myLaws

To start and run a cheesemaking business in Ontario, you must comply with a number of codes, standards, regulations, legislation and guidelines at the federal, provincial and municipal levels. This section provides links to the main ones, but it is your responsibility to be aware of the applicable laws and to keep up-to-date on any changes that occur.

Note that the federal, provincial, territorial and municipal governments recognize the need to harmonize food safety standards nationally. The Canadian Food Inspection System Implementation Group is developing a new system of food safety inspection standards that will be applied nationally.

• Federal
• Provincial
• Municipal

Federal

Canada Agricultural Products Act – Dairy Products Regulations cover grading, inspection, packing, labelling and international and interprovincial trade in dairy products.

National Dairy Regulation and Code – Production and Processing Regulations, 4th ed. and the accompanying National Dairy Regulation and Code – Processing Sector Interpretive Guidelines cover construction and operation of dairy processing plants, equipment, testing and dairy composition standards.

Your plant must also meet general health and food safety requirements laid out in Health Canada’s Food and Drug Act.

Your best guideline for operating a food processing plant in Canada is the Code of Practice, General Principles of Food Hygiene for Use by the Food Industry in Canada, which will help you comply with the requirements of Canadian food law.

The Food and Drug Act and its associated Regulations also regulate labelling and packaging. Division 8 covers the specific regulations for dairy products, while Division 23 prohibits selling foods in packages that may impart harmful substances to their contents.

Under the Weights and Measures Act, it is your responsibility to make sure weighing and measuring devices used in the plant are accurate.

As legislation changes, check the Department of Justice website for updates and get advice from the appropriate authority before making decisions.

Provincial

The Milk Act establishes requirements for dairy processors and dairy products in Ontario. Currently it defines milk as cow’s milk or goat’s milk.

Regulation 753 (Grades, standards, designations, classes, packing and marking) defines the classes of milk that can be used to produce cheese.

According to Regulation 761 (Milk and milk products), plants that process cow or goat milk must be licensed by the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA). All unpasteurized cow’s milk in Ontario must be bought from the Dairy Farmers of Ontario, and the Dairy Farmers of Ontario may only sell unpasteurized cow’s milk to a company or dairy processor that has been licensed by OMAFRA.

Since sheep’s milk does not fall under the Ontario Milk Act, plants that produce sheep’s milk cheese are not licensed or inspected by OMAFRA. Instead, they are considered food premises under the Health Protection and Promotion Act and are inspected by local public health units. However, milk producers new to this industry could establish good production practices by referring to the regulations developed for cow’s milk. Furthermore, it is expected that there will be a requirement in the future under Ontario's Food Safety and Quality Act to license sheep’s milk processors, so contact OMAFRA’s Food Inspection Branch if you are planning to manufacture sheep milk products.

The Health Promotion and Protection Act covers the prevention of the spread of disease and the promotion and protection of the health of the people of Ontario. Cheesemaking plants must meet the general health and food safety requirements laid out in this Act.

The Ontario Building Code regulates construction and building in Ontario. For more information, contact the Ministry of Municipal Affairs and Housing.

Under the Electrical Safety Code, all electrical work must be inspected, regardless of the installer's qualifications. The Electrical Safety Authority is responsible for enforcing a level of public electrical safety across Ontario. They can work with you to help you ensure electrical safety due diligence and compliance to the Code.

The Ontario Fire Code is a regulation made under the Fire Protection and Prevention Act that sets out comprehensive fire safety requirements that apply to all buildings and premises in the province.

The Employment Standards Act provides for minimum terms and conditions of employment, such as minimum wage, statutory holidays, and hours of work.

Occupational Health and Safety Act protects workers against health and safety hazards on the job. There is a general duty on employers to take all reasonable precautions to protect the health and safety of workers. In addition, the Act and regulations set out many specific responsibilities of the employer. The Guide to the Occupational Health and Safety Act offers more information.

Under the Workplace Safety and Insurance Act, most businesses in Ontario that employ workers (including family members and sub-contractors) must register with the Workplace Safety and Insurance Board within 10 days of hiring their first full- or part-time worker. The WSIB collects assessments from most employers in Ontario, pooling them in a collective liability fund, and then distributing benefits to workers who are injured or who develop an occupational disease resulting from their employment.

As legislation changes, check e-Laws for updates and get advice from the appropriate authority before making decisions.

Municipal

Local municipalities are responsible for enforcing the Ontario Building Code, and they may also have bylaws controlling the location of your plant, your water and energy use, and your waste disposal practices. For a list of municipal websites, see the Association of Municipalities of Ontario.