ontario regulation 163/04

made under the

milk Act

Made: June 10, 2004
Filed: June 17, 2004
Printed in The Ontario Gazette: July 3, 2004

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

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

1. Section 1 of Regulation 753 of the Revised Regulations of Ontario, 1990 is amended by adding the following definitions:

“nutrient content claim” means a nutrient content claim that may be made in accordance with article B.01.503 of the Food and Drug Regulations made under the Food and Drugs Act (Canada);

“omega-3 polyunsaturated fatty acids” means “omega-3 polyunsaturated fatty acids” as defined in article B.01.001 of the Food and Drug Regulations made under the Food and Drugs Act (Canada).

2. Section 3 of the Regulation is amended by striking out “milk beverage” and substituting “a milk beverage described in paragraph 3 of section 4”.

3. Section 4 of the Regulation is revoked and the following substituted:

4. The following products are designated as milk products:

1. Products that are processed from milk or a component of milk in any form and that contain no oil or fat other than milk-fat.

2. Products, other than milk beverages, if the products are processed from milk or a component of milk in any form and contain,

i. no more than 0.5 per cent by weight of oil or fat other than milk-fat when contained in a flavouring agent, and

ii. no fat or oil other than milk-fat, except for the oil or fat mentioned in subparagraph i.

3. A milk beverage that contains,

i. no more than 0.5 per cent by weight of oil or fat other than milk-fat when contained in a flavouring agent,

ii. in addition to the oil or fat mentioned in subparagraph i, no more than 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, and

iii. no fat or oil other than milk-fat, except for the oil or fat mentioned in subparagraph i or ii.

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

4. Clause 5 (2) (g.1) of the Regulation is amended by striking out the portion before subclause (i) and substituting the following:

(g.1) a milk beverage described in paragraph 3 of section 4,

. . . . .

Made by:

Ontario Farm Products Marketing Commission:

Rod Stork

Chair

Gloria Marco Borys

Secretary

Date made: June 10, 2004.