Note: This is not guaranteed to be a comprehensive list. See also “Ontario Consolidated Laws, E-Laws website” and “Dairy Farmers of Ontario, Regulations and the Milk Act”
Relevant Acts and Regulations:
- Farm Products Marketing Act [RSO 1990, Ch. F.9]
- Health Protection and Promotion Act, [RSO 1990, c H.7
- Food Premises Regulation [Reg. 562/1990]
- Milk Act [RSO 1990, c M.12]
- Administration and Enforcement of Regulations In Respect Of the Raw Milk and Cream Quality Program [Reg. 121/1998]
- Milk and Milk Products Regulation [Reg. 761/1990]
- Grades, Standards, Designations, Classes, Packing and Marking Regulation
- Milk And Farm-Separated Cream — Marketing Regulation [Reg. 354/1995]
- Ministry of Agriculture, Food and Rural Affairs Act [RSO 1990, c M.16]
- Commodity Boards and Marketing Agencies Act [RSO 1990, c. C.19]
- Levies — Milk [Reg. 253/2004]
1. In this Act,
“farm product” means animals, meats, eggs, poultry, wool, dairy products, grains, seeds, fruit, fruit products, vegetables, vegetable products, maple products, honey, tobacco, wood, or any class or part of any such product, and articles of food or drink manufactured or derived in whole or in part from any such product, and such other natural products of agriculture as are designated in the regulations, and, for the purposes of this Act, fish shall be deemed to be a farm product; (“produit agricole”)
“marketing” includes advertising, assembling, buying, financing, offering for sale, packing, processing, selling, shipping, storing and transporting and “market” and “marketed” have corresponding meanings; (“commercialisation”, “commercialiser”, “commercialisé”)
“plan” means a plan to provide for the control and regulation of the producing or marketing or both of a farm product that is in force under this Act, and includes a scheme approved under any predecessor of this Act; (“plan”)
“regulated product” means a farm product in respect of which a plan is in force;
Purpose of Act
2. The purpose of this Act is to provide for the control and regulation in any or all aspects of the producing and marketing within Ontario of farm products including the prohibition of such producing or marketing in whole or in part.
Unpasteurized or unsterilized milk
18. (1) No person shall sell, offer for sale, deliver or distribute milk or cream that has not been pasteurized or sterilized in a plant that is licensed under the Milk Act or in a plant outside Ontario that meets the standards for plants licensed under the Milk Act.
(2) No person shall sell, offer for sale, deliver or distribute a milk product processed or derived from milk that has not been pasteurized or sterilized in a plant that is licensed under the Milk Actor in a plant outside Ontario that meets the standards for plants licensed under the Milk Act.
(3) Subsection (1) does not apply in respect of milk or cream that is sold, offered for sale, delivered or distributed to a plant licensed under the Milk Act.
Milk and Milk Products
42. (1) Milk products shall be pasteurized or made from milk that has been pasteurized by heating the milk product to a temperature of at least,
(a) 63° Celsius and holding it at that temperature for not less than thirty minutes; (b) 72° Celsius and holding it at that temperature for not less than sixteen seconds; or (c) such temperature other than a temperature referred to in clause (a) or (b) for such period of time that will result in the equivalent destruction of pathogenic organisms and phosphatase.
1. In this Act,
“distributor” means a person engaged in selling or distributing fluid milk products directly or indirectly to consumers; (“distributeur”)
“marketing” includes advertising, assembling, buying, distributing, financing, offering for sale, packing, processing, selling, shipping, storing and transporting and “market” and “marketed” have corresponding meanings; (“commercialisation”, “commercialiser”, “commercialisé”)
“milk” means milk from cows or goats; (“lait”)
“milk product” means any product processed or derived in whole or in part from milk, and includes cream, butter, cheese, cottage cheese, condensed milk, milk powder, dry milk, ice cream, ice cream mix, casein, malted milk, sherbet and such other products as are designated as milk products in the regulations; (“produit du lait”)
“processing” means heating, pasteurizing, evaporating, drying, churning, freezing, packaging, packing, separating into component parts, combining with other substances by any process or otherwise treating milk or cream or milk products in the manufacture or preparation of milk products or fluid milk products; (“transformation”)
“processor” means a person engaged in the processing of milk products or fluid milk products; (“préposé à la transformation”)
“producer” means a producer of milk, cream or cheese; (“producteur”)
“regulated product” means milk, cream or cheese, or any combination thereof, in respect of which a plan is in force; (“produit réglementé”)
6.1 Subject to the Minister’s approval, the Commission may make regulations amending plans for the control and regulation of the producing and marketing within Ontario, or any part of it, of milk, cream or cheese, or any combination of them, and constituting marketing boards to administer those plans.
