O. Reg. 61/22: MILK AND MILK PRODUCTS

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ontario regulation 61/22

made under the

Milk Act

Made: January 21, 2022
Filed: February 9, 2022
Published on e-Laws: February 9, 2022
Printed in The Ontario Gazette: February 26, 2022

Amending Reg. 761 of R.R.O. 1990

(MILK AND MILK PRODUCTS)

1. The definition of “cream” in section 1 of Regulation 761 of the Revised Regulations of Ontario, 1990 is revoked.

2. The English version of clause 12 (7) (g) of the Regulation is amended by striking out “tank truck” and substituting “tank-truck”.

3. Sections 45 to 47 of the Regulation are revoked.

4. Section 50 of the Regulation is revoked and the following substituted:

50. (1) Subject to subsection (2), no person other than a plant milk grader shall accept, grade, reject, measure or sample milk received in a plant or supervise the accepting, grading, rejecting, measuring or sampling of milk received in a plant.

(2) An apprentice plant milk grader may accept, grade, reject, measure or sample milk under the supervision of a plant milk grader.

(3) The plant milk grader shall accept or reject milk delivered by a tank-truck before any of the milk is removed from the tank-truck for any purpose other than testing.

5. (1) Subsection 51 (1) of the Regulation is amended by striking out “The milk and cream grader at a plant” at the beginning of the portion before clause (a) and substituting “A plant milk grader”.

(2) The English version of subsection 51 (1.1) of the Regulation is amended by striking out “The bulk tank milk grader” at the beginning and substituting “A bulk tank milk grader”.

(3) Subsection 51 (2) of the Regulation is amended by striking out “The milk and cream grader at a plant” at the beginning and substituting “A plant milk grader”.

(4) Subsection 51 (3) of the Regulation is amended by striking out “The milk and cream grader at a plant” at the beginning of the portion before clause (a) and substituting “A plant milk grader”.

6. Subsection 55 (3) of the Regulation is amended by striking out the portion after clause (c).

7. Sections 59 to 76 of the Regulation are revoked.

8. (1) Clause 77 (1) (l) of the Regulation is amended by adding “and” at the end of subclause (i) and by revoking subclause (ii).

(2) Subclause 77 (1) (l) (iii) of the Regulation is revoked and the following substituted:

(iii)  a building intended for use as a plant for the manufacture of milk products, there are storage rooms large enough for the operation intended.

(3) Clause 77 (1) (m) of the Regulation is amended by striking out “and cream” wherever it appears.

(4) The English version of clause 77 (1) (n) of the Regulation is amended by striking out “tank truck” at the end and substituting “tank-truck”.

(5) Clause 77 (2) (a) of the Regulation is revoked.

9. (1) Clause 78 (1) (a) of the Regulation is revoked and the following substituted:

(a)  a wash basin in each area of the plant in which it is necessary to minimize the risk of contamination of milk or milk products;

(2) Subsection 78 (3) of the Regulation is revoked.

10. (1) Subsection 80 (1) of the Regulation is amended by striking out “milk, cream” wherever it appears and substituting in each case “milk”.

(2) Subsection 80 (1.1) of the Regulation is amended by striking out “milk, cream” and substituting “milk”.

(3) Subsection 80 (1.2) of the Regulation is amended by striking out “milk, cream” and substituting “milk”.

(4) Subsection 80 (2) of the Regulation is amended by striking out “milk, cream” in the portion before clause (a) and substituting “milk”.

(5) Subsection 80 (3) of the Regulation is amended by striking out “milk, cream” wherever it appears and substituting in each case “milk”.

(6) Subsection 80 (4) of the Regulation is amended by striking out “milk, cream” and substituting “milk”.

11. (1) Subsection 81 (1) of the Regulation is amended by striking out “or cream” wherever it appears.

(2) Subsection 81 (2) of the Regulation is amended by striking out “or cream” wherever it appears.

12. Section 82 of the Regulation is revoked and the following substituted:

82. Ice cream or ice milk shall be made in one of the following two ways:

1.  With ice cream mix or ice milk mix, as the case may be, that has been pasteurized by doing one of the following and then immediately cooling the mix to a temperature not higher than 5°C:

i.  Heating the mix to a temperature of at least 69°C and maintaining that temperature for not less than 30 minutes.

ii.  Heating the mix to a temperature of at least 80°C and maintaining that temperature for not less than 25 seconds.

iii.  Heating the mix to such other temperature and time combination as may be approved by the Director.

