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O. Reg. 62/16: GRADES, STANDARDS, DESIGNATIONS, CLASSES, PACKING AND MARKING

filed March 29, 2016 under Milk Act, R.S.O. 1990, c. M.12

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ontario regulation 62/16

made under the

Milk act

Made: March 22, 2016
Filed: March 29, 2016
Published on e-Laws: March 30, 2016
Printed in The Ontario Gazette: April 16, 2016

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

(grades, standards, designations, classes, packing and marking)

1. (1) Subsection 11 (2) of Regulation 753 of the Revised Regulations of Ontario, 1990 is amended by striking out “class 1b(ii)” and substituting “class 1(b)(ii)”.

(2) Subsection 11 (3) of the Regulation is amended by striking out “class 4d” and substituting “class 4(d)”.

(3) Subsection 11 (4) of the Regulation is revoked and the following substituted:

(4) Milk that would come within class 6 or class 4(a)(iii), but which is used to process a product in another class, is deemed to come within that other class for the purposes of the regulations made by the marketing board determining the price or prices that shall be paid for milk.

(4) The Table to section 11 of the Regulation is revoked and the following substituted:

TABLE

Item

Class

Description

1.

1(a)

Milk used to process milk, partly-skimmed milk, skim-milk, buttermilk or milk beverages for retail sale or use in a food service premises

2.

1(a)

Milk used to process flavoured milk, flavoured partly-skimmed milk or flavoured skim-milk sold at retail or used in a food service premises

3.

1(a)

Milk used to process eggnog

4.

1(b)(i)

Milk used to process cream, table cream, double cream or whipping cream for retail sale or use in a food service premises

5.

1(b)(i)

Milk used to process flavoured cream sold at retail or used in a food service premises

6.

1(b)(ii)

Milk used to process fresh cream with a butterfat content of at least 32% by weight to be used in making fresh baked goods, if the Canadian Dairy Commission has issued a class 1(b)(ii) permit for the milk

7.

1(c)

Unless the milk is described in class 6, milk used to process new milk products within the categories of products referred to in class 1(a) or 1(b)(i)

8.

1(d)

Milk used to process products within the categories of products referred to in class 1(a) or 1(b)(i), if the products are processed for sale in the Yukon, the Northwest Territories or Nunavut, or for use on a cruise ship

9.

2(a)

Milk used to process all types of yogurt including yogurt beverages, kefir and lassi but not including frozen yogurt referred to in class 2(b)

10.

2(b)

Milk used to process all types of ice cream and ice milk, ice cream mix and ice milk mix, whether frozen or not, other frozen dairy products including frozen yogurt, all types of sour cream, fudge, pudding, soup mix, caffeinate, Indian sweets, milk shake and milk shake mix

11.

2(b)

Milk used to process unhomogenized milk sold to consumers in non-graded containers of 20 litres or more

12.

3(a)

Milk used to process cheeses other than cheeses referred to in classes 3(b)(i), 3(c) and 3(d)

13.

3(a)

Milk used to process cheese curds other than stirred curd referred to in class 3(b)(i)

14.

3(b)(i)

Milk used to process cheddar cheese and cheddar-type cheeses sold fresh, stirred curd, cream cheese and creamy cheese bases or cheese mixes other than creamy cheese bases or cheese mixes used to process products referred to in another class

15.

3(b)(ii)

Milk used to process products not referred to in class 3(a), 3(b)(i), 3(c) or 3(d) made by coagulating milk, coagulating milk products or by coagulating both milk and milk products with the aid of bacteria to form a curd

16.

3(c)

Milk used to process Asiago, Brick, Canadian-style Munster (Muenster), Colby, Farmer, Feta, Gouda, Havarti, Jack, Monterey Jack, Parmesan, Swiss and all types of Mozzarella except types of Mozzarella described in class 3(d)

17.

3(d)

Milk used to process standardized Mozzarella to be used strictly on fresh pizzas by establishments registered with the Canadian Dairy Commission under terms and conditions approved by the Canadian Milk Supply Management Committee

18.

