgers or doughnuts. Khan also repeatedly pressed the idea that the ADA only approved of diet and sugar-free foods and drinks, such as CSAB's diet sodas, which contain aspartame, a substance highly debated for its safety. When CCR asked for the ADA's official position on the safety of aspartame, Khan replied, "I don’t think that there is any artificial sweetener on the market that has been shown to be unsafe."
Russell L. Blaylock, MD, author of "Health and Nutrition Secrets" disagrees. Dr. Blaylock writes, "Diabetics who drink large amounts of aspartame-sweetened drinks are more likely to go blind. Aspartame is composed of the excitotoxin aspartic acid, methanol (also a known eye toxin) and the amino acid phenylalanine. Given this evidence, then, why do the American Diabetes Association and thousands of doctors encourage their diabetic patients to use aspartame? At least where the American Diabetes Association is concerned, it may have something to do with the fact that the organization has received large monetary contributions from Monsanto, the manufacturer of NutraSweet®!"
This forms an interesting cycle. The ADA gets money from Monsanto and, suddenly, no research can be found on the negative effects of aspartame. Although the ADA website assures readers that sugar is actually safe for diabetics to consume and that there is no research to the contrary, it specifically urges diabetics to replace sugar with artificial sweeteners. "The low-calorie sweeteners in the United States all underwent extensive testing before they were approved," the ADA site reads. "Results showed that low-calorie sweeteners are safe for everyone, including children and pregnant women." Similarly, the ADA has now accepted money from CSAB, and no research can afterwards be found on the negative effects of sugar. While this change in attitude appears suspicious, Khan did admit that type 2 diabetes has become an "epidemic" and that childhood type 2 diabetes is a "serious problem."
According to "Life without Bread" authors Christian B. Allan and Wolfgang Lutz, "Diabetes is currently the only noninfectious disease designated by the World Health Organization as an epidemic. The International Diabetes Federation and the American Diabetes Association estimate that more than 15 million people in the United States and at least 100 million people worldwide have type 2 diabetes."
Diabetes is an epidemic of frightening proportions. What can be done? According to Khan, little to nothing. The ADA publicly supports Senator Ted Kennedy's (D -- Mass.) proposed legislation restricting children's access to junk food during school via vending machines, but Khan said that the ADA would not outright support an additional tax on sodas as Tennessee, Arkansas and West Virginia have already done. According to Khan, the problem of obesity cannot be solved by singling out soda for taxation over other junk foods, such as cheeseburgers and doughnuts.
Although the ADA does not actually support taxing soda, the association does support "considering" taxation. After all, who's to say which foods deserve to be taxed? Khan explained, "Before anyone starts taxing anything, we ought to look at the entire food supply and ask: Can we distinguish good foods from bad foods?" Many scientists seem to believe we can, and they seemed to have unanimously condemned soda to the "bad foods" category.
Perhaps other questions need asking, such as: Why accept money from companies that raise the question of ethics within the ADA? Why should the public trust an organization to designate good nutritional choices when that very same organization makes an alliance with and accepts money from a junk food company? Regarding the financial aspect of this issue, Khan said that only seven percent of the ADA's total budget comes from large corporations. Is seven percent of a $215 million budget worth calling many years of research and public trust into question? Better yet, is the slightly more than a million dollar contribution from CSAB worth it?
The ADA claims that its objective in the partnership with CSAB is to put Cadbury Schweppes' money to use in programs educating the public about diabetes and proper foods; yet, 30 to 40 percent of the ADA's budget already goes to prevention and education programs, according to Khan. Is it worth risking the denigration of ADA's ethical standing for less than two million dollars from CSAB? According to Larry Ellingson, the ADA's Chair of the Board, it is. He says, "CSAB is taking an important step by demonstrating that a company can lend its infrastructure, marketing tools and consumer connections to assist an organization like ADA in extending the reach of its messages. We hope this will serve as a model for other industries."
A model? Ruskin sure hopes that's not the case. In fact, he's disgusted with the ADA's actions enough to elicit a comparison to the phony defenders of the tobacco industry. "Saying that sugar has nothing to do with diabetes is like saying that tobacco has nothing to do with emphysema," said Ruskin. "The American Diabetes Association has been so corrupted that they have sunk to the mentality of ‘tobacco scientists’ who denied the link between tobacco and lung cancer."
The experts speak on sugar and diabetes
In the early 1800s the per capita consumption of sugar (sucrose) was about 12 pounds a year. Today in the United States, the per capita consumption of sugar is more than 150 pounds a year. For every person who consumes only 5 pounds of sugar, there is another who eats 295 pounds annually (Challem et al. 2000).
Disease Prevention And Treatment by Life Extension Foundation, page 662
In countries where people eat a diet low in fat and sugar and high in whole foods such as unrefined grains and fresh fruits and vegetables, diabetes is almost nonexistent. When they move to the U.S., their diabetes risk skyrockets. Tragically, as Western "nutrition free" processed and fast foods such as McDonalds®, and soft drinks such as Coca-Cola® and Pepsi® are introduced to Third World countries, their rates of diabetes are rapidly rising. It is estimated that by the year 2010, some 40 percent of Americans 65 or older will have adult-onset diabetes.
Prescription Alternatives by Earl Mindell RPh PhD and Virginia Hopkins MA, page 405
Refined sugar, and simple sugars (corn syrup, honey, maple syrup, white grape juice concentrate, etc.) in general, place stress on our blood sugar control and other body control mechanisms. When high-sugar foods are eaten alone, blood sugar levels rise quickly, producing a heightened release of insulin. Eating foods high in simple sugars is usually harmful to blood sugar control—especially in hypoglycemics and diabetics. Sugar also has a detrimental effect on mood, premenstrual syndrome, and many other health conditions, especially when combined with caffeine.
Encyclopedia Of Natural Medicine by Michael T Murray MD Joseph L Pizzorno ND, page 54
The glut of sugar can also cause kidney disease, eye problems, and severe nerve damage to the lower limbs and other parts of the body. (People with diabetes account for more than 50 percent of the lower limb amputations performed in the United States each year.)
Alternative Cures by Bill Gottlieb, page 212
White refined sugar, or sucrose, drains your liver, imbalances your adrenal glands, overtaxes your nerves, and depletes your B vitamins. It contributes to allergies, arthritis, premenstrual syndrome, and abnormal hormonal fluctuations in both women and men. It is the root cause of functional hypoglycemia (low blood sugar). It accelerates the onset of adult diabetes (high blood sugar). Perhaps most commonly, by setting up the body's energy level to hit a false peak and then crash back down, it causes chronic fatigue and an unstable metabolism.
Food Swings by Barnet Meltzer MD, page 42
The people who make those awful bottled "natural" fruit drinks and teas aren't going to like this, but it's possible that the steep rise in our consumption of high-fructose corn syrup has contributed to the rise in diabetes by depleting chromium. (As our consumption of high-fructose corn syrup has risen 250 percent in the past 15 years, our rate of diabetes has increased approximately 45 percent in about the same time period.) According to studies done at the Agriculture Department's Human Nutrition Resource Center, fructose consumption causes a drop in chromium, raises LDL "bad" cholesterol and triglycerides, and impairs immune system function.
Prescription Alternatives by Earl Mindell RPh PhD and Virginia Hopkins MA, page 418
When the pancreas becomes exhausted by the constant demand of producing insulin to convert all that sugar into heat and energy, it finally malfunctions and the excess sugar then pollutes the bloodstream. And without sufficient insulin to process glucose, the body is deprived of an essential food and the diabetic remains hungry no matter how much he or she eats. Sugar accumulates in the bloodstream faster than the body can excrete it through the urine, and the victim is literally poisoned. He becomes tired, weak, nauseated, and depressed. Sugar also plays havoc with our teeth. It feeds the bacteria normally present in the mouth, causing them to multiply. This leads to plaque formation, cavities, and gum disease.
