ontario regulation 139/08

made under the

milk act

Made: May 1, 2008
Filed: May 7, 2008
Published on e-Laws: May 8, 2008
Printed in The Ontario Gazette: May 24, 2008


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

(Milk and Milk Products)

1. (1) Clause 16 (1) (a) of Regulation 761 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:

(a) a refrigeration unit capable of,

(i) cooling milk in the tank to a temperature of 10°C or lower within one hour after the completion of milking, and 4°C or lower within two hours after the completion of milking,

(ii) except within a period of two hours after the completion of milking, maintaining a temperature of milk in the tank not higher than 4°C while milk remains in the tank,

(iii) maintaining a temperature of milk in the tank not lower than 1°C at any time while milk remains in the tank, and

(iv) except in the case of a unit operated by a generator or an internal combustion engine, regulating the temperature by an automatic control mechanism to within 1°C of a designated temperature;

(2) Subsection 16 (5) of the Regulation is revoked and the following substituted:

(5) The farm bulk tank refrigeration unit, the agitator and the tank-truck pump must be powered by electricity provided by a source of electric power that is sufficient to operate the farm bulk tank refrigeration unit, the agitator and the tank-truck pump in accordance with this Regulation.

2. The Regulation is amended by adding the following sections:

Time Temperature Recorders

34.1 (1) This section applies to every producer of cow’s milk.

(2) Every producer shall install and maintain as many time temperature recorders as necessary to monitor the farm bulk tanks and pipelines that the producer uses for cow’s milk and the sinks that the producer uses for cleaning milking equipment used for cow’s milk in accordance with this Regulation.

(3) Each time temperature recorder must continuously display the correct date and time and the current temperature of the contents of every farm bulk tank, pipeline and sink used for cleaning milking equipment that the particular time temperature recorder monitors.

(4) Each time temperature recorder must be located in the milk house or in a vestibule that is attached to the milk house and that opens to the outdoors.

(5) Each time temperature recorder must be powered by electricity provided by a source of electric power that is capable of operating the time temperature recorder in accordance with this Regulation and on a continuous basis.

(6) Each time temperature recorder must be equipped with a working battery or other back-up power supply and programmed so that if the electric power supply is interrupted, the time temperature recorder will,

(a) continue to display the correct time and date; and

(b) continue to preserve all information that is stored on it at the time of the interruption in the electric power supply.

(7) Each time temperature recorder must be designed, constructed, programmed and installed so that it does not cause electronic interference with the normal operation of the farm bulk tank, agitator, farm bulk tank refrigeration unit, tank-truck pump, pipeline or other equipment.

(8) Each time temperature recorder must be programmed with the minimum and maximum water temperatures recommended by the manufacturer of the washing compounds used in the washing solution for cleaning the farm bulk tank, pipeline or sink used for cleaning milking equipment that the particular time temperature recorder monitors.

(9) Each time temperature recorder that has electronic sensors that come into direct contact with milk must be designed and constructed so that the sensors may be maintained in a sanitary condition and every producer shall maintain the sensors in a sanitary condition.

(10) If the electric power supply to a time temperature recorder is interrupted, when the electric power supply is restored, the time temperature recorder must display a visual alarm.

(11) A time temperature recorder that monitors a farm bulk tank must display a visual alarm every time,

(a) the temperature of the milk in the farm bulk tank,

(i) is higher than 10°C at any time, except within one hour after the completion of milking,

(ii) is higher than 4°C at any time, except within two hours after the completion of milking, or

(iii) is lower than 1°C at any time;

(b) the milk in the farm bulk tank is not agitated for at least five minutes every hour in accordance with subsection 16 (2); or

(c) the farm bulk tank is not cleaned in accordance with clause 13 (1) (a) between emptying and the next milking.

(12) A time temperature recorder that monitors a pipeline must display a visual alarm if the pipeline is not cleaned in accordance with clauses 13 (1) (a) and 32 (1) (a) after each milking.

(13) A time temperature recorder that monitors a sink used for cleaning milking equipment must display a visual alarm if the sink is not used to clean the milking equipment after each milking.

(14) A time temperature recorder that monitors a farm bulk tank, pipeline or sink used for cleaning milking equipment must display a visual alarm if the temperature of the washing solution in the farm bulk tank, pipeline or sink does not reach the minimum temperature or exceeds the maximum temperature described in subsection (8).

(15) When a time temperature recorder displays an alarm in accordance with subsection (10), (11), (12), (13) or (14), the display on the time temperature recorder must indicate what caused the alarm to activate.

(16) A time temperature recorder that monitors a farm bulk tank or pipeline must measure and record the average temperature of milk in the farm bulk tank or pipeline for every five-minute period that the farm bulk tank or pipeline contains milk.

(17) A record required by subsection (16) must be made at the end of every five-minute period and must include the date and time that the record was made.

(18) A time temperature recorder that monitors a farm bulk tank, pipeline or sink used for cleaning milking equipment must measure and record the average temperature of the contents of the farm bulk tank, pipeline or sink for every twenty-second period that the farm bulk tank, pipeline or sink contains rinse water, washing solution or sanitizing solution.

(19) A record required by subsection (18) must be made at the end of every twenty-second period and must include the date and time that the record was made.

(20) A time temperature recorder must make a record every time an alarm activates in accordance with subsection (10), (11), (12), (13) or (14).

(21) A record required by subsection (20) must include,

(a) the date and time the alarm was activated;

(b) the date and time the alarm was deactivated;

(c) the cause of the alarm;

(d) if the alarm is activated due to a circumstance described in subsection (10), the time when the interruption in the electric power supply started;

(e) if the alarm is activated due to a circumstance described in clause 11 (11) (a), the temperature of the milk in the farm bulk tank at the time the alarm activated; and

(f) if the alarm is activated due to a circumstance described in subsection (14), the temperature of the washing solution in the farm bulk tank, pipeline or sink at the time the alarm activated.

(22) Subject to subsection (23), a time temperature recorder must hold the records it is required to make by this Regulation in its memory in an unaltered form for the most recent three years.

(23) Until August 1, 2011, a time temperature recorder must hold all the records it is required to make by this Regulation in its memory in an unaltered form.

(24) The records held in a time temperature recorder must be stored in a form that is approved by a Director and that will allow a field-person to electronically retrieve and copy the records in a readable form.

3. This Regulation comes into force on August 1, 2008.

Made by:

Ontario Farm Products Marketing Commission:

Dave Hope

Chair

Gloria Marco Borys

Secretary

Date made: May 1, 2008.