4(a)(i)

Milk used to process butter or butteroil

19.

4(a)(i)

Milk used to process yogurt powders, sour cream powders, partly-skimmed milk powders and blended milk powders where the yogurt powders, sour cream powders, partly-skimmed milk powders or blended milk powders have a milk fat content of greater than 4%

20.

4(a)(i)

Milk used to process any product not within a category of products referred to in another class

21.

4(a)(ii)

Milk used to process rennet casein (dry or curd) if the processed product is to be used in making an unstandardized processed cheese-type product

22.

4(a)(iii)

Milk used to process ultra-filtered whole milk, ultra-filtered partly-skimmed milk, diafiltered whole milk or diafiltered partly-skimmed milk

23.

4(a)(iii)

Milk used to process the following, where the following are not for retail sale: condensed whole milk, condensed partly-skimmed milk, sweetened condensed whole milk or sweetened condensed partly-skimmed milk

24.

4(b)

Milk used to process condensed milk or sweetened condensed milk for retail sale

25.

4(c)

Unless the milk is described in class 6, milk used to process new milk products, other than new milk products within the milk product categories referred to in class 1(c)

26.

4(d)

Milk inventory and accountable losses at a plant

27.

4(m)

Milk used to process milk products that are processed for the surplus removal of milk or milk components and that are not exported within the limits for subsidized exports set out in Canada’s Schedule to the World Trade Organization’s Agreement on Agriculture, if the Canadian Dairy Commission has issued a permit for the milk under the Special Milk Class Permit Program

28.

5(a)

Milk used to process cheese for further processing in Canada, other than by the confectionery sector, if the Canadian Dairy Commission has issued a permit for the milk under the Special Milk Class Permit Program

29.

5(b)

Milk used to process milk products, other than cheese, for further processing in Canada, other than by the confectionary sector, if the Canadian Dairy Commission has issued a permit for the milk under the Special Milk Class Permit Program

30.

5(c)

Milk used to process milk products for the confectionary sector, if the Canadian Dairy Commission has issued a permit for the milk under the Special Milk Class Permit Program

31.

5(d)

Milk used to process milk products that are exported within the limits for subsidized exports set out in Canada’s Schedule to the World Trade Organization’s Agreement on Agriculture, if the Canadian Dairy Commission has issued a permit for the milk under the Special Milk Class Permit Program

32.

6

Milk used to process skim-milk components or condensed skim-milk components, including ultra-filtered skim-milk, diafiltered skim-milk, condensed skim-milk, skim-milk powder, milk protein concentrate powder made from skim-milk, milk protein isolate powder made from skim-milk, whole milk powder, infant formula, edible casein and edible caseinate powders and yogurt powders, sour cream powders, partly-skimmed milk powder and blended milk powders where the yogurt powders, sour cream powders, partly-skimmed milk powder or blended milk powders have a maximum milk fat content of 4%

33.

6

Milk used to process skim-milk components or condensed skim-milk components, where the skim-milk components or condensed skim-milk components are used to make ice cream and ice milk, ice cream mix and ice milk mix, whether frozen or not, other frozen dairy products including frozen yogurt and milk shake and milk shake mix where the milk shake and milk shake mix are not for retail sale

34.

6

Milk used to process the following skim-milk components or condensed skim-milk components, where the skim-milk components or condensed skim-milk components are used as a non-cheese or non-cheese curd ingredient in the manufacture of a processed cheese or unstandardized processed cheese-type product: ultra-filtered skim-milk, diafiltered skim-milk, skim-milk powder, milk protein concentrate powder made from skim-milk or milk protein isolate powder made from skim-milk

Commencement

2. This Regulation comes into force on the later of April 1, 2016 and the day it is filed.

Made by:

Ontario Farm Products Marketing Commission:

Geri Kamenz

Chair

Mike Relf

Secretary to the Commission

Date made: March 22, 2016.