Regulations with respect to regulated products
7. (1) The Commission may make regulations with respect to regulated products generally or to any regulated product, and, without limiting the generality of the foregoing, may make regulations,
1. providing for the licensing of any or all persons before commencing or continuing to engage in the producing, processing or marketing of a regulated product;
2. prescribing or providing for classes of licences and the imposition of terms and conditions on any class of licence;
3. providing that the Commission or marketing board may impose such terms and conditions upon a licence as the Commission or marketing board considers proper;
4. prohibiting persons from engaging in the producing, marketing or processing of any regulated product except under the authority of a licence and except in compliance with the terms and conditions of the licence; …..
Milk Act, Administration and Enforcement of Regulations In Respect Of the Raw Milk and Cream Quality Program
3. Dairy Farmers of Ontario is designated as the administrative authority for the purpose of administering and enforcing the legislation designated under sections 1 and 2 to the extent that it applies to milk from cows and to farm-separated cream.
3. No producer shall sell or offer for sale milk or cream that is not produced, handled and stored in accordance with this Regulation.
18. No person shall buy, sell, offer for sale, have in possession for sale, manufacture for sale or distribute for sale a milk product or a fluid milk product unless it complies with this Regulation or it is a new milk product or a new fluid milk product that the Commission allows, subject to those conditions it may impose, to be manufactured and sold on a temporary basis.
22. A milk product or a fluid milk product having a composition other than as permitted by this Regulation, that is found on the premises of a manufacturer, wholesaler or retailer, shall be deemed to be for sale if it is, (a) packaged in consumer-sized containers; or (b) in bulk or in containers other than consumer-sized containers and is not labelled “Not for Sale”.
2. Application of Regulation
This Regulation provides for the control and regulation in any or all respects of the producing or marketing within Ontario of milk and farm-separated cream, including the prohibition of that producing or marketing in whole or in part..
The Commission exempts from this Regulation milk consumed on the farm on which the milk is produced and not sold.
Ontario Farm Products Marketing Commission
12. (1) The commission known as the Ontario Farm Products Marketing Commission is continued as a body corporate under the name Ontario Farm Products Marketing Commission in English and Commission de commercialisation des produits agricoles de l’Ontario in French and shall consist of not fewer than three persons appointed by the Lieutenant Governor in Council.
Directives to Commission
13. (1) The Minister may issue written directives to the Ontario Farm Products Marketing Commission establishing objectives to be achieved by the Commission in relation to administrative and policy matters that are the responsibility of the Commission under the Farm Products Marketing Act or the Milk Act, including matters relating to,
(a) the regulation and control of the production and marketing of farm products, milk, cream or milk products;
(b) the local boards and marketing boards under those two Acts, their powers and relations between the Commission and the boards; and
(c) the conduct of the affairs of the Commission, its practices and procedures.
(2) A directive may apply only with respect to,
(a) milk, cream or any specified farm product or milk product or class of such products;
(b) any specified class of persons engaged in the producing, processing or marketing of milk, cream, milk products or farm products; or
(c) a specified local board or marketing board or class of local board or marketing board.
Commodity Boards and Marketing Agencies Act, Levies — Milk [Reg. 253/2004]
1 In this Regulation,
“commodity board” means the marketing board known as the Dairy Farmers of Ontario that is continued under the regulations made under the Milk Act
“milk” means milk produced in Ontario from cows.
2. (1) Subject to subsection (2), the following authority is granted to the commodity board, in relation to the marketing of milk locally within Ontario:
1. The authority to fix, impose and collect levies or charges from persons engaged in the production or marketing of milk in Ontario.
2. For the purposes of paragraph 1, the authority to classify persons into groups, to fix the levies or charges payable by the members of the different groups in different amounts and to use the levies or charges for the purposes of the commodity board, including the creation of reserves, the payment of expenses and losses resulting from the sale or disposal of any milk and the equalization or adjustment among producers of milk of money realized from the sale of milk during the periods that the commodity board determines.
(2) The commodity board shall fix, impose and collect levies under subsection (1) only on,
(a) milk marketed by a producer in excess of the quota that the commodity board has fixed and allotted to the producer under the Milk Act; and
(b) milk marketed by a producer to whom the commodity board has not fixed and allotted a quota under the Milk Act.
(3) The commodity board shall deduct from the money payable to a producer all levies payable by the producer to the commodity board under subsection (1).
Note: Information updated as of May 10, 2016. Please check original websites for current versions.
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