Power Aging by Gary Null, page 39
Does sugar contribute to diabetes and coronary heart disease? Dr. John Yudkin, considered one of the world's leading authorities on sugar in the diet, concludes that the trouble sugar causes goes considerably beyond tooth decay and extra pounds. For example, sugar causes irregularities in the insulin response; sugar causes diabeteslike damage to the kidneys; it contributes to degeneration of the retina; it raises blood fat levels; and it increases the stickiness of the blood platelets, a common precursor of heart trouble.
Complete Guide Health Nutrition by Gary Null, page 110
Dr. James Anderson at the University of Kentucky Medical School popularized the high complex carbohydrate, high fiber diet for the treatment of diabetes. With this diet, about 70% of diabetic patients were able to stop insulin and oral diabetic therapy. This program of bread, pasta, fruit, and vegetables works because fat interferes with the action of insulin while high carbohydrate foods intensify the action of insulin. Beans seem to be particularly effective in this diet. The carbohydrates used must be natural. Whole-wheat flour is good; white flour is bad.
A Physicians Guide To Natural Health Products That Work By James Howenstine MD, page 113
You might think that replacing white sugar with honey, molasses, and other "healthy" sweeteners is the way to go. Unfortunately, just like refined white sugar, almost all natural sweeteners have a high glycemic index and provoke a sharp glucose release. The one "natural" sweetener that is low on the glycemic index is fructose. However, fructose poses problems of its own, especially for diabetics. It is a primary culprit in glycosylation, the chemical binding of sugars to proteins, which, as I explained in the first chapter, is one of the mechanisms behind the cascade of complications in diabetes.
Reversing diabetes by Julian Whitaker MD, page 125
High sugar intake increases adrenal activity 10-12 times (causing high blood sugar itself). Excess Calorie, fat, and sugar consumption leads to Insulin resistance. An estimated 2/3 of diabetes is from overweight, obesity and high blood sugar leading to fewer Insulin receptor sites. Remedial low Calories means less Insulin and more Insulin receptor sites. High blood sugar causes Zinc deficiency, lowered healing. Under stress/Mineral deprivation, the body can catabolize up to 50% of its own Protein tissues for breakdown to sugars. High blood sugar with acidosis from deficiency of intrinsic Insulin causes deposits in blood vessels precursing Brain stroke and/or heart attack; and is usually accompanied by hepatic/liver disease that prevents Protein assimilation in the liver, assimilable forms of Amino acids, and Insulin-building Amino acids in the pancreas.
Anti-Aging Manual by Joseph B Marion, page 243
As your blood sugar rises, all sorts of things can go wrong with your body. But many of these complications take years to develop. High blood sugar makes your blood sticky, and this stickiness can trigger many biochemical changes. Most notably, it increases the number of free radicals, unstable oxygen molecules that damage your blood vessels and clog them with cholesterol-rich deposits. This process, called atherosclerosis, sets the stage for heart disease, kidney failure, eye problems, and a nervous-system condition called diabetic neuropathy.
Blended Medicine by Michael Castleman, page 11
Chromium is so important in helping glucose travel from the bloodstream to the cells that adequate amounts may really help your condition if you suffer from hypoglycemia or diabetes. In fact, there is evidence that one contributing factor in the development of a blood sugar disorder is an imbalance or malfunction of your chromium-insulin mechanism. If you suffer from hypoglycemia, your problem is that you produce too much insulin, with a corresponding quick drop in blood sugar. Perhaps your body is responding to a diet of refined carbohydrates (sugar and white flour), which do not supply enough chromium for proper metabolism. If you have eaten such nonfoods for a long time, your pancreas may simply be worn out from overproducing insulin to cope with them, and at the same time your stores of chromium may be depleted. The end result may be that your pancreas has exhausted itself trying to keep up with your diet, and can no longer produce insulin at all. You may then find yourself at the next stage of blood sugar disorder: diabetes.
Complete Guide to Health Nutrition by Gary Null, page 397
An article in Science magazine reported that the greatest cause of cataracts is the body's inability to cope with food sugars. The worst offender is lactose, followed by refined white sugar. Simple sugars include: table sugar and corn syrup (sucrose), honey (glucose), milk sugar (lactose), fruit sugar (fructose), and xylose, the sugar-like substance often used to sweeten "sugar-free" diabetic candies, chewing gum, and cookies. Recommendation: Sharply reduce or even eliminate your intake of sucrose and xylose products. Let the dietary sugars you do eat come mainly from fresh fruit and dairy sources, keeping the total amount of even these sugars at 30% to 50% of your daily carbohydrate intake.
Doctors Complete Guide Vitamins Minerals by Mary D Eades MD, page 244
Any substance that can do the bodily harm that sugar can do is obviously capable of contributing to the progress of major degenerative diseases, too. For example, sugar alters both the blood sugar levels and the body's normal response to insulin. These two changes are commonly observed in victims of maturity onset diabetes.
Complete Guide to Health Nutrition by Gary Null, page 108
White refined sugar is also a culprit in everything from common colds and flu, bronchitis, sinus infections, and digestive difficulties to breast cancer, Alzheimer's disease, and Candida. By weakening the immune system, it increases the risk of degenerative illnesses and infections. In addition to imbalancing the pancreas and liver, it also attacks the central nervous system. It kills brain cells. Avoid this vicious anti-nutrient in all its guises: candies, chocolates, cake, ice cream, donuts, pastries, jams and jellies, and artificial sweeteners such as mannitol, saccharin, Equal™, and Nutrasweet™. And watch out for the refined white sugar present in brown sugar, turbinado sugar, and high-fructose corn syrup.
Food Swings by Barnet Meltzer MD, page 46
Therefore any overconsumption of sugar—above all other things—is very likely to precipitate not only diabetes in the first place, but the still more dreadful coronary thrombosis in the second.
Complete Guide to Health Nutrition by Gary Null, page 107
As your blood sugar levels increase, all sorts of things go wrong in your body. Basically, all that extra sugar gums up your blood vessels, setting the stage for the major complications of type 2 diabetes: heart disease, stroke, eye problems (including blindness), kidney failure, nervous system impairment, and wound infections or ulcers (often requiring foot or leg amputation).
Anti-Aging Prescriptions by James Duke PhD, page 342
Sugar-sweetened soft drinks and confections are not permissible for prediabetic or diabetic patients, but the alternative, artificially sweetened beverages and foodstuffs, may not be either. Allegations have implicated aspartame as a potential risk factor for several disorders, although this remains a controversial issue. Many artificial sweeteners (marketed as a sugar substitute) may actually contain sugar, masquerading as dextrose and maltodextrin.
Disease Prevention And Treatment by Life Extension Foundation, page 663
Caffeine raises blood sugar levels and disrupts the blood sugar-regulating effect of insulin. In fact, high-dose caffeine administration (the equivalent of six cups of coffee) has been shown to produce transient insulin resistance that is very similar to Type II diabetes.
Caffeine Blues By Stephen Cherniske MS, page 199
High levels of glucose or other sugars in the blood frequently damage the eyes, leading to cataracts or damage to the retinas. Damage to the kidneys or nerves is common in those with diabetes, and the risk of heart disease is much higher.
The Omega Solution by Jonathan Goodman ND, page 164
The obese diabetic may first notice strange things happening to his or her feet; they may tingle, or they may be numb. When they are bruised or scratched, they may take a long time to heal. This is because excess sugar in the blood has damaged vital nerve endings and, in the worst case, caused atherosclerosis, leading to reduced blood flow to the limbs. The consequent numbness can mask a severe injury, which can become infected, eventually leading to gangrene and amputation.
