O. Reg. 272/12: MILK AND MILK PRODUCTS

Link to law: http://www.ontario.ca/laws/regulation/r12272
Published: 2012-09-12

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ontario regulation 272/12

made under the

Milk Act

Made: June 27, 2012
Filed: September 12, 2012
Published on e-Laws: September 12, 2012
Printed in The Ontario Gazette: September 29, 2012

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

(Milk and Milk Products)

1. (1) Subsection 37 (1) of Regulation 761 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:

(1) Before transferring any milk from a farm bulk tank to a tank-truck, a bulk tank milk grader shall,

(a) examine the milk in the farm bulk tank to determine if the milk must be rejected under subsection 51 (1); and

(b) in the case of cow’s milk, take the temperature of the milk in the farm bulk tank in accordance with subsection (1.0.1) to determine if it must be rejected under subsection 51 (4).

(1.0.1) A bulk tank milk grader shall take the temperature of cow’s milk in accordance with the following procedures:

1. The temperature of the milk shall not be taken until the agitator has been in operation for at least two minutes or such longer period of time as is necessary for the milk to be thoroughly mixed.

2. The temperature shall be taken a first time,

i. by reading the temperature displayed on the time temperature recorder for the bulk tank described in section 34.1, or

ii. if the time temperature recorder for the bulk tank has not displayed the temperature at the time the milk is picked up from the bulk tank, with an accurate hand thermometer with a stainless steel stem supplied by the bulk tank milk grader.

3. If the temperature taken under paragraph 2 is higher than 10˚C, the temperature shall be taken a second time with an accurate hand thermometer described in subparagraph 2 ii.

(1.0.2) If, after examining milk or taking the temperature of the milk under subsection (1), the bulk tank milk grader determines that the milk must be rejected in accordance with subsection 51 (1) or (4), he or she shall refuse to transfer the milk or, if the transfer has already begun, cease to transfer the milk, and shall,

(a) attach to the tank a rejection tag showing the reason for the rejection;

(b) attempt to notify the producer; and

(c) notify the marketing officer of the marketing board as soon as possible.

(1.0.3) For greater certainty, a bulk tank milk grader may determine that milk must be rejected in accordance with subsection 51 (1) as a result of observations that he or she makes during the transfer of milk and, if such a determination is made, subsection (1.0.2) applies.

(2) Subsection 37 (1.1) of the Regulation is amended by striking out “subsection (1)” and substituting “subsection (1.0.2)”.

(3) Subsection 37 (3) of the Regulation is amended by striking out “Where the bulk tank milk grader declines to transfer milk from a farm bulk tank under subsection (1)” at the beginning and substituting “Where the bulk tank milk grader rejects milk in a farm bulk tank under subsection (1.0.2)”.

2. Clause 38 (3) (d) of the Regulation is revoked and substituting the following:

(d) the temperature of the milk determined by,

(i) in the case of cow’s milk, the procedure described in subsection 37 (1.0.1), and

(ii) in the case of goat’s milk, an accurate hand thermometer with a stainless steel stem supplied by the bulk tank milk grader.

3. Section 51 of the Regulation is amended by adding the following subsection:

(4) The bulk tank milk grader shall reject cow’s milk if, upon taking the temperature of the milk under clause 37 (1) (b), it is found to be higher than 10˚C.

Commencement

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

Made by:

Ontario Farm Products Marketing Commission:

Geri Kamenz

Chair

John Mitsopulos

Secretary

Date made: June 27, 2012.