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Milk Act

ontario REGULATION 121/98

ADMINISTRATION AND ENFORCEMENT OF REGULATIONS IN RESPECT OF THE RAW MILK AND CREAM QUALITY PROGRAM

Consolidation Period:  From May 17, 2016 to the e-Laws currency date.

Last amendment:  O. Reg. 139/16.

This is the English version of a bilingual regulation.

1. (1) Subject to subsection (2), the following provisions of the Milk Act are designated as designated legislation to the extent that they relate to the quality of milk or cream:

1. Section 1.

2. Clause 2 (c).

3. Subsections 2.1 (2), (3), (4) and (5).

4. Subsections 4 (2) and 6 (5).

5. Sections 10, 11, 13, 21, 22, 24, 25 and 26.

(2) The provisions of the Act set out in subsection (1) are designated only to the extent that they apply to the administration and enforcement of the provisions of Regulation 761 of the Revised Regulations of Ontario, 1990 designated under sections 2 and 3.  O. Reg. 121/98, s. 1.

2. (1) Subject to subsections (2) and (3), the following provisions of Regulation 761 of the Revised Regulations of Ontario, 1990 are designated as designated legislation to the extent that they relate to the quality of milk or cream:

1. Sections 1 to 39.

2. Subsections 44 (1) and (3).

3. Subsections 45 (1) and (2).

4. Subsections 46 (1), (2), (3) and (4).

5. Sections 47, 48 and 49.

6. Subsections 51 (1) and (4).

7. Sections 52, 53, 54 and 55.

8. Clauses 56 (1) (a) and (b).

9. Section 57.

10. Subsections 64 (1), (2) and (3).

11. Sections 65 and 75.

12. Clauses 88 (1) (c) and (f).

13. Subsections 88 (2), (3), (4), (4.1) and (5).

14. Section 89.

15. Subsection 90 (3).

16. Sections 91, 92, 93 and 94.  O. Reg. 121/98, s. 2 (1); O. Reg. 273/12, s. 1.

(2) The following provisions designated under subsection (1) are exempt from the designation in respect of the matters set out in the paragraphs:

1. Subclause 5 (1) (a) (ii), clause 5 (1) (h) and subsection 52 (1.1) in respect of the Director’s approval of a laboratory.

2. Section 1, subclause 5 (1) (a) (ii), clause 5 (1) (h), subsection 52 (1) and subsection 54 (2) in respect of the Director’s approval of an official method of testing milk or cream.

3. Subsection 38 (6) in respect of the Director’s approval of the amount of a sample of milk.  O. Reg. 121/98, s. 2 (2); O. Reg. 431/98, s. 1; O. Reg. 281/09, s. 1; O. Reg. 250/10, s. 1.

(3) The following provisions designated under subsection (1) are designated with the limitations set out in the paragraphs:

1. Section 1 only in respect of its application to the administration and enforcement of the other provisions designated under subsection (1).

2. Subsection 51 (1) only in respect of its application to bulk tank milk graders.

3. Subsections 88 (2), (3), (4), (4.1) and (5) and sections 89, 91, 92, 93 and 94 only in respect of their application to applicants for certificates as bulk tank graders or apprentice bulk tank graders.  O. Reg. 121/98, s. 2 (3).

3. Dairy Farmers of Ontario is designated as the administrative authority for the purpose of administering and enforcing the legislation designated under sections 1 and 2 to the extent that it applies to milk from cows and to farm-separated cream.  O. Reg. 121/98, s. 3.

 

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