Fat Land by Greg Critser, page 141
The average American consumes about 150 pounds of sugar each year. This accounts for 550 to 650 calories a day, or almost three pounds per week. In 2001, Americans spent $21 billion on candy alone—more than the gross national products of Lithuania, Costa Rica, and Mozambique combined, according to the Tufts University Health and Nutrition Letter. The empty calories in sugar contribute directly to overweight, diabetes, tooth decay, and overall poor health. One in twenty of the world's adult population now has some form of diabetes, a disease associated with obesity, poor eating habits, and a sedentary lifestyle. More than half of American adults are overweight. The U.S. Centers for Disease Control and Prevention (CDC) relates that the incidence of type 2 diabetes (formerly known as adult-onset diabetes) has risen by 33 percent in the past decade and three out of every fifty American adults currently have this diet-related condition. Complications related to diabetes are the sixth leading cause of death in the United States.
Prescription For Dietary Wellness by Phyllis A Balch, page 205
People who are hypoglycemic or diabetic shouldn't risk the blood sugar swings that caffeine causes. Decaf can still affect a sensitive person's blood sugar levels. Diabetics can run a simple experiment on themselves by testing their blood sugar before and after a cup of decaf coffee and watching the blood sugar rise then fall within several hours. Hypoglycemics need only to observe their energy levels dip one to two hours after drinking decaf to realize that no coffee is the best choice for them.
Caffeine Blues By Stephen Cherniske MS, page 305
After eating sugary low-fiber foods like doughnuts in the morning, there is a reactive low blood sugar phenomenon later in the day, often experienced as the afternoon "slump." Fiber foods, on the other hand, help stabilize blood sugar by slowing down the release of sugars and insulin. This reduces the highs and lows of sugars and insulin. In this way, fiber foods protect against risk factors for diabetes, and help maintain optimal energy throughout the day.
Healthy Digestion the Natural Way by Dr Lindsey Berkson, page 25
Diabetes was a very rare illness in the United States in 1880, with only 2.8 persons out of every 100,000 having diabetes. Now at least 10% of the populace has diabetes and when you look for early signs of diabetes (hyperinsulinemia) that number is certain to be much higher.
A Physicians Guide To Natural Health Products That Work By James Howenstine MD, page 96
People with diabetes who take chromium should be under medical supervision, since their insulin dosage may need to be reduced as blood sugar drops.
Healing With Vitamins by Alice Feinstein, page 30
Refined sugar, because so many nutrients are removed from it, is believed to be more likely to produce diabetes than unrefined sugarcane, which is rich in the glucose tolerance factor, chromium. Investigators tell us that even though the South African diet is rich in raw sugarcane, diabetes is rare among the workers who cut and eat it daily. This may also be due to the fact that the sugar is eaten in its high-fiber natural state, or that these workers are exercising strenuously each day.
Complete Guide Health Nutrition by Gary Null, page 123
Bleached white flour: Not only have the bran and germ been stripped away, but bleached flour also contains a substance from the flour bleach (alloxan) which causes diabetes in animals. Unbleached white flour should also be avoided since it is stripped of essential nutrients.
The Enzyme Cure by Lita Lee with Lisa Turner & Burton Goldberg, page 123
Fructose is a highly reactive molecule that readily attaches to proteins, changing their structure and interfering with their normal activity. Studies show that fructose accelerates glycosylation, damaging proteins to a significantly greater degree than sucrose or glucose." Yet we consume this harmful sweetener like it is going out of style. In a highly processed form (high-fructose corn syrup), it is the primary ingredient in soft drinks, sales of which have gone through the roof in recent years. More than 25 percent of the beverages Americans consume are sodas. In 1997 Americans purchased 14 billion gallons of "liquid candy"—more than 576 12-ounce servings per person per year!
Reversing diabetes by Julian Whitaker MD, page 125
There is no doubt that the refined oils, hydrogenated fats, and a severe lack of the Omega 3 fatty acids are contributing to our diabetes epidemic. The control of blood sugar depends on adequate amounts of the minerals zinc, chromium, vanadium, and magnesium, which are lacking in the foods grown in soil treated with Phosphorus, Nitrogen, and Potassium fertilizer used by most farmers. We are being poisoned by pesticides, lack of essential fatty acids, toxic trans fat isomers and toxic additives. Diabetics have the additional problem that they are losing large quantities of minerals and vitamins in their urine whenever their blood sugars are elevated.
A Physicians Guide To Natural Health Products That Work By James Howenstine MD, page 100
Studies have shown that people who exercise cut their risk of developing Type 2 diabetes by 24 percent. That's because exercise is insulin's best friend: It lends a helping hand, moving sugar out of the bloodstream and into the cells.
Alternative Cures by Bill Gottlieb, page 212
Alcohol, caffeine and fruit juices have the same affect on the glucose. We caution all diabetics to avoid not only sugar, but caffeine as well. One cup of coffee can elevate the glucose level enough to need three units of insulin to counteract it.
It's All In Your Head By Hal A Huggins DDS, page 84
Fat, especially saturated fat, may be as dangerous for diabetics as sugar. Frequent small meals and the use of olive oil instead of butter or cheese may help control blood-sugar and cholesterol levels. Type I diabetics must coordinate the timing of meals with insulin administration.
Graedons Best Medicine by Joe Graedon & Dr Terasa Graedon, page 318
Diabetes is all about sugar—the sugar in our bodies known as blood sugar or blood glucose. Every cell in our bodies must have a constant source of glucose in order to fuel metabolism. Our cells use glucose to power processes such as growth and repair. When we eat a meal the digestive system converts much of our food into glucose which is released into the bloodstream. The hormone insulin, which is secreted by the pancreas gland, moves glucose from the blood and funnels it into the cells so it can be used as fuel. If the cells are unable to get adequate amounts of glucose, they can literally starve to death. As they do, tissues and organs begin to degenerate. This is what happens in diabetes.
Healing Miracles of Coconut Oil by Bruce Fife ND, page 109
Fructose is a natural monosaccharide that occurs in fruits and honey. In whole fruit, it is an excellent energy source. Pure fructose may be derived from fruit, but this is not financially expedient. Commercial fructose is available in either liquid or crystal form. Liquid fructose is made by splitting the two components of corn syrup. High-fructose corn syrup may contain as much as 55 percent-sucrose and (diabetics, please note) it requires insulin for its metabolism. Crystalline fructose is made from intensely refined cane and beet sugar.
New Whole Foods Encyclopedia by Rebecca Wood, page 136
Sugar is another dietary disaster.. In addition to causing dental caries [cavities], depressing the immune system, and providing a lot of empty calories that contribute to weight gain, sugar has other detrimental effects, especially for diabetics.
Miracle Of Stevia by James A May, page 226
When you eat starch, sugar, or protein, your body breaks down and absorbs the nutrients in the food, and your blood sugar rises. This rise in blood sugar signals your pancreas to produce and release insulin, the hormone that acts to return your blood sugar to normal by driving it into the tissues to be used or stored. In some people, the rise in blood sugar stimulates the release of too much insulin, which drives too much blood sugar into the tissues, leaving the level in the blood too low. In medicine, we call this condition hypoglycemia. When the blood sugar swings wildly, first hurtling upward then plummeting too low, you may suffer symptoms of nausea, clammy sweats, dizziness, muscle cramping, and even fainting. We refer to these unpleasant symptoms accompanying the falling blood sugar level as "reactive" hypoglycemia. Symptoms come not from the low level itself but from the rapid change. A stable low blood sugar— one that's low but is always about the same degree of low—rarely causes symptoms. People with overactive insulin and reactive hypoglycemia often develop adult-onset diabetes mellitus
Doctors Complete Guide Vitamins Minerals by Mary D Eades MD, page 382
People with diabetes should eat at least three meals a day at regular intervals to keep their blood sugar levels within normal range. Meals and snacks that combine carbohydrates with proteins or fats will have the longest-lasting effects on blood sugar levels because protein and fat take longer to raise blood sugar than carbohydrates do.
