O. Reg. 901/21: MILK AND MILK PRODUCTS

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ontario regulation 901/21

made under the

Milk Act

Made: December 16, 2021
Filed: December 22, 2021
Published on e-Laws: December 23, 2021
Printed in The Ontario Gazette: January 8, 2022

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

(MILK AND MILK PRODUCTS)

1. Section 1 of Regulation 761 of the Revised Regulations of Ontario, 1990 is amended by adding the following definitions:

“automatic milking system” means a system for the milking of animals by which the animals may be milked at any time rather than during set milking times; (“système de traite automatique”)

“conventional bulk tank” means a farm bulk tank that is not a vertical bulk tank; (“réservoir classique”, “réservoir à lait classique”)

“conventional milking system” means a system for the milking of animals by which the animals are milked during set milking times; (“système de traite classique”)

“vertical bulk tank” means a farm bulk tank that is oriented vertically and does not have a personnel access port at the top. (“réservoir vertical”, “réservoir à lait vertical”)

2. (1) Clause 12 (3) (o) of the Regulation is amended by striking out “clause 12 (7) (f)” and substituting “clause (7) (f)”.

(2) Clauses 12 (7) (a) to (c) of the Regulation are revoked.

(3) Clause 12 (7) (f) of the Regulation is amended by striking out “in the milk house”.

3. The Regulation is amended by adding the following section:

12.1 (1) If milk, milk contact surfaces or cleaning solutions that are in contact with milk contact surfaces will be in contact with compressed air, the producer shall ensure that the compressed air is,

(a)  filtered to remove dust, insects, all other extraneous material and any source of objectionable odours; and

(b)  conveyed from the air compressor by sanitary piping.

(2) The producer shall ensure that any equipment used in connection with compressed air,

(a)  prevents siphoning or backflow of milk or other liquids or gases into the air system; and

(b)  uses food grade oil, if the equipment requires oil to be used.

4. (1) Subsection 14 (5) of the Regulation is revoked and the following substituted:

(5) No person shall use a farm bulk tank if the farm bulk tank does not comply with the requirements in this Regulation that apply to the particular type of farm bulk tank.

(2) Subsection 14 (7) of the Regulation is revoked and the following substituted:

(7) No person shall use a conventional bulk tank of such size that the milk in the tank from the first milking using a conventional milking system cannot be properly agitated.

(8) No person who uses an automatic milking system shall use a farm bulk tank of such size that the cooling requirements in section 15.1 cannot be met.

(9) No person shall operate the agitator in a farm bulk tank in a manner other than the manner recommended by the manufacturer of the tank.

5. The Regulation is amended by adding the following section:

14.1 The following are the requirements for a farm bulk tank:

1.  It must be appropriate for milk and activities conducted with milk, including cooling, agitation, storage, sampling, grading and transfer.

2.  It must be designed, constructed and maintained to prevent contamination of milk.

3.  It must be constructed of, and maintained using, materials that are suitable for a farm bulk tank and, if those materials present a risk of contamination of milk, that are,

i.  corrosion-resistant,

ii.  durable,

iii.  capable of withstanding repeated cleaning and, if necessary to prevent contamination of milk, repeated sanitizing, and

iv.  free of any noxious constituent.

4.  It must function as intended.

5.  It must be easily accessible and, if necessary for its cleaning, sanitizing, maintenance or inspection, its components must be able to be easily disassembled.

6.  Its surfaces that come into contact with milk must be smooth, free from pitting, cracks and flakes and non-absorbent, unless the surface does not present a risk of contaminating the milk.

6. Sections 15 and 15.1 of the Regulation are revoked and the following substituted:

15. (1) If there is a farm bulk tank on the producer’s premises, the following components of the farm bulk tank shall be enclosed within the milk house:

1.  The outlet valve.

2.  The personnel access port for grading milk and inspecting the bulk tank and any other components that are necessary to allow access to milk for grading or sampling, including for the aseptic collection of a representative sample.

3.  The bulk tank vent.

4.  A thermometer that complies with clause 16 (1) (d).

5.  All equipment and pipelines that are necessary to wash the inside of the farm bulk tank from within the milk house.

6.  All components that are necessary for the purpose of safely and accurately determining the volume of milk in the farm bulk tank from within the milk house.

