You're using an outdated browser. This website will not display correctly and some features will not work.
Learn more about the browsers we support for a faster and safer online experience.

Important: This version of the e-Laws website will be upgraded to a new version in the coming weeks.
You can try the beta version of the new e-Laws at ontario.ca/laws-beta.

O. Reg. 419/23: GRADES, STANDARDS, DESIGNATIONS, CLASSES, PACKING AND MARKING

filed December 20, 2023 under Milk Act, R.S.O. 1990, c. M.12

Skip to content

 

ontario regulation 419/23

made under the

Milk Act

Made: December 18, 2023
Filed: December 20, 2023
Published on e-Laws: December 20, 2023
Published in The Ontario Gazette: January 6, 2024

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

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

1. The Table to section 11 of Regulation 753 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:

Table

Item

Class

Description

1.

1 (a) 1

Milk used to process milk and milk beverages, except those defined in Class 1 (a) 2 and 1 (a) 3, made of partly skimmed or skimmed milk, whether treated or not for lactose intolerance, flavoured or not, with or without vitamins or minerals added.
Cultured milk for retail sale or for the food services sector.

2.

1 (a) 2

Milk used to process eggnog.
Milk used to process dairy beverages constituted of mixtures of fresh milk and fruit and vegetable juices and other products, with a dairy content exceeding 50 per cent by weight and a dairy protein content of less than 75 per cent of the dairy protein contained in an equal volume of Class 1(a)1 milk with the same butterfat content.

3.

1 (a) 3

Milk used to process fortified products, with dairy protein content exceeding that of an equal volume of fresh milk product with the same butterfat content, within Class 1 (a) 1 or 1 (a) 2.

4.

1 (b)

Milk used to process cream for retail and food service with a minimum butterfat content of five per cent.

5.

1 (c)

Milk used to process Class 1 (a) and 1 (b) products during an introductory period if the products are for retail and food services and are determined to be new products under the 2009 Agreement on Eastern Canadian Milk Pooling as amended up to the day 419/23 came into force.

6.

1 (d)

Milk used to process Class 1 (a) and 1 (b) products if the products are marketed in the Yukon, the Northwest Territories or Nunavut or are for use on a cruise ship.

7.

2 (a)

Milk used to process all the types of yogurt including yogurt beverages, kefir and lassi but not including frozen yogurt.

8.

2 (b) 1

Milk used to process milkshakes, crème fraîche, all types of fudge, pudding, and Indian sweets.
Milk used to process milkshake mixes that are for retail sale.

Milk used to process unhomogenized milk sold to consumers in non-graded containers of 20 litres or more.

9.

2 (b) 3

Milk used to process sport and nutrition drinks with a minimum protein content that is twice that of fluid milk products with the same butterfat content.

10.

2 (b) 4

Milk used to process fresh dairy desserts, with at least 75 per cent fresh milk content and where the final product shelf life requires refrigeration, and sour cream.

11.

2 (b) 5

Milk used to process all types of ice cream, ice cream mix, whether frozen or not, and other frozen dairy products, including milkshake mixes that are not for retail sale, frozen yogurts and frozen desserts.

12.

3 (a) 1

Milk used to process cheese that has a minimum casein content of 95 per cent and that is derived from fluid milks other than cheeses referred to in another class.  

13.

3 (a) 2

Milk used to process cheese curds, skim milk cheese, ricotta and all other cheeses not referred to in another class.

14.

3 (b) 1

Milk used to process aged cheddar, when aged at least 9 months.

15.

3 (b) 2

Milk used to process cheddar, other than aged cheddar, and cheddar type cheeses that are sold fresh.
Milk used to process 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.
Milk used to process any product made by coagulating milk, coagulating milk products, or coagulating both milk and milk products with the aid of bacteria to form a curd, other than rennet casein curd, if that product is not referred to in another class.

16.

3 (c) 1

Milk used to process Feta.

17.

3 (c) 2

Milk used to process Asiago, Gouda, Havarti, Parmesan and Swiss.

18.

3 (c) 3

Milk used to process Canadian-style Munster (Muenster) and pizza cheese, including part skim pizza cheese,.

19.

3 (c) 4

Milk used to process Brick, Colby, Farmer’s, Jack, Monterey Jack, all types of Mozzarella except types of Mozzarella referred to in Classes 3 (c) 5 or 3 (d).

20.

3 (c) 5

Pizza Mozzarella and Part Skim Pizza Mozzarella other than types of Mozzarella referred to in Class 3 (d).

21.

3 (c) 6

Milk used to process Paneer.

22.

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.

23.

4 (a)

Milk used to process butter and butteroil.
Milk used to process concentrated milk as an ingredient in the food industry.
Milk used to process concentrated milk protein in liquid and dry forms at a concentration of at least 40 per cent on a dry matter basis.
Milk used to process infant formula and milk components used in infant formula.
Milk used to process rennet casein (dry or curd) used in the manufacture of non-standardized processed cheese-type product.

24.

4 (b) 1

Milk used to process concentrated milk or sweetened concentrated milk for retail sale.
Accountable losses of milk at a plant.

25.

4 (b) 2

Milk used to process any product not otherwise referred to in another class.

26.

4 (c)

Milk used during an introductory period to process products if the products are new industrial products and are determined to be new products under the 2009 Agreement on Eastern Canadian Milk Pooling as amended up to the day 419/23 came into force.

27.

4 (d)

Milk inventory and fluid milk returns for products referred to in Class 1 (a) 1.

28.

4 (m)

Milk used to process milk components for animal feed.

29.

5 (a)

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

30.

5 (b)

Milk used to process all other dairy products, other than those included in Class 5 (a), used as ingredients in further processing in Canada, other than by the Canadian confectionery sector.

31.

5 (c)

Milk used to process dairy products used as ingredients in the Canadian confectionery sector.

 

Commencement

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

Made by:

Ontario Farm Products Marketing Commission:

Amy Cronin

Chair of the Commission / Présidente de la Commission

Douglas Reddick

Secretary of the Commission / Secrétaire de la Commission

Date made: December 18, 2023