Foods That Fight Disease by Laurie Deutsch Mozian MS RD, page 47
In fact, U.S. government statistics for this time period clearly demonstrate that along with the dramatic decrease in dietary fat intake (from forty percent to thirty-three percent of our caloric intake) there was also a dramatic increase in the intake of refined carbohydrates, not only sugar but white flour. There is no doubt in my mind that this increase in refined carbohydrates has been spurred by the media attention given to the Food Guide Pyramid, created by the U.S. Department of Agriculture, which made six to eleven daily servings of these wheat derivatives the basis of the pyramid. I believe that the Food Guide Pyramid's recommendations have directly contributed to the twin epidemics of obesity and diabetes we now face in this country.
Dr Atkins New Diet Revolution by Robert C Atkins MD, page 13
For diabetics, excess sugar becomes a toxin in the system clogging up the respiration of cells and preventing the kidney from doing its job.
Building Wellness with DMG by Roger V Kendall PhD, page 136
Excess sugar consumption can suppress the immune system; upset the body's mineral balance; produce an acidic stomach; and cause hyperactivity, anxiety, concentration difficulties, and heart disease (by raising insulin levels), as well as fatigue, weight gain, depression, and arthritis. According to Nancy Appleton, Ph.D., author of Lick the Sugar Habit (Avery/Penguin Putnam, 1996), there are seventy-eight metabolic consequences to eating sugar. Dietary sugars feed harmful intestinal yeasts, toxic organisms, fungi, and all forms of cellular cancer. Bill Misner Ph.D., sports nutritionist and author, has said, "Because sugar is devoid of vitamins, minerals, fiber, and has such a deteriorating effect on the endocrine system, major researchers and major health organizations (American Dietetic Association and American diabetic Association) agree that sugar consumption in America is one of the three major causes of degenerative disease." The rise in type 2 diabetes cases in young people is so great that experts are calling it an "emerging epidemic."
Prescription For Dietary Wellness by Phyllis A Balch, page 205
In the early stage of this illness, high levels of insulin are a warning that eventually high blood sugars will appear. Elevated cholesterol and triglyceride values, obesity, hypertension, and the clinical appearance of vascular damage are all clues that point toward a pre-diabetic state.
A Physicians Guide To Natural Health Products That Work By James Howenstine MD, page 105
The risk of diabetes, heart disease, stroke, and cancer can be reduced through the simple act of substituting whole grains for refined grains. Refined foods such as white flour and white rice are stripped of the fiber and nutrients that whole grains still possess. The first word on the label must be whole—don't be fooled by artificial brown or caramel coloring.
Prescription For Dietary Wellness by Phyllis A Balch, page 108
Man-refined sugar is eight times as concentrated as flour, and eight times as unnatural—perhaps eight times as dangerous. It is the unnaturalness that deceives the tongue and appetite, leading to overconsumption. Who would eat 5 pounds of sugar beets a day? Yet the equivalent in refined sugar is a mere 5 ounces.
Sugar Blues by William Dufiy, page 217
Studies have shown that biotin supplementation can be helpful for improving blood-sugar control in both Type 1 and Type 2 diabetes.
Natural Physicians Healing Therapies by Mark Stengler ND, page 58
The human body was not designed to handle the amount of refined sugar, salt, saturated fats, and other harmful food compounds that many people in the United States and other Western countries feed it. The result is that a metabolic syndrome emerges: elevated insulin levels, obesity, elevated blood cholesterol and triglyceride levels, and high blood pressure.
Encyclopedia Of Natural Medicine by Michael T Murray MD Joseph L Pizzorno ND, page 554
Convincing evidence shows how large amounts of refined and concentrated sugars overwork the pancreas, causing wide swings in blood sugar levels.
Bartrams Encyclopedia of Herbal Medicine by Thomas Bartram, page 241
Yudkin tells us that the kidney is damaged identically by either a high sugar intake or by inducing a diabetic state. We know this because laboratory experiments using rodents have accomplished that astonishing result. These alterations were actually seen by routine biopsy as well as by microscopic and electron-microscopic methods.
Complete Guide Health Nutrition by Gary Null, page 108
Coronary disease has heretofore been regarded as a "complication" of diabetes. Both coronary disease and diabetes have a common cause: White sugar and white flour.
Sugar Blues by William Dufiy, page 218
Type II diabetes usually occurs after the age of forty-five, frequently in overweight people, and ranges in severity from mere insulin resistance to insulin dependence. Occasionally, children are diagnosed with type II diabetes. It frequently can be controlled with diet and exercise. It is diagnosed when two consecutive blood tests taken while fasting reveal that the level of blood sugar is 126 mg/dl (milligrams per deciliter) or higher.
Foods That Fight Disease by Laurie Deutsch Mozian MS RD, page 143
Many of us have heard that if sugar were to attempt now to pass the FDA approval process it would not be approved. The March 1993 issue of the TOWNSEND LETTER FOR DOCTORS gives us an idea as to why this is so. They give a list of ways in which sugar is known to be harmful. The reactions they list are: immune system suppression; mineral imbalance; hyperactivity; rise in triglycerides; reduces defenses against infection; reduces high density lipoproteins; chromium an copper deficiency; cancer of the breast, ovaries, intestines, prostate and rectum; increases fasting levels of glucose and insulin; interferes with absorption of calcium and magnesium; weakens eyesight; raises serotonin; causes hypoglycemia; produces stomach over-acidity; increases adrenalin levels; produces anxiety, irritability and difficulty concentrating; aging; alcoholism; tooth decay; obesity; contributes to duodenal and gastric ulcers; arthritis; asthma; Candida albicans (yeast infections); gallstones; heart disease; appendicitis; multiple sclerosis; hemorrhoids; varicose veins; elevates glucose and insulin responses in conjunction with the use of contraceptives; periodontal disease; osteoporosis; decrease in insulin sensitivity and glucose tolerance; decrease in growth hormone; increases cholesterol and systolic blood pressure; drowsiness and decreased activity; migraine headaches; food allergies; contributes to diabetes; toxemia during pregnancy; eczema, and it interferes with protein absorption.
PROZAC Panacea or Pandora by Ann Blake Tracy PhD, page 327
There is some evidence that a high consumption of sugar-sweetened foods may lead not only to impotence and premature ejaculation, but to unrealistic sexual attitudes and expectations, strong urges, strange fantasies, and even crimes of sexual violence.
Food And Healing by Anne Marie Colbin, page 300
90 percent of Type II diabetics [are] obese. Even in nondiabetic individuals, large body-fat gains often result in carbohydrate intolerance, higher blood insulin, and insulin insensitivity in body tissues. Progressive insulin insensitivity is now thought to be the main factor in the development of this most common type of diabetes. Many obese diabetics are able to restore normal blood sugar levels simply by achieving ideal body-fat level.
Herbal Defense by Ralph T Golan ND, page 25
The whole problem of sugar was compounded by the low-fat messages we were wrongly bombarded with during the 1980s and 1990s. To make a low-fat product taste good, manufacturers add lots of sugar. Now, in the United States, the aisles in the supermarket are crammed with low-fat or diet cookies and crackers, ice cream, frozen cakes and pies, soft drinks and white bread filled with sugar. The United States has "low-fatted" and "dieted" itself to a raging epidemic of obesity and diabetes.
Dr Atkins New Diet Revolution by Robert C Atkins MD, page 23
Type 2 diabetes is strongly associated with a lack of exercise and a poor diet—one that's low in fiber and high in sugar, fat, and animal products. It develops slowly, usually over several years, and rarely produces dramatic symptoms. For this reason, many people with type 2 diabetes have no idea that they are sick. In fact, the American diabetes Association (ADA) estimates that only half of Americans with type 2 diabetes have been diagnosed.
Blended Medicine by Michael Castleman, page 232
Although no recommended dietary allowance (RDA) has been established for chromium, at least 200 mg each day appears necessary for optimal sugar regulation. Chromium levels can be depleted by consuming refined sugars or white flour products, and by lack of exercise.
