O. Reg. 473/00: MILK AND MILK PRODUCTS

 

ONTARIO REGULATION 473/00

made under the

Milk Act

Made: August 9, 2000
Filed: August 17, 2000

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

(Milk and Milk Products)

1. Sections 111 and 112 of Regulation 761 of the Revised Regulations of Ontario, 1990 are revoked.

2. Section 112.1 of the Regulation is revoked and the following substituted:

112.1 (1) A person who carries on business as a distributor is exempt from subsection 15 (2) of the Act with respect to the distribution of unhomogenized milk with a minimum butterfat content of 3.8 per cent that is sold or processed for sale to a consumer in a container of 20 litres or more containing no internal gradations.

(2) In subsection (1),

“consumer” means an individual who is acting other than in the course of carrying on business.

3. Section 113.1 of the Regulation is amended by adding the following subsection:

(3) A license as a shopkeeper–distributor only permits the selling or distribution of fluid milk products on the shop premises operated by the holder of the licence.

4. (1) Clause 114 (4) (c) of the Regulation is revoked.

(2) Clause 114 (4) (e) of the Regulation is amended by striking out “in the distribution area, municipality or part thereof designated on the licence”.

(3) Subsection 114 (4.1) of the Regulation is amended by striking out “in the distribution area, municipality or part thereof designated on the licence”.

(4) Subsection 114 (5) of the Regulation is revoked and the following substituted:

(5) A licence to carry on business as a non–shopkeeper–distributor expires three years after the effective date of the licence or upon such earlier date as is fixed by the Director.

(5) Clause 114 (6) (b) of the Regulation is amended by striking out “in the distribution area, municipality or part thereof designated on the licence”.

(6) Clause 114 (6) (c) of the Regulation is amended by striking out “in the distribution area, municipality or part thereof designated on the licence”.

5. Section 114.1 of the Regulation is revoked and the following substituted:

114.1 A non–shopkeeper–distributor shall only hold one licence in respect of all locations at which the distributor carries on business as a non–shopkeeper–distributor.

6. Section 115 of the Regulation is revoked.

7. (1) Clauses 116 (d), (e) and (e.1) of the Regulation are revoked and the following substituted:

(d) where, in the opinion of the Director, the area in which the applicant intends to deliver, sell or distribute fluid milk products is already adequately served;

(e) where, in the opinion of the Director, regular service of fluid milk products to consumers in the area in which the applicant intends to deliver, sell or distribute fluid milk products should be provided or continued, and the applicant will not provide or continue such service;

(e.1) where, in the opinion of the Director, the applicant will not distribute a full range of fluid milk products in relation to the needs of customers in the area in which the applicant intends to deliver, sell or distribute fluid milk products;

(2) Clause 116 (f) of the Regulation is revoked and the following substituted:

(f) where, in the opinion of the Director, the existing relationship between producers and distributors in the area in which the applicant intends to deliver, sell or distribute fluid milk products should be continued;

8. (1) Clause 122 (1) (b) of the Regulation is revoked and the following substituted:

(b) where so required by the Director, the holder of the licence provides or continues regular delivery service of fluid milk products to consumers in the area in which the applicant delivers, sells or distributes fluid milk products;

(2) Clause 122 (1) (d) of the Regulation is revoked and the following substituted:

(d) the holder of the licence notifies the Director in writing of all changes in the description of the locations at which the holder carries on business as a non–shopkeeper–distributor;

(3) Clause 122 (1) (f) of the Regulation is revoked and the following substituted:

(f) the holder of the licence distributes a full range of fluid milk products in relation to the needs of customers in the area in which the applicant delivers, sells or distributes fluid milk products;

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

124. No person shall obtain fluid milk products for resale or distribution from any person who is not a holder of a licence as a distributor under the Act.

Ontario Farm Products Marketing Commission:

Rod Stork

Chair

Gloria Marco Borys

Secretary

Dated on August 9, 2000.