2.  From pasteurized milk ingredients such that the ice cream or ice milk, as the case may be, satisfies the standards set out for ice cream in paragraph B.08.062 (d) of the Food and Drug Regulations (Canada) made under the Food and Drugs Act (Canada).

13. Section 87 of the Regulation is revoked.

14. (1) Clause 88 (1) (a) of the Regulation is revoked.

(2) Clause 88 (1) (b) of the Regulation is revoked and the following substituted:

(b)  a plant milk grader’s certificate;

(3) Clause 88 (1) (d) of the Regulation is revoked.

(4) Clause 88 (1) (e) of the Regulation is revoked and the following substituted:

(e)  an apprentice plant milk grader’s certificate; and

(5) Clause 88 (3) (c) of the Regulation is amended by striking out “milk and cream graders’ certificates” and substituting “plant milk graders’ certificates”.

(6) Subsections 88 (4) to (5) of the Regulation are revoked.

15. The Regulation is amended by adding the following section:

89.1 (1) A person who had a valid milk and cream grader’s certificate on February 9, 2022 is deemed to have a plant milk grader’s certificate that is subject to the same terms as the terms to which their milk and cream grader’s certificate was subject.

(2) A person who had a valid apprentice milk and cream grader’s certificate on February 9, 2022 is deemed to have an apprentice plant milk grader’s certificate that is subject to the same terms as the terms to which their apprentice milk and cream grader’s certificate was subject.

16. (1) Subsection 90 (1) of the Regulation is revoked.

(2) Subsection 90 (2) of the Regulation is amended by striking out “milk and cream grader’s certificate” in the portion before clause (a) and substituting “plant milk grader’s certificate”.

(3) Clauses 90 (2) (a) and (b) of the Regulation are amended by striking out “milk and cream” wherever it appears and substituting in each case “milk”.

(4) Clause 90 (2) (c) of the Regulation is amended by striking out “milk or cream” and substituting “milk”.

17. Section 92 of the Regulation is amended by striking out “a cream tester, a milk and cream grader or a bulk tank milk grader” and substituting “a plant milk grader or a bulk tank milk grader”.

18. (1) Clause 93 (c) of the Regulation is revoked.

(2) Clause 93 (d) of the Regulation is amended by striking out “where the holder is employed in more than one plant or operates a tank-truck”.

19. Subsections 96 (4) and (5) of the Regulation are revoked.

20. Section 109 of the Regulation is amended by adding the following subsection:

(1.1) For greater certainty, subsection (1) does not apply if the exemption in section 110 applies to the person.

21. The Regulation is amended by adding the following section:

110. (1) A person is exempt from section 14 of the Act if the proposed construction or alteration of a building intended for use as a plant would not result in,

(a)  an increase to the existing physical footprint of the building;

(b)  internal modifications to the building that could affect the risk of any product made at the plant being contaminated; or

(c)  the addition, replacement or modification of equipment, including ancillary equipment or complete systems, that directly affects the risk of any product made at the plant being contaminated.

(2) The exemption in subsection (1) does not apply with respect to any permit for which an application is required under subsection 95 (3).

22. Subsections 114 (6) and (7) of the Regulation are revoked.

23. Section 125.1 of the Regulation is revoked.

24. (1) Subsection 129 (1) of the Regulation is amended by striking out “cream or” wherever it appears.

(2) Subsection 129 (2) of the Regulation is revoked and the following substituted:

(2) If a plant milk grader measures, weighs, grades or tests goat’s milk, the grader shall immediately make an accurate record of the volume, weight, grade or test, as the case may be.

(3) Subsection 129 (3) of the Regulation is amended by striking out “cream or”.

(4) Subsection 129 (4) of the Regulation is amended by striking out “cream and”.

25. (1) Subsection 131 (1) of the Regulation is amended by striking out “cream or”.

(2) Subsection 131 (2) of the Regulation is revoked.

26. The French version of the Regulation is amended by striking out “classeur de lait en vrac” wherever it appears and substituting in each case “préposé au classement du lait en reservoir”.

Commencement

27. This Regulation comes into force on the day it is filed.

Made by:
Pris par :

Ontario Farm Products Marketing Commission:
La Commission de commercialisation des produits agricoles de l’Ontario :

Amy Cronin

Chair of the Commission/Presidente de la commission

Douglas Reddick

Secretary of the Commission/Secrétaire de la commission

Date made: January 21, 2022
Pris le : 21 janvier 2022

 

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