ontario regulation 139/09

made under the

milk act

Made: April 2, 2009
Filed: April 2, 2009
Published on e-Laws: April 6, 2009
Printed in The Ontario Gazette: April 18, 2009

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

(Milk and Milk Products)

1. Subsection 16 (5) of Regulation 761 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted;

(5) The farm bulk tank refrigeration unit, the agitator and the tank-truck pump must have a source of power that is sufficient to operate the farm bulk tank refrigeration unit, the agitator and the tank-truck pump in accordance with this Regulation.

2. Clause 34.1 (21) (e) of the Regulation is amended by striking out “clause 11 (11) (a)” and substituting “clause (11) (a)”.

3. Subsection 38 (18) of the Regulation is amended by striking out “a laboratory approved by the Director” at the end and substituting “a laboratory”.

4. (1) Subclause 52 (1) (a) (ii) of the Regulation is revoked.

(2) Subsection 52 (3) of the Regulation is revoked and the following substituted:

(3) At least once in each month, the milk of every producer shall be tested for somatic cell content by an official method at a laboratory approved by the Director.

(4) The somatic cell count of milk shall not equal or exceed 500,000 somatic cells per millilitre of milk.

5. Section 53 of the Regulation is revoked and the following substituted:

53. (1) Where a producer is aggrieved by the result of any test made under section 52, 54 or 57, or by the finding of a fieldperson under subsection 55 (5), the producer may so notify the Director and the Director shall, without a hearing, consider the matter and decide whether the result or finding should be confirmed, varied or rescinded.

(2) The Director shall provide written notice of the decision to the following:

1. The producer.

2. The director of the Food Inspection Branch of the Ministry of Agriculture, Food and Rural Affairs, or an alternate named by him or her.

3. The marketing board.

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

Made by:

Ontario Farm Products Marketing Commission:

Geri Kamenz

Chair

Arua Machan

Secretary to the Commission

Date made: April 2, 2009.