Regulation - Other

Amendments to R.R.O. Regulation 761 (Milk and Milk Products) under the Milk Act concerning rejection of cows' milk by a bulk tank milk grader at a farm.

Regulation Number(s):
Regulation 761 (Milk and Milk Products)
Regulation 121/98
Instrument Type:
Regulation - Other
Bill or Act:
Milk Act
Summary of Decision:
The amendments to Regulation 761 (Milk and Milk Products), as indicated above were approved by the Ontario Farm Products Marketing Commission on June 27, 2012. The complementary amendments to Regulation 121/98 (Administration and Enforcement of Regulations in Respect of the Raw Milk and Cream Quality Program) were made on September 11, 2012. The amendments were filed with the Registrar of Regulations on September 12, 2012.
Further Information:
Proposal Number:
Posting Date:
Summary of Proposal:
Under the authority of the Milk Act, the Ontario Farm Products Marketing Commission (the "Commission") approved amendments to R.R.O. Regulation 761 (Milk and Milk Products) on June 27, 2012. As a result of amending Regulation 761, a complementary amendment was also required to Ontario Regulation 121/98.

Amendment to Commission Regulation 761 (Milk and Milk Products)

Dairy Farmers of Ontario (DFO) and the Ontario Dairy Council (ODC) had asked the Commission to consider regulatory amendments providing for the rejection of cows' milk at dairy plants, and also at the farm, based on the measured temperature at the time of milk pick up from the farm or delivery of the milk to a dairy plant.

The request for the ability to reject milk at dairy plants is in response to direction dairy processors had received from the Canadian Food Inspection Agency (CFIA). The agency directed dairy plants to reject milk if it is over 6 degrees Celsius. Federally-registered plants that receive milk with a temperature higher than 6 degrees would potentially be subject to costly bacterial sampling and testing of finished dairy products. In January, 2012, the Commission approved changes allowing for the rejection of milk at dairy plants based on the load temperature of the milk.

The current regulatory amendment (second of three) requires the rejection of milk at the time of pickup from the dairy farm, if at the time of milk pick up, the temperature of the milk is higher than 10 degrees Celsius.

Complementary Amendment to Regulation 121/98

The current amendment to Regulation 761 adds to a list of provisions in Section 2 of Regulation 121/98 (a Minister's regulation) that are administered and enforced by DFO as the designated administrative authority for the Raw Milk Quality Program for cows.

Contact Address:
John Fitzgerald
Marketing Analyst
Farm Products Marketing Commission
1 Stone Road West, Guelph, Ontario N1G 4Y2
Phone: 519 826-3222
Fax: 519 826-3400
Effective Date:
September 12, 2012