(2) Every milk house shall,

(a)  be equipped with a properly grounded electrical outlet providing a service of 220 volts and having a capacity of 15 amperes to operate the tank-truck pump;

(b)  allow sufficient space for the inspection, cleaning, sanitizing and maintenance of the milk house and the farm bulk tank;

(c)  have sufficient room so that a bulk tank milk grader can perform their duties; and

(d)  in the case of a farm bulk tank that is not designed to extend through the wall and beyond the perimeter of the milk house, have at least 60 centimetres clear space between the tank and any other farm bulk tank, any wall or any permanent fixture or device.

(3) Despite clause (2) (a), every electrical outlet shall be of 20 ampere capacity with the on and off switch located in the milk house and a receptacle of a twist-lock design located on the outside of the milk house at a point convenient to the tank-truck operator.

(4) If there is a conventional bulk tank in the milk house, there shall be sufficient clearance between the top of the conventional bulk tank and the ceiling of the milk house to allow for,

(a)  the inspection, sampling, grading and measuring of milk in the conventional bulk tank; and

(b)  the complete removal of the internal conventional bulk tank measurement gauge, if one is used to measure the volume of milk in the conventional bulk tank.

15.1 (1) A producer shall ensure that milk in a farm bulk tank is cooled and its temperature maintained in accordance with this section.

(2) Except as otherwise provided in this section, milk in the farm bulk tank shall be maintained at a temperature of 4ºC or lower but higher than 0ºC.

(3) In the case of a conventional milking system, the following requirements apply:

1.  Milk from the first milking that enters the farm bulk tank after the tank has been emptied and cleaned shall be cooled to a temperature of,

i.  10ºC or lower within one hour after the completion of milking, and

ii.  4ºC or lower within two hours after the completion of milking.

2.  If after a first milking referred to in paragraph 1 the farm bulk tank is not emptied and cleaned and milk from a second or subsequent milking is added to the tank, the blend temperature of the milk in the tank,

i.  shall not exceed a temperature of 10ºC for more than 15 consecutive minutes while the milk is entering the tank, and

ii.  shall be cooled to a temperature of 4ºC or lower within one hour after the completion of milking.

(4) In the case of an automatic milking system, the following requirements apply:

1.  Within three hours after the farm bulk tank has been emptied, the milk shall be cooled, without freezing, to a temperature of 4ºC or lower.

2.  After the milk has initially been cooled to a temperature of 4ºC or lower, its temperature shall not exceed 4ºC for more than 15 minutes in total before the next time the tank is emptied.

(5) In the case of a farm bulk tank for which cooling is provided by a refrigeration unit powered by a generator or an internal combustion engine, the following requirements apply:

1.  Milk shall initially be cooled to within 1ºC of the temperature required under subsection (3) or (4).

2.  After the milk has initially been cooled, its temperature shall be maintained at a temperature of 5ºC or lower but higher than 0ºC.

7. (1) Subsection 16 (1) of the Regulation is revoked and the following substituted:

(1) Each farm bulk tank shall be equipped with,

(a)  one or more refrigeration systems capable of cooling milk and maintaining its temperature in the tank in accordance with the requirements in section 15.1;

(b)  an agitator capable of agitating milk in the tank, without splashing or churning, so that the milk is thoroughly mixed in five minutes;

(c)  a measuring device which is protected from the elements and by which the volume of milk in the tank may be accurately determined;

(d)  an indicating thermometer with scale divisions of at least 3 millimetres for each change of 2°C within a range of temperatures from 0°C to 50°C that measures accurately to within 1°C the temperature of the milk in the tank and located so as to register temperatures of the milk when the tank contains 20 per cent of its capacity; and

(e)  a cap on the outlet valve.

(2) Subsection 16 (2) of the Regulation is amended by adding “Subject to subsection 14 (9)” at the beginning.

(3) Subsections 16 (4) and (5) of the Regulation are amended by striking out “refrigeration unit” wherever it appears and substituting in each case “refrigeration system”.

8. (1) Subsection 18 (4) of the Regulation is revoked and the following substituted:

(4) No person shall use a measuring device to determine the volume of milk in a farm bulk tank other than a measuring device that determines the volume of milk within a tolerance of 0.25 per cent.

(2) Subsection 18 (7) of the Regulation is amended by adding “unless the person has advised the Director of the discrepancy and followed the Director’s directions to address the discrepancy” at the end.

(3) Subsection 18 (9) of the Regulation is revoked and the following substituted:

(9) In the case of milk in a conventional bulk tank, if the bulk tank milk grader cannot sample the milk using a sampling pipette and instead is required to sample the milk using a sanitized long-handled dipper in accordance with subparagraph 1 i of subsection 38 (5), the producer shall provide the bulk tank milk grader with a long-handled dipper and a container filled with sanitizing solution.

