O. Reg. 443/04: Grades, Standards, Designations, Classes, Packing and Marking

 

ontario regulation 443/04

made under the

Milk Act

Made: December 23, 2004
 Filed: December 24, 2004
Printed in The Ontario Gazette: January 8, 2005

Amending Reg. 753 of R.R.O. 1990

(Grades, Standards, Designations, Classes, Packing and Marking)

1. Section 3 of Regulation 753 of the Revised Regulations of Ontario, 1990 is amended by adding “filled milk products within the meaning of subsection 4 (3)” after “double cream” and by striking out “section 4” and substituting “subsection 4 (1)”.

2. (1) Paragraph 3 of section 4 of the Regulation is amended by adding “not less than 51 per cent by volume of milk in any form, and” at the end of the portion before subclause (i).

(2) Paragraph 4 of section 4 of the Regulation is revoked and the following substituted:

4. Dairy-edible oil spread within the meaning of subsection (2).

5. Filled milk products within the meaning of subsection (3).

6. Products reprocessed from a product described in paragraph 1, 2, 3, 4 or 5.

(3) Section 4 of the Regulation is amended by adding the following subsections:

(2) Dairy-edible oil spread is a spread that,

(a) is derived from milk or a component of milk in any form;

(b) contains a fat or oil other than milk-fat; and

(c) resembles or is intended to be used as a substitute for butter.

(3) Subject to subsection (4), a filled milk product is any of the following products where it is processed from milk or from milk and a component of milk in any form and contains a fat or oil other than milk-fat:

1. A milk or cream that is in a fluid form including, but not limited to, buttermilk, double cream, flavoured cream, flavoured milk, flavoured partly-skimmed milk, flavoured skim-milk, partly-skimmed milk, skim-milk, table cream, and whipping cream.

2. Any milk beverage that contains not less than 51 per cent by volume of milk in any form.

(4) The following are not filled milk products within the meaning of subsection (3):

1. A milk product described in paragraph 2 of subsection (1).

2. A milk beverage described in paragraph 3 of subsection (1).

3. (1) Clause 5 (2) (g.1) of the Regulation is amended by striking out “section 4” in the portion before subclause (i) and substituting “subsection 4 (1)”.

(2) Section 5 of the Regulation is amended by adding the following subsections:

(6) Subject to subsections (7) and (8), a fluid milk product shall not contain a fat or oil other than milk-fat.

(7) Where a flavouring is a permitted ingredient of a fluid milk product under clause (2) (c.1), (d), (e) or (f), the fluid milk product may contain up to 0.5 per cent by weight of oil or fat other than milk-fat when contained in a flavouring agent.

(8) A fluid milk product that is a milk beverage described in paragraph 3 of subsection 4 (1) may contain,

(a) up to 0.5 per cent by weight of oil or fat other than milk-fat when contained in a flavouring agent; and

(b) in addition to the oil or fat mentioned in clause (a), up to 0.5 per cent by weight of oil or fat other than milk-fat, if the oil or fat contains omega-3 polyunsaturated fatty acids and its inclusion in the milk beverage would allow a person to make a nutrient content claim that the milk beverage is a source of omega-3 polyunsaturated fatty acids.

4. Section 13 of the Regulation is amended by adding the following subsections:

(4) Dairy-edible oil spread,

(a) shall contain not less than 80 per cent by weight of total fats or oils of which milk-fat shall make up not less than 50 per cent by weight; and

(b) may contain any ingredient that is required or permitted to be included in margarine under subclause (b) (ii) and clause (c) of article B.09.016 of the Food and Drug Regulations made under the Food and Drugs Act (Canada).

(5) Subject to subsection (6), a dairy-edible oil spread or its container shall be clearly marked or labelled to indicate the following, expressed as a percentage of the weight of total fats or solids:

1. The per cent weight of milk-fat.

2. The per cent weight of oil or fat other than milk-fat.

(6) Where a dairy-edible oil spread is comprised of butter and margarine within the meaning of subsection (7), the spread or its container may, instead of meeting the requirements set out in subsection (5), be marked or labelled to indicate the following, expressed as a percentage of the total weight of the product:

1. The per cent weight of butter.

2. The per cent weight of margarine.

(7) Margarine, for the purposes of subsection (6), means a plastic or fluid emulsion of water in oil or fat other than milk-fat, whether or not it contains an ingredient that is required or permitted to be included in margarine under Article B.09.016 of the Food and Drug Regulations made under the Food and Drugs Act (Canada), that,

(a) is intended to be used as a substitute for butter; and

(b) contains not less than 80 per cent by weight of oil or fat.

5. This Regulation comes into force on the later of January 1, 2005 and the day it is filed.

Made by:

Ontario Farm Products Marketing Commission:

Dave Hope

Chair

Gloria Marco Borys

Secretary

Date made: December 23, 2004.