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O. Reg. 236/20: GRADES, STANDARDS, DESIGNATIONS, CLASSES, PACKING AND MARKING

filed May 29, 2020 under Milk Act, R.S.O. 1990, c. M.12

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ontario regulation 236/20

made under the

Milk Act

Made: May 20, 2020
Filed: May 29, 2020
Published on e-Laws: June 1, 2020
Printed in The Ontario Gazette: June 13, 2020

Amending Reg. 753 of R.R.O. 1990

(GRADES, STANDARDS, DESIGNATIONS, CLASSES, PACKING AND MARKING)

1. (1) Subsection 11 (2) of Regulation 753 of the Revised Regulations of Ontario, 1990 is revoked.

(2) Subsection 11 (4) of the Regulation is revoked and the following substituted:

(4) If milk is used to process a product in a class and that product is in turn used to process a product in a different class, the milk shall be classified according to the end use, including for the purposes of the regulations made by the marketing board determining the price or prices that shall be paid for milk.

(3) The Table to section 11 of the Regulation is revoked and the following substituted:

Table

Item

Class

Description

1.

1 (a)

Milk used to process milk, partly-skimmed milk, skim-milk, buttermilk or milk beverages for retail sale or use in a food service premises.
Milk used to process flavoured milk, flavoured partly-skimmed milk or flavoured skim-milk sold at retail or used in a food service premises.
Milk used to process eggnog.

2.

1 (b)

Milk used to process cream with a butterfat content greater than 5%, table cream, double cream or whipping cream for retail sale or use in a food service premises.
Milk used to process flavoured cream sold at retail or used in a food service premises.

3.

1 (c)

Milk used to process new milk products within the categories of products referred to in class 1 (a) or (b).

4.

1 (d)

Milk used to process products within the categories of products referred to in class 1 (a) or (b) if the products are processed for sale in the Yukon, the Northwest Territories or Nunavut, or for use on a cruise ship.

5.

2 (a)

Milk used to process all the types of yogurt including yogurt beverages, kefir and lassi but not including frozen yogurt referred to in class 2 (b).

6.

2 (b)

Milk used to process milkshakes, milk shake mixes, sport and nutrition drinks, fresh dairy desserts, sour cream, all types of ice cream and ice milk, ice cream mix and ice milk mix, whether frozen or not, other frozen dairy products including frozen yogurt, crème fraîche, all types of fudge, pudding, soup mix and Indian sweets.
Milk used to process unhomogenized milk sold to consumers in non-graded containers of 20 litres or more.

7.

3 (a)

Milk used to process cheeses other than cheeses referred to in classes 3 (b) (i), 3 (c) and 3 (d).
Milk used to process cheese curds other than stirred curd referred to in class 3 (b) (i).

8.

3 (b) (i)

Milk used to process cheddar cheese and cheddar-type cheeses sold fresh, stirred curd, cream cheese and cream cheese bases or cheese mixes other than cream cheese bases or cheese mixes used to process products referred to in another class.

9.

3 (b) (ii)

Milk used to process products not referred to in classes 3 (a), 3 (b) (i), 3 (c) and 3 (d) made by coagulating milk to form a curd, by coagulating milk products to form a curd or by coagulating both milk and milk products to form a curd.

10.

3 (c)

Milk used to process Asiago, Brick, Canadian-style Munster (Muenster), Colby, Farmer, Feta, Gouda, Havarti, Jack, Monterey Jack, Paneer, Parmesan, Pizza Cheese, Swiss and all types of Mozzarella except types of Mozzarella described in class 3 (d).

11.

3 (d)

Milk used to process standardized Mozzarella to be used strictly on fresh pizzas by establishments registered with the Canadian Dairy Commission under terms and conditions approved by the Canadian Milk Supply Management Committee.

12.

4 (a)

Milk used to process butter or butteroil.
Milk used to process concentrated milk protein, all types of powders, infant formula or concentrated milk as an ingredient in the food industry.
Milk used to process rennet casein (dry or curd) if the processed product is to be used in making an unstandardized processed cheese-type product.

13.

4 (b)

Milk used to process concentrated milk or sweetened concentrated milk for retail sale.
Milk used to process any product not within a category of product referred to in another class.

Accountable losses of milk at a plant.

14.

4 (c)

Milk used to process new milk products, other than new milk products within the milk product categories referred to in class 1 (c).

15.

4 (d)

Milk inventory.

16.

4 (m)

Milk used to process products for animal feed.

17.

5 (a)

Milk used to process cheese for further processing in Canada, other than by the confectionery sector.

18.

5 (b)

Milk used to process milk products, other than cheese, for further processing in Canada, other than by the confectionery sector.

19.

5 (c)

Milk used to process milk products for the confectionery sector.

20.

5 (d)

Milk used to process milk products that are exported within the limits for subsidized exports set out in Canada’s Schedule to the World Trade Organization’s Agreement on Agriculture.

Commencement

2. This Regulation comes into force on the later of June 1, 2020 and the day it is filed.

Made by:

Ontario Farm Products Marketing Commission:

Amy Cronin

Chair OFPMC

Brendan McKay

Secretary to the Commission

Date made: May 20, 2020