Encyclopedia Of Natural Medicine by Michael T Murray MD Joseph L Pizzorno ND, page 418
Nearly 15 million Americans have to contend with this condition. Excess sugar in the blood damages the arteries and veins and can lead to fatal heart disease and stroke. (The death rate for middle-aged people with Type 2 diabetes is twice that of middle-aged people who do not have it.)
Alternative Cures by Bill Gottlieb, page 212
Excessive consumption of sugar has recently been identified by some researchers as the single most important dietary risk factor for heart disease in women.
Reversing diabetes by Julian Whitaker MD, page 124
...the pesticides and chemicals sprayed on cane and beet sugar and the chemical bleaching process used to make "white" sugar are potentially hazardous; we are not advised about this on sugar packages or food labels.
Staying Healthy With Nutrition by Elson M Haas MD, page 463
Avoid fats, cholesterol, and sugar and keep your weight down to help prevent diabetes, which affects the heart.
Heart Disease by Burton Goldberg, page 242
The high blood sugar levels that characterize diabetes need to be controlled and kept within normal limits to reduce the long-term complications of chronic high blood sugar—premature cardiovascular disease, kidney disease, and vision problems.
Foods That Fight Disease by Laurie Deutsch Mozian MS RD, page 144
The ability to maintain normal blood sugar levels is jeopardized by the lack of chromium in our soil and water supply and by a diet high in refined white sugar, flour, and junk foods.
Prescription For Nutritional Healing by Phyllis A Balch CNC and James F Balch MD, page 27
Adult-onset diabetes is a severe imbalance of this system. It is the common form of the disease, correlated with overweight and inactivity, the result not of decreased production of insulin but of increased resistance to its effects.
8 Weeks To Optimum Health By Andrew Weil MD, page 237
One of the most valuable aspects of buckwheat is its ability to help control blood sugar levels in people with adult-onset diabetes, the most common form of the disease.
New Foods For Healing by Selene Yeager, page 96
In our experience, almost everyone benefits from carbohydrate restriction, even if they have had Type 2 diabetes for years and are taking drugs to lower their glucose levels.
Life Without Bread by Christian B Allan PhD and Wolfgang Lutz MD, page 47
Diets high in simple sugars such as glucose and fructose rob the body of chromium, while those high in complex carbohydrates such as pasta preserve it.
Food Additives by Ruth Winter MS, page 124
Excessive sugar consumption is believed to be involved in a host of very common problems: hypoglycemia or hyperinsulinism, diabetes, heart disease, dental caries, high cholesterol [and] obesity.
Food And Healing by Anne Marie Colbin, page 190
Sugar has no nutritional value and is directly harmful to your health. Despite vociferous attempts to defend it, there are studies that clearly show how harmful (and even deadly in the case of diabetics) its effects can be.
Dr Atkins New Diet Revolution by Robert C Atkins MD, page 23
When people have diabetes, either they're not making enough insulin to get the glucose into the cells, or the insulin fails to "unlock" the cell and let the sugar enter. Why wouldn't the insulin be able to "unlock" the cell? The most common culprit is obesity. When too many fat cells crowd in next to other cells, they can block the area where the insulin "key" is supposed to fit. Then the "key" can't get to the lock, so even if plenty of glucose is available, the cell can't get it.
Green Tea by Nadine Taylor MS RD, page 63
REVIEW TYPE
All content posted on this site is commentary or opinion and is protected under Free Speech. Truth Publishing LLC takes sole responsibility for all content. Truth Publishing sells no hard products and earns no money from the recommendation of products. Newstarget.com is presented for educational and commentary purposes only and should not be construed as professional advice from any licensed practitioner. Truth Publishing assumes no responsibility for the use or misuse of this material. For the full terms of usage of this material, visit www.NewsTarget.com/terms.shtml
MILK INDUSTRY ACT
Definitions
1 In this Act:
"analyst" means any analyst appointed by the government of Canada or by the government of British Columbia and having authority to make analyses for any public purpose;
"board" means the British Columbia Milk Marketing Board established under section 10 of the Natural Products Marketing (BC) Act;
"cattle" means cows and goats;
"dairy farm" means a place where cattle are kept for milking;
"dairy farmer" means the owner or occupier of a dairy farm, and includes the manager or other person in charge of a dairy farm;
"dairy plant" includes every place or building
(a) where milk is received from dairy farmers, or
(b) where dairy products are processed, manufactured or pasteurized, unless the processing, manufacture or pasteurization consists only of
(i) the incidental manufacture of butter or cheese by a dairy farmer from milk produced only on the farmer's dairy farm, or
(ii) the operation and use of any freezing device in a retail store by means of which ice cream mix, purchased from a licensed manufacturer of the mix, is frozen;
"dairy plant personnel" means persons engaged in specific duties in relation to dairy products for the performance of which licences are required under standards and qualifications established by regulation;
"dairy product" means milk, butter, cheese, condensed milk, evaporated milk, milk powder, dry milk, ice cream, malted milk, sherbet or any other product manufactured wholly or mainly from milk;
"inspector" means any inspector under this Act;
"jobber" means any person who regularly distributes milk, and who obtains milk packaged, ready for distribution, from any vendor, but does not include any person who sells milk at retail in any store;
"licence" includes a renewal of a licence;
"manufactured milk product" means a dairy product other than milk in fluid form;
"marketing" means buying, selling, shipping for sale or offering for sale;
"milk" means milk obtained from cattle, and includes cream;
"milk in fluid form" means raw or pasteurized fresh milk, and includes sterile milk or milk specially treated to achieve extended keeping quality or the appearance of freshness that is sold, offered for sale or supplied for the same use or in semblance of fresh milk, but does not include reconstituted milk;
"package" means a receptacle or covering used for packing, wrapping, containing or covering milk or a manufactured milk product;
"pasteurized", in relation to dairy products, means the treatment for the purpose of the destruction of harmful bacteria as provided for by regulation;
"processor" means a person who acquires milk in fluid form and processes it into a manufactured milk product;
"producer" means any dairy farmer who produces milk;
"producer vendor" means any person who distributes milk produced by his or her own cattle, but does not include a partnership, corporation or cooperative association owning or controlling more than 2 dairy farms on which qualifying milk is produced;
"qualified producer" means a producer who produces qualifying milk;
"qualifying milk" means milk that
(a) is produced on an approved fluid milk dairy farm or an approved raw milk dairy farm certified as such, and
(b) meets the standards for such milk prescribed by regulation under this Act;
"raw milk" means milk that has not been pasteurized;
"reconstituted milk" means milk remade or compounded in a manner provided for by regulation;
"vendor" means any person dealing in milk, whether by purchase or sale or on the basis of delivery on consignment for sale, and includes
(a) agents for producers and cooperative associations, if the agents and cooperative associations sell and distribute milk produced by their principals or by the members of the associations, and
(b) a jobber, a producer vendor and a processor,
but does not include a producer as such.
Application of Act
2 This Act applies to all vendors, whether cooperative associations or not, despite the Cooperative Association Act, or any other Act, or the terms of any contracts between producers and vendors.
General farm requirements
3 (1) A dairy farmer must, in accordance with standards set by regulations under this Act,
(a) maintain on the farmer's farm suitable milk houses, housing for cattle, a sufficient supply of pure water, facilities for providing a sufficient supply of hot water and sufficient facilities for cooling milk, and
(b) use safe and clean methods of production.
(2) A dairy farmer must not deliver or sell milk from any cattle that is suffering from any disease.
Certification of approved farms
4 (1) On proof of compliance by a dairy farmer with this Act and the regulations, the Animal Contagious Diseases Act (Canada), the Animal Disease Control Act, and the regulations under those Acts, an inspector may issue to the dairy farmer a certificate setting out that the farm is an approved dairy farm for the purpose stated in the certificate.
(2) The certificate of an inspector is conclusive evidence that the dairy farm is approved for the purpose stated in the certificate.
