O. Reg. 202/19: MILK AND MILK PRODUCTS
filed June 14, 2019 under Milk Act, R.S.O. 1990, c. M.12
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made under the
Milk Act
Made: June 12, 2019
Filed: June 14, 2019
Published on e-Laws: June 14, 2019
Printed in The Ontario Gazette: June 29, 2019
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 definition:
“consumer” means an individual who is acting other than in the course of carrying on business; (“consommateur”)
2. The Regulation is amended by adding the following section:
1.2 (1) This Regulation does not apply to the operator of a plant with respect to the plant if,
(a) all milk and every milk product received for processing at the plant or processed at the plant has been pasteurized or sterilized at a plant that,
(i) is located in Ontario and licensed under the Act, or
(ii) is located outside of Ontario but meets standards with respect to pasteurization and sterilization that are equivalent to the standards applicable at a plant licensed under the Act; and
(b) one of the following requirements is satisfied:
(i) none of the milk products listed in subsection (2) are processed at the plant,
(ii) at least one of the milk products listed in subsection (2) is processed at the plant and all milk products processed at the plant,
(A) are sold, offered for sale or transferred only to persons who are consumers, and
(B) remain under the control of the operator of the plant until they reach the consumer.
(2) Clause (1) (b) applies to a milk product only if it is a fluid milk product, cream, butter, cheese, cottage cheese, condensed milk, milk powder, dry milk, ice cream, ice cream mix, casein, malted milk, sherbet or such other product as is designated as a milk product in a regulation made under the Act.
(3) Despite anything else in this Regulation, the operator of a plant who is exempt from this Regulation under subsection (1) is also exempt from the requirements of sections 14 and 15 of the Act with respect to that plant.
3. The French version of section 75 of the Regulation is amended by striking out “l’exploitant d’usine” and substituting “l’exploitant d’une usine”.
4. (1) Clauses 77 (1) (a) and (b) of the Regulation are revoked and the following substituted:
(a) the floors of all rooms in which milk or milk products are handled, processed or stored are of concrete or other material impervious to liquids and, except if there is no risk of liquid accumulation on the floor, have adequate slope towards a floor drain;
(b) each room in which milk or milk products are processed or stored has a trapped drain capable of draining any liquids from the floor, except if there is no risk of liquid accumulation on the floor;
(2) Clause 77 (1) (d) of the Regulation is revoked and the following substituted:
(d) moisture accumulation on ceilings, walls, overhead lines and overhead equipment is avoided when the plant is operational;
(3) Clause 77 (1) (n) of the Regulation is revoked and the following substituted:
(n) plants receiving milk have a pump capable of unloading milk from a tank truck;
5. Subsection 78 (2) of the Regulation is revoked.
6. Section 80 of the Regulation is amended by adding the following subsections:
(1.1) If there is a risk of liquid accumulation on the floor of a room where milk, cream or milk products are handled, processed or stored, the floors and drains in the room shall be maintained in a manner that allows for the draining of liquids from the floor.
(1.2) The handling, processing or storing of milk, cream or milk products shall be carried on in such a location and in such a manner that moisture does not accumulate on ceilings, walls, overhead lines and overhead equipment within the plant.
7. Subsection 112.1 (2) of the Regulation is revoked.
Commencement
8. 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 :
Jim Clark
Chair / Président
David Hagarty
Secretary to the Commission / Secrétaire de la Commission
Date made: June 12, 2019
Pris le : 12 juin 2019