O. Reg. 152/23: MILK AND MILK PRODUCTS

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ontario regulation 152/23

made under the

Milk Act

Made: May 17, 2023
Filed: June 23, 2023
Published on e-Laws: June 23, 2023
Published in The Ontario Gazette: July 8, 2023

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

(MILK AND MILK PRODUCTS)

1. The English version of clause 12 (7) (f) of Regulation 761 of the Revised Regulations of Ontario, 1990 is amended by striking out “bulk tank grader” and substituting “bulk tank milk grader”.

2. Subsection 36 (1) of the Regulation is revoked and the following substituted:

(1) No person shall transport milk from a farm bulk tank except,

(a) in a tank-truck; or

(b) in cases where the milk is transported by a person who is a producer and processor, via pipes or hoses or in a tank vehicle, if the Director has determined that the pipes, hoses or tank vehicle provide a similar level of protection from contamination to that of a tank-truck.

3. (1) Subsection 37 (1) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(1) Before transferring any milk from a conventional bulk tank to a tank-truck or transferring any milk to a means described in clause 36 (1) (b), a bulk tank milk grader shall,

. .  . .  .

(2) Subsection 37 (1.0.0.1) is amended by striking out the portion before clause (a) and substituting the following:

(1.0.0.1) Before leaving a producer’s premises with milk transferred from a vertical bulk tank or before completing the transfer of milk by a means described in clause 36 (1) (b) from a vertical bulk tank, a bulk tank milk grader shall,

. . . . .

(3) The English version of subsection 37 (1.1) of the Regulation is amended by striking out “bulk tank grader” and substituting “bulk tank milk grader”.

4. (1) Subsection 38 (9) of the Regulation is amended by adding “completely” before “transferring” and by adding “or completely transferring the milk to a means described in clause 36 (1) (b)” after “tank-truck”.

(2) Subsection 38 (10) of the Regulation is amended by adding “or to a means described in clause 36 (1) (b)” after “tank-truck”.

5. Section 38.1 of the Regulation is amended by adding “or to a means described in clause 36 (1) (b)” after “tank-truck”.

6. Section 86 of the Regulation is revoked and the following substituted:

86. (1) Every operator of a plant shall ensure that the rooms, facilities, equipment and utensils used in areas of the plant where milk or milk products are handled, processed or stored are thoroughly cleaned and sanitized as often as necessary to maintain a hygienic environment and to prevent the contamination of the milk or milk products.

(2) The operator shall ensure that the cleaning and sanitizing referred to in subsection (1) are performed in a way that maintains a hygienic environment and minimizes the risk of contamination of the milk and milk products.

87. (1) Every operator of a plant shall ensure that written sanitation procedures for the cleaning and sanitizing described in section 86 are developed, implemented and monitored and that they are updated as needed.

(2) The written sanitation procedures shall include,

(a) cleaning and sanitizing requirements for the rooms, facilities, equipment and utensils used in areas of the plant where milk or milk products are handled, processed or stored; and

(b) cleaning and sanitizing schedules.

(3) The operator shall ensure that on each day that a cleaning and sanitizing activity described in section 86 is performed, a record is created that includes,

(a) the date the activity was performed;

(b) the type of activity that was performed;

(c) the person who performed the activity; and

(d) the results of the activity.

(4) The operator shall ensure that every record created under subsection (3) is kept for at least one year after the date it was created and that it is readily accessible.

7. (1) Subsection 88 (1) of the Regulation is amended by striking out “on a form provided by the Director” at the end of the portion after clause (f) and substituting “in a form acceptable to the Director”.

(2) Clause 88 (2) (a) of the Regulation is amended by striking out “name, address and phone number” and substituting “name and contact information”.

(3) Subsection 88 (2) of the Regulation is amended by adding “and” at the end of clause (d) and by revoking clauses (e) and (f).

(4) Subsection 88 (3) of the Regulation is revoked and the following substituted:

(3) Certificates mentioned in subsection (1) expire as follows:

1. Certificates to apprentices expire 30 days after the last day of the next available training course.

2. Bulk tank milk graders’ certificates expire on the date specified on the certificate or five years after the effective date, whichever is earlier.

3. Plant milk graders’ certificates expire on the date specified on the certificate or five years after the effective date, whichever is earlier.

8. (1) Section 89 of the Regulation is amended by adding the following clause:

(b.1) the effective date of the certificate;

(2) Section 89 of the Regulation is amended by adding “and” at the end of clause (c), by striking out “and” at the end of clause (d) and by revoking clause (e).

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

91.1 (1) The Director may, without examination, issue a plant milk grader’s certificate to the holder of a bulk tank milk grader’s certificate.

(2) The certificate is subject to the conditions listed in subsection (3) if the person to whom it is issued is,

(a) a producer who, directly or through a corporation of which the producer has the ability to exercise, directly or indirectly, control or significant influence over the operating and financial decisions, is also a processor who exclusively processes the milk of the producer at the producer’s plant; or

(b) an employee acting under the direction of a person described in clause (a).

(3) The conditions mentioned in subsection (2) are the following:

1. The holder of the certificate shall grade milk as a plant milk grader exclusively at the plant of the producer and processor.

2. The holder of the certificate shall not grade milk as a plant milk grader if the plant of the producer and processor receives milk from any other producer.

10. Section 94 of the Regulation is amended by striking out “section 89” and substituting “sections 89 and 91.1” at the end of the portion before clause (a).

Commencement

11. 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, Farm Products MKTG Commission / Présidente de la Commission d’agricoles de l’Ontario

Douglas Reddick

Secretary to the Commission / Secrétaire de la Commission

Date made: May 17, 2023
Pris le : 17 mai 2023

 

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