(3) A dairy farmer who owns, occupies, manages or is in charge of a dairy farm certified under subsection (1) must comply with the standards established by regulation.
No sale of milk except from approved farms
5 A person must not sell, offer for sale or supply milk unless the dairy farmer of the dairy farm on which the milk is produced holds a subsisting certificate under section 4.
No sale of dairy products unless pasteurized
6 (1) A person must not sell, offer for sale or supply any dairy product unless the dairy product has been pasteurized in accordance with this Act and the regulations.
(2) Subsection (1) does not apply to cheese sold or offered for sale in compliance with the Food and Drugs Act (Canada).
(3) Dairy products are deemed to be for sale if
(a) contained in closed retail packages on the premises or the delivery truck of a vendor or producer vendor or in a retail store, unless conspicuously labelled "not for sale",
(b) delivered or shipped to a vendor in cans, or
(c) held in a farm holding tank in a milk house on a dairy farm where milk is regularly collected by means of a tank truck, unless it is conspicuously labelled "not for sale".
Inspectors
7 (1) There must be in the ministry an adequate staff of inspectors with the powers and duties under the Animal Disease Control Act and under this Act assigned to them by the minister.
(2) As many of the inspectors as the minister considers advisable must be veterinary surgeons.
(3) The minister may designate other persons as inspectors under this Act, and the designation may be in general terms or for any particular case.
Sale of pasteurized milk
8 (1) Except in accordance with a subsisting permit issued by the minister, a person must not sell, offer for sale or supply pasteurized milk in fluid form unless
(a) all the milk
(i) was pasteurized in a dairy plant holding a subsisting dairy plant licence issued under this Act, and
(ii) was produced on dairy farms in accordance with section 5, or
(b) all the milk is pasteurized or processed in a dairy plant and produced on a dairy farm where
(i) standards of operation, construction, maintenance and sanitary control, and
(ii) the compositional and bacteriological standards of the milk produced from the farm and plant
are considered by the minister or the minister's authorized representative to be the equivalent of standards required under this Act and the regulations.
(2) The minister may
(a) issue permits for the sale, offering for sale, and supply of pasteurized milk in fluid form,
(b) set out in a permit whatever directions or conditions the minister considers advisable, and
(c) suspend or cancel any permit.
Appointment of inspectors
9 (1) The council of each municipality may appoint a municipal inspector or municipal inspectors for the enforcement of section 10.
(2) A municipal inspector may exercise the powers of an inspector conferred by this Act only for the enforcement of section 10.
Persons suffering from disease
10 (1) A person suffering from or recovering from or who has knowingly been exposed to any infectious or contagious disease must not, within a time prescribed by the regulations under the Health Act, work or assist on or in any dairy farm or any premises where any milk, reconstituted milk or manufactured milk products is or are obtained, produced, handled, supplied, offered for sale or sold.
(2) An owner, occupier, manager or person in charge of any dairy farm or premises described in subsection (1) must not knowingly permit any person suffering or recovering from or who has been exposed to any infectious or contagious disease within the prescribed time, to work or assist in any manner forbidden by this section.
(3) A municipal inspector appointed under this Act or a medical health officer may prohibit the sale of milk, reconstituted milk or manufactured milk products obtained, produced, handled, supplied, offered for sale or sold on or from any farm or any premises in which any person works or assists contrary to this section.
Cleanliness
11 (1) For the purpose of subsections (2) and (3), "milk house" means any place or building to which milk has been removed after extraction from the cattle.
(2) An unclean person or person in unclean clothing must not at any time be permitted in any milk house where milk is handled or treated.
(3) An animal must not at any time be permitted in any milk house where milk is handled or treated.
(4) Vessels and utensils and parts of them that are used for obtaining, producing, handling or distributing milk, reconstituted milk or manufactured milk products must be thoroughly cleansed before being used for any of those purposes.
Licences
12 (1) In accordance with standards and qualifications established by the regulations, the minister may issue
(a) licences to persons for the operation of dairy plants, and
(b) licences to dairy plant personnel entitling them to be classed as such.
(2) The minister may suspend or cancel licences issued under subsection (1).
Licence required to operate dairy plant
13 A person must not operate a dairy plant unless the person is in possession of a subsisting licence issued to the person under this Act.
Use of terms "certified" and "pasteurized"
14 (1) A vendor must not apply the term "certified" to any milk.
(2) A person must not apply the word "pasteurized" to any dairy product unless it has been pasteurized in accordance with the regulations.
Labels and standards
15 A vendor must not sell, offer for sale or supply a dairy product unless the container of the dairy product is labelled as required by regulation and the dairy product is of the standard prescribed by regulation.
Permits for reconstituted milk
16 (1) A person must not make or compound for sale or sell or supply reconstituted milk without having first secured a permit to do so from the minister.
(2) Except as permitted by a permit issued under subsection (1), a person must not sell, offer for sale or supply reconstituted milk unless each container is clearly labelled with the words "reconstituted milk".
(3) The minister may suspend or cancel a permit issued under subsection (1).
Repasteurization of milk only as permitted by regulation
17 A vendor must not pasteurize milk that has already been pasteurized, except as permitted by regulation under this Act.
Accounts
18 (1) A vendor of milk must deliver or cause to be delivered to the owner of the milk an account of the quantity, value and price.
(2) The account must be made up on the basis prescribed by the regulations.
(3) Subject to orders of the board or regulations under this Act, the value and price must be determined by analysis conducted only by a person or persons authorized by regulation to do the analysis.
(4) The account must be delivered at the time and in the form prescribed by orders of the board or by regulations under this Act.
Entry by inspectors on premises and vehicles
19 (1) An inspector may at any reasonable time
(a) enter the premises of any dairy farm or dairy plant, or of any vendor, producer, wholesaler, retailer, storage company or carrier,
(b) stop any vehicle transporting dairy products,
(c) take and remove samples of the dairy products found,
(d) test or examine or cause the samples to be examined, and
(e) do any other things necessary to determine if this Act and the regulations are being carried out.
(2) A person operating a dairy plant must make correct records, containing information required by regulation, of the milk and cream supplied to the dairy plant.
(3) The records must be kept on the premises of the dairy plant and at all times be open to inspection by the supplier of the milk or cream and an inspector under this Act.
(4) A copy of the records must be made available to the board or to the minister or the minister's duly authorized representative as directed by orders of the board or by regulation.
Visits by inspectors
20 As frequently as necessary, inspectors must visit all dairy farms and dairy plants in British Columbia to see that this Act and the regulations are being carried out.
Prohibition notices by inspectors
21 (1) If an inspector finds
(a) that the premises of any dairy farm, dairy plant, retailer, wholesaler or any vendor's or producer's vehicles are being kept or maintained
(i) contrary to any enactment, or
(ii) in a condition that the inspector considers unfit for the production, manufacture, processing, pasteurizing, handling, transporting or storing of dairy products,
(b) that the methods employed on the premises or vehicles are detrimental to the quality and purity of the dairy products, or
(c) that the dairy products are, in the inspector's opinion, unfit or, by any recognized test the inspector may perform or have performed, found to be unfit to be sold, supplied or offered for sale,
the inspector must give to the owner or person in charge a notice in writing prohibiting him or her from selling, supplying or offering for sale the dairy products.
(2) If an inspector finds equipment that in the inspector's opinion is insanitary or unfit to be used in the production, processing, pasteurizing, manufacturing, storing or transporting of dairy products, the inspector must give notice in writing to the owner or person in charge prohibiting him or her from using the equipment.
(3) An owner or person to whom a notice has been given under this section who contravenes the prohibition contained in the notice commits an offence.
Adulterated or contaminated products
22 A person must not sell, offer for sale or supply a dairy product that is adulterated or contaminated.
Section Repealed
23 [Repealed 1997-9-10.]
Adulterated products
24 (1) [Repealed 1997-9-11.]
