O. Reg. 185/10: MILK AND MILK PRODUCTS


Published: 2010-05-21

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ontario regulation 185/10

made under the

Milk Act

Made: May 19, 2010
Filed: May 21, 2010
Published on e-Laws: May 26, 2010
Printed in The Ontario Gazette: June 5, 2010


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

(Milk and Milk Products)

1. (1) Subsection 38 (6) of Regulation 761 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:

(6) A sample of milk taken under subsection (5) shall be in the amount that is necessary to permit sample testing and approved by the Director.

(2) Subsections 38 (12) and (13) of the Regulation are revoked and the following substituted:

(12) As soon as possible, but no later than 24 hours after the sample was taken, the bulk tank milk grader shall place the sample in a sample rack, mark the rack in a manner approved by the Director and place the rack in a refrigerated sample cabinet.

(13) Until the sample is tested, it shall be maintained at a temperature not lower than 0°C and not higher than 4°C.

(3) Subsection 38 (15) of the Regulation is amended by striking out “seven days” at the end and substituting “five days”.

(4) Clause 38 (16) (f) of the Regulation is revoked and the following substituted:

(f) sample cabinets, each equipped with a device that logs and indicates time and temperature.

(5) Subsection 38 (18) of the Regulation is revoked and the following substituted:

(18) Samples shall be kept in a sample storage depot and shall be available for pick-up and transport to a laboratory 24 hours a day or during the hours approved by the Director for each sample storage depot.

2. (1) Subsection 52 (1) of the Regulation is revoked and the following substituted:

(1) The milk of every producer,

(a) shall be tested for bacterial content by an official method at least once in each month; and

(b) may be tested at any time, by an official method,

(i) for its freezing point to determine if the milk has an abnormal freezing point as described in subsection (5), and

(ii) for the presence of an inhibitor.

(1.1) A test under subsection (1) shall take place at a laboratory approved by the Director.

(2) Subsection 52 (5) of the Regulation is amended by striking out “0.524 Horvet” and substituting “-0.506ºC”.

3. Subsection 54 (2) of the Regulation is revoked and the following substituted:

(2) If the milk of a producer is placed under detention under subsection (1), a fieldperson shall take and test the necessary samples of milk by an official method in order to determine if the sample contains an inhibitor.

4. (1) Subsection 55 (1) of the Regulation is revoked and the following substituted:

(1) If, in any three-month period, the milk of a producer tested under section 52 is found to be grade 2 milk in the third month and if there have been at least five such findings previously in the three-month period, the producer is liable to the following penalties with respect to any milk marketed in the third month:

1.   $3 per hectolitre in the case of a first penalty incurred within a 12-month period.

2.   $4 per hectolitre in the case of a second penalty incurred within a 12-month period.

3.   $5 per hectolitre in the case of a third or subsequent penalty incurred within a 12-month period.

(1.1) No more than one penalty may be imposed in any given month under subsection (1).

(2) Subsection 55 (2) of the Regulation is revoked and the following substituted:

(2) If, in any four-month period, the milk of a producer tested under section 52 is found to contain a somatic cell count equal to or greater than the amount allowed under subsection 52 (4) in the fourth month and if there have been at least two such findings in the first three months of the period, the producer is liable to the following penalties with respect to any milk marketed in the fourth month: 

1. $3 per hectolitre in the case of a first penalty incurred within a 12-month period.

2. $4 per hectolitre in the case of a second penalty incurred within a 12-month period.

3. $5 per hectolitre in the case of a third or subsequent penalty incurred within a 12-month period.

5. Clause 56 (1) (a) of the Regulation is amended by striking out “to the producer and the marketing board” and substituting “to the producer”.

6. Sections 58 and 58.1 of the Regulation are revoked.

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

58.2 Despite the revocation of sections 58 and 58.1 of this Regulation by section 6 of Ontario Regulation 185/10, the marketing board and the operator of a plant shall continue to pay fees in accordance with those sections with respect to samples of milk taken before June 1, 2010.

8. This Regulation comes into force on the later of June 1, 2010 and the day it is filed.

Made by:

Ontario Farm Products Marketing Commission:

Geri Kamenz

Chair

George McCaw

Secretary

Date made: May 19, 2010.