9. Sections 19 to 26 and 28 to 30 of the Regulation are revoked.

10. (1) Subsection 34.1 (7) of the Regulation is amended by striking out “refrigeration unit” and substituting “refrigeration system”.

(2) Clause 34.1 (11) (b) of the Regulation is amended by adding “Subject to subsection (11.1)” at the beginning.

(3) Section 34.1 of the Regulation is amended by adding the following subsection:

(11.1) Clause (11) (b) does not apply if agitating milk in the farm bulk tank for at least five minutes every hour would be contrary to the recommendations of the manufacturer of the tank respecting the tank’s operation.

11. (1) Subsection 37 (1) of the Regulation is revoked and the following substituted:

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

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

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

(1.0.0.1) Before leaving a producer’s premises with milk transferred from a vertical bulk tank, a bulk tank milk grader shall,

(a)  examine the milk to determine if it must be rejected under subsection 51 (1); and

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

(2) Subsection 37 (1.0.2) of the Regulation is amended by striking out “subsection (1)” and substituting “subsection (1) or (1.0.0.1)”.

(3) Subsection 37 (1.0.3) of the Regulation is amended by striking out “during the transfer of milk” and substituting “during or after the transfer of milk”.

(4) The English version of subsection 37 (1.1) of the Regulation is amended by striking out “two bulk tanks” and substituting “two farm bulk tanks”.

12. Subsection 38 (5) of the Regulation is revoked and the following substituted:

(5) The bulk tank milk grader shall take a sample in accordance with the following:

1.  In the case of milk in a conventional bulk tank, after the agitator has been in operation for at least two minutes but in any case as long as is necessary for the milk to be thoroughly mixed, the bulk tank milk grader shall do one of the following:

i.  Take a sample of the milk with a sampling pipette or, if a sampling pipette cannot be used, a sanitized long-handled dipper.

ii.  Take a sample of the milk using a method that has been approved by the Director.

2.  In the case of milk in a vertical bulk tank, after the agitator has been in operation for at least two minutes but in any case as long as is necessary for the milk to be thoroughly mixed, the bulk tank milk grader shall take a sample of the milk using a method that has been approved by the Director.

(5.1) The Director shall not approve a method for the purposes of subsection (5) unless it is an aseptic method of sample collection which produces a sample that is representative of the contents of the bulk tank.

13. The English version of subsection 48 (1) of the Regulation is amended by striking out “in a farm bulk tank” and substituting “from a farm bulk tank”.

14. (1) The French version of subsection 55 (3.1) of the Regulation is amended by striking out “passible envers” and substituting “redevable à”.

(2) The French version of subsection 55 (3.2) of the Regulation is amended by striking out “passible envers” and substituting “redevable à”.

(3) Section 55 of the Regulation is amended by adding the following subsections:

(3.2.1) If a truckload of milk containing milk transferred from a vertical bulk tank cannot be marketed because the milk is rejected under subsection 51 (1), the producer who stored milk in the vertical bulk tank is liable to the marketing board in an amount equal to the value of the milk damaged plus the cost, including transportation costs, of disposing of the milk.

(3.2.2) Subsection (3.2.1) does not apply if,

(a)  the truckload contains milk from a producer other than the producer who stored milk in the vertical bulk tank; and

(b)  the milk from the other producer is found to be the cause of the milk having been rejected.

(4) The French version of subsection 55 (3.3) of the Regulation is amended by striking out “passible” and substituting “redevable”.

(5) Subsection 55 (3.3) of the Regulation is amended by striking out “(3.1) or (3.2)” and substituting “(3.1), (3.2) or (3.2.1)”.

(6) Section 55 of the Regulation is amended by adding the following subsection:

(3.4) Subsections (3.2), (3.2.1) and (3.3) do not apply to the extent that the marketing board agrees to accept responsibility for the value of the damaged milk and the costs of disposing of the milk identified in those subsections.

(7) The French version of subsection 55 (9) of the Regulation is amended by striking out “le montant dont il est passible” and substituting “la pénalité dont il est passible ou le montant dont il est redevable”.

Commencement

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

Made by:
Pris par :

Ontario Farm Products Marketing Commission:
La Commission de commercialisation des produits agricoles de l’Ontario :

Amy Cronin

Chair FPMC / Chair de la commission

Douglas Reddick

Secretary of the Commission / Secretaire de la commission

Date made: December 16, 2021
Pris le : 16 décembre 2021

 

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