(2) Any dairy product found to be adulterated or contaminated may be
(a) seized by an inspector, who may dispose of the dairy products,
(b) denatured by the addition of colouring matter or odorous substance by or at the direction of the inspector, or
(c) ordered by the minister or the minister's authorized representative to be withheld from being sold, offered for sale or supplied for a period of time specified in writing.
(3) [Repealed 1997-9-11.]
Testing
25 (1) If testing is contemplated under section 18, 22 (2) or 24 (3) or by a regulation made under section 40, the minister may designate laboratories to perform any or all of those tests.
(2) A person who is working at a laboratory designated under subsection (1) is deemed to have been approved by the minister for the purposes of sections 18, 22 (2) and 24 (3).
(3) Unless no laboratories are designated, tests contemplated under sections 18, 22 (2), 24 (3) and the regulations must only be done in designated laboratories.
Storing of dairy products
26 Milk and manufactured milk products must be handled and stored so that
(a) the quality of the milk or manufactured milk products will not be impaired, and
(b) odours or flavours from meats, fish, poultry, fruits or other things will not be imparted to the milk or manufactured milk products.
False grade name
27 A person must not sell or offer for sale, advertise for sale or hold in possession for sale any milk or manufactured milk product under a grade name established by the regulations unless the milk or manufactured milk product
(a) conforms to the standards prescribed by the regulations for that grade, or
(b) is graded, packed and marked in accordance with the regulations.
Grade name on ungraded produce
28 A person must not apply to any milk or manufactured milk product that is not graded in accordance with the regulations, or to any package containing milk or a manufactured milk product, or use in association with that milk or manufactured milk product, any grade or other designation so closely resembling a grade name established by the regulations that it is likely to be mistaken for it.
No destruction of grade name
29 Unless authorized in writing by an inspector, a person other than the final purchaser or consumer must not alter, destroy, efface or obliterate any grade name applied to any milk or manufactured milk product or any container for them.
Inspector may seize dairy products or other things
30 (1) Whenever an inspector has reasonable grounds for believing that an offence against this Act or the regulations has been committed, the inspector may seize all milk or manufactured milk products and other things by means of or in relation to which the inspector reasonably believes the offence was committed.
(2) All milk or manufactured milk products or other things seized under subsection (1) may be
(a) removed to a public warehouse and detained until all the provisions of this Act and the regulations with respect to the milk or manufactured milk products have been complied with, or
(b) disposed of by direction of the minister.
Section Repealed
31 [Repealed 1997-9-15.]
Proof of contravention
32 If anyone contravenes a provision of this Act or of the regulations, the person on whose behalf the dairy product is received, graded, tested, pasteurized, processed, manufactured, sold, offered, exposed, had in possession for sale or supplied is deemed to have committed the contravention unless that person proves
(a) that the contravention was not committed by that person, and
(b) that it was not committed by anyone who at the time of the contravention had authority from that person to perform those functions with respect to dairy products.
Certificate as evidence
33 (1) In any prosecution under this Act or the regulations, a certificate as to the grade of any dairy product signed, or purporting to be signed, by an inspector is evidence of the facts stated in the certificate and conclusive evidence of the authority of the person giving or making the certificate without any proof of appointment or signature.
(2) In any prosecution under this Act, a certificate as to the composition of any product or material signed, or purporting to be signed, by an analyst is evidence of the facts stated in the certificate and conclusive evidence of the authority of the person giving or making the certificate without any proof of appointment or signature.
Seized products forfeited
34 (1) If a person is convicted of an offence under this Act or the regulations, the milk or manufactured milk products by means of or in relation to which the offence was committed is, on the conviction, forfeited to the government, and may be disposed of as the minister may direct.
(2) The forfeiture provided for under subsection (1) is in addition to any penalty imposed.
Obstructing inspector
35 (1) Subject to section 36, a person commits an offence if the person obstructs or impedes an inspector under this Act in the performance of any duty imposed on or in the exercise of any power conferred on the inspector by this Act, or any regulation or order made or bylaw passed under this Act.
(2) If an inspector has been obstructed or impeded as outlined in subsection (1), the inspector may call to his or her assistance constables and peace officers, and they may do those things necessary for the execution of the provisions of this Act and the regulations.
(3) In any prosecution under this Act if it appears that the defendant has done any act or has committed any act or omission in respect of which, were the defendant not duly licensed, the defendant would be liable to some penalty under this Act, it is up to the defendant to prove that the defendant is duly licensed.
Evidence of authority
36 An inspector under this Act must, on request, produce to any person whose premises the inspector enters under this Act an authority in writing, showing that the inspector is duly authorized under this Act to enter and inspect the premises or the products on them.
Offences
37 (1) A person who contravenes this Act, any regulation made under it, or any order of the board, commits an offence.
(2) A corporation that commits an offence under subsection (1) is liable on conviction to a penalty of not less than $50 or more than $5 000.
(3) An individual who commits an offence under subsection (1) is liable on conviction to a penalty of not less than $10 or more than $500.
Injunction
38 If the board has reason to believe that there is or will be a contravention of one of its orders, it may apply to the Supreme Court for an injunction restraining a person from contravening the order and, pending final disposition of the action, the court may grant an interim injunction.
Certificate of payment
39 (1) A vendor who
(a) pays a producer of milk the producer price set by the board for qualifying milk, and
(b) produces to the board the books, records and accounts and other proof of payment the board requires,
is entitled to be issued by the board, on request of the vendor, a certificate stating that the vendor has paid all money due by the vendor to the producer under the orders of the board for the qualifying milk supplied by the vendor as specified in the certificate.
(2) Except to the extent that it is proved that the books, records, accounts or other proof of payment provided by the vendor to the board on which the certificate was based do not accurately set out the matters contained in them, the vendor is not liable to the producer for the payment of any further money for the qualifying milk in respect of which the certificate was issued.
