Guidelines for non-shopkeeper distributors of fluid milk products
Learn about the licensing, application and inspection process for non-shopkeeper-distributors of fluid milk products in Ontario.
Types of distributors
In Ontario, the distribution of fluid milk products is regulated under the Milk Act and Regulation 761 — Milk and Milk Products. This helps to ensure these products stay safe and high quality until they reach consumers. A distributor is any person who sells or distributes fluid milk products directly or indirectly to consumers. The classes of distributors are:
- shopkeeper-distributors
- non-shopkeeper-distributors
Shopkeeper-distributors
A shopkeeper-distributor is the operator of a shop who buys fluid milk products from a non-shopkeeper-distributor and sells or distributes most of their fluid milk products directly to consumers from the shop premises. Shopkeeper-distributors are subject to inspection by local public health units under the authority of the Health Protection and Promotion Act and Regulation 493/17 — Food Premises.
Non-shopkeeper-distributors
A non-shopkeeper-distributor is a person who sells or distributes fluid milk products directly or indirectly to consumers, but does not meet the definition of a shopkeeper-distributor. Non-shopkeeper-distributors are typically wholesalers (someone who purchases product for resale) who sell most of their fluid milk products to other distributors such as shop retailers.
In Ontario, non-shopkeeper-distributors must be licensed by the Ministry of Agriculture, Food and Rural Affairs (OMAFRA) under the authority of the Milk Act. OMAFRA food safety inspectors conduct inspections of delivery vehicles and storage locations (depots) to verify compliance with regulatory requirements and make recommendations for licensing.
Licensing requirements
A non-shopkeeper-distributor licence is required if you:
- sell or distribute fluid milk products and do not operate a shop
- operate a shop, and less than 50% by volume of your fluid milk products are sold directly to consumers from your shop
- are a fluid milk distributor and you don’t buy your milk products from a licensed non-shopkeeper-distributor
How to apply
You must fill out an application form and pass an inspection of your milk storage locations and vehicles before a licence can be issued.
Fill out and submit a completed Application for a Non-shopkeeper-distributor licence.
Once your completed application is received, a food safety inspector from the Inspection Programs Unit will contact you to arrange an inspection of your storage locations and vehicles.
Inspections
Milk storage locations and delivery vehicles are inspected before a new non-shopkeeper-distributor licence is issued.
Inspections may also be conducted at any time following licensing. Failure to maintain requirements may result in your licence being suspended or revoked.
Inspection criteria
The following is a summary of the inspection criteria used by food safety inspectors to evaluate storage locations and delivery vehicles for compliance. These requirements are based on Regulation 761 — Milk and Milk Products under the Milk Act and Regulation 493/17 — Food Premises under the Health Protection and Promotion Act.
Structure and maintenance
To meet structure and maintenance requirements:
- openings and doors must be tight-fitting
- gaskets on doors and openings must be maintained to prevent the entry of pests and outside contaminants
- holes and cracks must be repaired promptly to prevent entrance of pests and reduce temperature fluctuations
- interior surfaces must be made of material that can be easily cleaned and sanitized
- light fixtures must be in good repair and light bulbs protected with shatterproof covers or coatings
- storage location shelves, racks and pallets, must be kept clean and in good condition
Refrigeration units
Refrigeration units must:
- be turned on and working when used to store fluid milk products (includes refrigerated storage rooms and delivery vehicles)
- always keep fluid milk products at a temperature between 0 and 4°C
- be kept clean
- be drained of condensate as necessary
Temperature control
To meet temperature control requirements:
- fluid milk products must be kept between 0 and 4°C throughout transit
- reefer units must operate properly to keep fluid milk products between 0 and 4°C even in extremely hot weather (consider heating units if needed to prevent freezing)
- storage locations and delivery vehicles must be equipped with accurate, easy-to-read thermometers
Product condition and handling
Protect fluid milk products from any potential contamination such as:
- exposure to toxic substances
- vermin
- any other foreign object or thing that could reduce product safety or quality
Keep container surfaces clean and in good condition. Any leaking products should be removed immediately, and spills thoroughly cleaned up.
Any delivery vehicle or container that is also used for transporting non-dairy or non-food products, must be effectively cleaned and sanitized before transporting fluid milk products.
Segregation from non-dairy products
Fluid milk products and milk products must be adequately segregated from non-dairy products to protect them from contamination.
Fluid milk products are ready-to-eat products that must be protected from absorbing strong odours from products such as citrus fruits and onions. Product packaging must also be protected from exterior contamination by splashes or spills.
Acceptable means of segregating fluid milk products from non-dairy products include:
- a physical barrier, such as a:
- separate container such as a cooler or enclosed skid
- solid washable bulkhead or partition
- waterproof and odour-proof barrier such as metal, rubber or plastic
- wrapped skids or pallets of product, using plastic or some other waterproof and odour-proof material
- enough space to prevent contamination of fluid milk products if a potential contaminant such as raw meat or poultry falls over
Handling of returns
Fluid milk products may be returned from a retailer to a processing plant for several reasons including:
- expired shelf life
- customer complaints
- recalls
Returns may contaminate your delivery vehicle or other dairy products in your care. Properly identify and segregate returns from other food products during transport and have them removed as soon as possible. Thoroughly clean, and if necessary, sanitize delivery vehicles after handling returns.
Receiving and renewing your licence
Once your business is inspected, and if it meets the inspection criteria, your new licence will be processed and sent to you.
Non-shopkeeper-distributor licences must be renewed at least every 3 years. Licensed non-shopkeeper-distributors will receive an email reminder with instructions for renewal prior to the expiry date.
To renew your licence, fill out and submit an Application for a Non-shopkeeper-distributor licence.
Completed application forms must be submitted at least 60 days before a licence expires to remain in compliance. Operating as a non-shopkeeper-distributor without a current licence is prohibited and subject to penalty.
A new licence will be sent to you once your completed application is received and approved by the Director under the Milk Act.
Ceasing operations
If you cease to carry on business as a non-shopkeeper-distributor you must immediately contact OMAFRA at dairyfoodsafety@ontario.ca to surrender your licence. A non-shopkeeper-distributor licence cannot be transferred to another business. If you sell your business the new operator must submit a new application for a non-shopkeeper-distributor licence.
If you have any further questions, please email dairyfoodsafety@ontario.ca.
Provincially licensed non-shopkeeper-distributors of fluid milk products
Once licensed, your business name and address will be added to the Government of Ontario’s list of provincially licensed non-shopkeeper-distributors.
Fluid milk products and milk beverages
For more information on fluid milk products refer to Regulation 753 — Grades, Standards, Designations, Classes, Packing and Marking of the Milk Act.
Fluid milk products
Fluid milk products include:
- buttermilk
- cream
- double cream
- flavoured cream
- flavoured milk
- flavoured partly-skimmed milk
- flavoured skim-milk
- milk
- milk beverages
- partly-skimmed milk
- skim-milk
- table cream
- whipping cream
Milk beverages
A milk beverage is a milk product containing not less than 51% milk, and containing no more than 0.5% non-milk fat or oil when:
- the non-milk fat or oil is contained in a flavouring agent, or
- the non-milk fat or oil contains omega-3 polyunsaturated fatty acids and allows a product nutrient content claim to be made accordingly
In addition, milk beverages may contain:
- added fruit
- fruit pulp
- fruit juices
- vegetables
- vegetable pulp
- vegetable juices
- nuts
- carbon dioxide
- bacterial cultures
- salt
- pH adjusting agents
- stabilizers
- sweeteners
- lactase
- flavouring
- food colouring
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