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O. Reg. 634/00: MILK AND MILK PRODUCTS

filed December 11, 2000 under Milk Act, R.S.O. 1990, c. M.12

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ONTARIO regulation 634/00

made under the

milk act

Made: September 21, 2000
Filed: December 11, 2000

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

(Milk and Milk Products)

1. Clause 5 (1) (g) of Regulation 761 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:

(g) has an abnormal freezing point as described in subsection 52 (5);

2. Subsection 37 (1) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(1) Before transferring any milk from a farm bulk tank to a tank-truck, a bulk tank milk grader shall examine the milk in the farm bulk tank and, if he or she determines that the milk examined either before or during the transfer should be rejected, the bulk tank milk grader shall cease or refuse the transfer of the milk to the tank-truck, as the case may be, and shall,

. . . . .

3. (1) Clause 52 (1) (b) of the Regulation is revoked and the following substituted:

(b) may be tested for its freezing point at any time by a freezing point test to determine if the milk has an abnormal freezing point as described in subsection (5),

. . . . .

(2) Subsection 52 (5) of the Regulation is revoked and the following substituted:

(5) A freezing point test reading of -0.524 Hortvet or higher shall be deemed to be an abnormal freezing point.

4. (1) Subsection 55 (3.2) of the Regulation is revoked and the following substituted:

(3.2) If a truckload of milk cannot be marketed because of the presence of a foreign substance, and the milk of a producer with milk in the truckload is found to contain the foreign substance, the producer 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.

(3.3) If more than one producer is liable under subsection (3.1) or (3.2) in respect of the same truckload, each producer is liable in the same proportion that the producer’s milk has to the volume of the damaged milk.

(2) Subsection 55 (4) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(4) Where the milk of a producer is tested under clause 52 (1) (b) and found to have an abnormal freezing point as described in subsection 52 (5), the producer is, in respect of the milk marketed in the same month as the milk that was tested, liable to a penalty of,

. . . . .

(3) Subsection 55 (5) of the Regulation is revoked and the following substituted:

(5) Where a fieldperson finds that the milk of a producer is produced from animals or on premises or with equipment that does not comply with sections 3 to 34, the producer is, in respect of the milk marketed during the month the finding of non-compliance is made, liable to a penalty of,

(a) $2 per hectolitre in the case of a first penalty;

(b) $4 per hectolitre in the case of a second penalty; and

(c) $8 per hectolitre in the case of a third or subsequent penalty,

incurred within any twelve-month period.

(4) Subsection 55 (10) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(10) Where a producer incurs four penalties under subsection (5) within any twelve-month period,

. . . . .

Ontario Farm Products Marketing Commission:

Rod Stork

Chair

Gloria Marco Borys

Secretary

Dated on September 21, 2000.