Power to make regulations
40 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
(a) establishing standards for approved dairy farms, including, without restriction, standards regarding methods of production;
(b) prescribing the form and content of certificates issued under section 4 and the fees payable for the issue of certificates;
(c) providing for a system of ensuring payment to producers or to other dairy plants by dairy plant licensees for qualifying milk or cream supplied by producers or by other dairy plants to the dairy plant licensee, and in particular
(i) directing every dairy plant licensee, as a condition of the licence, to pay a fee that is related to the receipt, by the dairy plant licensee, of qualifying milk or cream from producers or from other dairy plants,
(ii) providing that the fees paid under subparagraph (i) constitute a fund whose maximum and minimum size must be set by the Lieutenant Governor in Council, who may suspend provision of payments into the fund or may reimpose provision of payments according to the amount of money in the fund,
(iii) providing for procedures for establishing claims against the fund and for payments into and out of the fund,
(iv) providing for how the fund is to be established, managed and operated, and
(v) providing for enforcement of the fee assessment and the manner and frequency of payment of fees;
(d) defining the conditions under which reconstituted milk may be sold;
(e) providing that, in emergency circumstances, compliance with the provisions of section 16 (1) is not required, and defining the conditions under which noncompliance may be permitted;
(f) providing for examinations as to competency of dairy plant personnel, the nature and extent of examinations and standards required for the passing of them, the fees to be paid for them, and prescribing the duties to be performed by the dairy plant personnel;
(g) prescribing the qualifications to entitle dairy plant personnel to licences entitling them to be classed as such, providing for classifying licences in accordance with the qualifications of the applicants and the fees to be paid for licences, and providing for their cancellation;
(h) prescribing the standards and their maintenance for barns, loafing barns, sheds, shelters, milk houses, milking parlours, milking rooms, farm tanks and tank trucks, tank trailers and dairy plants, and the equipment and qualifications of personnel requisite for the operation of them, requiring that milk produced be produced, kept, transported, processed, manufactured and pasteurized by and under sanitary and healthful methods and conditions, and providing for the duties of inspectors in relation to any such matters;
(i) providing for the issue of licences to persons operating dairy plants and the term of the licences and the fees to be paid for them;
(j) covering the matters set out in section 6 as they apply to rural areas to be defined in orders in council as milk pasteurization areas;
(k) providing for the suspension and cancellation of any certificate of approval of any dairy farm, and setting the periods within which and the conditions under which a certificate may be suspended, cancelled and reinstated, and the notices to be given in that respect, and the filing of the notices with the ministry and with the board;
(l) providing for the examination of all cattle, the notices to be sent when they are found to be suffering from general or local diseases, and the steps to be taken to ascertain that the cattle are free from disease and the notices to be given in that respect;
(m) providing that milk must not be delivered or sold from any cattle within the time after the cattle has received any veterinary treatment prescribed by the regulations;
(n) providing the maximum bacteria content of dairy products before or at the time of delivery or sale to vendors or consumers;
(o) providing that inspectors may, for the purposes of this Act, enter premises and stop vehicles at any time and take and remove samples of water and milk, reconstituted milk, and manufactured milk products in or on the premises or vehicles, and make tests necessary for the grading and testing set out in the regulations, and for the purpose of making any other tests and examinations that may be necessary in the public interest, and to determine whether the provisions of this Act are being carried out;
(p) providing minimum standards of composition under which dairy products may be offered for sale or sold;
(q) for controlling the quality of milk by
(i) imposing on and collecting from a producer penalties if milk supplied by the producer does not comply with the prescribed standards of quality for that milk or is produced on premises or with equipment that does not comply with the regulations,
(ii) prescribing the conditions under which, and the time at which, the penalties are payable,
(iii) prescribing the amount of the penalties and the method by which they must be calculated, the maximum penalty not to exceed 5¢/litre of milk for a period not exceeding one month, and
(iv) prescribing that the penalties collected must be applied to the fund established under section 41;
(r) prescribing methods to be followed and equipment to be used in testing, grading, processing, manufacturing and pasteurizing dairy products;
(s) prescribing the basis, whether on butterfat content or otherwise, on which payment must be made for milk or manufactured milk products, and prescribing the books, records and accounts that must be kept, and the accounting that must be made, in respect of the milk or manufactured milk products, and the time or times after their delivery within which grades must be allotted to milk or cream;
(t) prescribing the measures to be taken for preventing contamination in dairy plants;
(u) establishing definitions, standards of quality and composition, grades and grade names for dairy products.
(v) and (w) [Repealed 1997-9-21.]
(3) Without limiting subsection (1) or (2), the Lieutenant Governor in Council may make regulations as follows:
(a) providing for weighing, measuring, testing, grading and sampling any or all lots, deliveries or shipments of dairy products, and for the conditions under which they may be weighed, measured, tested, graded and sampled;
(b) providing for the manner and conditions of analysis of dairy products;
(c) providing for checking dairy equipment for sanitation and compliance with regulations, and checking measuring devices and calibration of farm holding tanks;
(d) providing for the manner and conditions of weighing dairy products transported in tank trucks;
(e) prescribing fees for and determining the basis on which the amount and liability for payment of the fees are to be set, and providing for the collection and payment of the fees, including the setting of and collection of penalties to enforce payment;
(f) providing for the issue of certificates respecting weights, volume, tests and grades of dairy products;
(g) providing for the form of the certificates and the condition on which they may be issued;
(h) providing that inspectors may enter any premises and examine any products, equipment, books, accounts and records to determine whether producers are receiving credit for correct weights, volume, grades and tests of dairy products delivered by them;
(i) providing for the size, dimensions and other specifications for packages of milk and manufactured milk products weighed, measured or graded as outlined above;
(j) providing for the manner in which milk and manufactured milk products or packages may be branded or marked as to their contents, and the standards and grades of the contents;
(k) limiting the sale of dairy products to packages of specified sizes, and specifying the sizes of the packages by weight or by dimensions or by volume;
(l) providing for the quality of any milk or manufactured milk product that may be used;
(m) providing that packages purporting to contain the milk of a particular breed of cow must contain only milk from registered purebred cows of that breed;
(n) prescribing the materials and the amounts of those materials that may be used as colouring, flavouring, stabilizer or other ingredients of dairy products;
(o) providing for procedure at meetings of the board and for voting there;
(p) defining areas of production in addition to the areas described in this Act;
(q) defining rural areas known as "milk pasteurization areas", within which milk delivered or sold to consumers must be pasteurized, and making just and equitable provision for the sale of milk from approved raw milk dairy farms in the milk pasteurization areas, and the requirements, restrictions and exceptions under which the raw milk may be sold.
Fund for promoting dairy products
41 (1) If, on the holding of a plebiscite among holders of fluid milk dairy farm certificates who have their dairy farms within the area for which the plebiscite is held, those voting in favour of the establishment of a fund to promote dairy products constitute at least 2/3 of those eligible to vote and who cast ballots, the Lieutenant Governor in Council may do one or more of the following:
(a) establish a fund to be used for promoting dairy products in accordance with regulations that may be made by the Lieutenant Governor in Council;
(b) provide for the collection of a fee by dairy plant licensees or in any other manner that the regulations may direct and for the remission of those fees to the fund in accordance with the regulations;
(c) set the fees to be collected under the regulations;
(d) determine, in accordance with the regulations, the manner in which a dairy farmer may direct all or a portion of his or her fees to be allocated;
(e) exempt from payment of fees those who, in writing as directed by the regulations, indicate their wish not to have fees deducted for the promotion of dairy products;
(f) authorize the minister to appoint a person or persons to manage and administer the fund and to make payments from it under the regulations, and to establish terms of reference, duties and responsibilities for the person or persons.
(2) The Lieutenant Governor in Council may
(a) set the area for which a plebiscite must be held and the date or dates on which it must be held in accordance with subsection (1), and
(b) by regulation, prescribe the manner of holding the plebiscite and give all necessary direction for it.
(3) If requested to do so in writing by at least 25% of those dairy farmers from whom fees are being collected for the fund in an area prescribed under subsection (2), the Lieutenant Governor in Council may at any time set a date or dates on which another plebiscite must be held in accordance with regulations made under subsection (2).
(4) If, on the holding of a plebiscite under subsection (3) among holders of fluid milk dairy farm certificates who have their dairy farms within the area for which the plebiscite is held, those voting against the continuation of the collection of fees under this section constitute not less than 51% of those eligible to vote and who cast ballots, the Lieutenant Governor in Council may revoke the application of any orders and regulations made under subsection (1) to persons in that area.
Incorporation of codes or standards
42 (1) In making any regulation under this Act, the Lieutenant Governor in Council may incorporate in it by reference any code or standard or rule or any part of one relating to the subject matter of this Act, as amended before or after the making of the regulation, that the Lieutenant Governor in Council may consider applicable.
(2) If a code, standard, rule or part is adopted by regulation, publication in the Gazette of a notice of the adoption referring to the code, standard or rule and stating the extent of its adoption and setting out any variations to which the adoption is subject, is deemed sufficient publication without publishing in the Gazette the text of the code, standard, rule or part adopted.
Provisions as to constitutionality and intent of Legislature
43 (1) The purpose and intent of the Legislature is to confine the provisions of this Act within the competence of the Legislature, and all the provisions must be construed to give effect to that purpose and intent.
(2) If a provision of this Act is held or found to be beyond the powers of the Legislature, the provision must be read distributively, and the provision so far as it deals with matters within the competence of the Legislature is valid and operative, and has the same effect as if the provision had dealt with those matters exclusively.
(3) The remaining provisions of this Act must not be deemed or held to be inoperative or beyond the powers of the Legislature, but are valid and operative, and have the same effect as if they had been originally enacted as separate and independent enactments and as the only provisions of this Act.
(4) All the provisions of this Act that are within the powers of the Legislature remain in full force and effect, even if some provisions are held to be beyond the powers of the Legislature, the intention of the Legislature being to give separate and independent effect to the extent of its powers to every enactment and provision contained in this Act.