Regulation - Other

Proposed revisions to Regulation 753 (Grades, Standards, Designations, Classes, Packing and Marking) under the Milk Act.

Regulation Number(s):
Regulation 753 (Grades, Standards, Designations, Classes, Packing and Marking)
Instrument Type:
Regulation - Other
Bill or Act:
Milk Act
Summary of Decision:
The amendments to R.R.O. 1990 Regulation 753 (Grades, Standards, Designations, Classes, Packing and Marking) under the Milk Act, as proposed above, were approved by the Ontario Farm Products Marketing Commission on December 18, 2012. The regulatory amendments were filed with the Registrar of Regulations on December 21, 2012 and come into force on May 1, 2013.
Further Information:
Proposal Number:
12-AFRA011
Posting Date:
November 1, 2012
Summary of Proposal:
Regulation 753 (Grades, Standards, Designations, Classes, Packing and Marking) under the Milk Act, establishes various classes of milk. The classes of milk are intended to be the same as the national Harmonized Milk Classification System. Milk is classified (and priced) according to its end use. Dairy processors report milk utilization by milk class, and provincial and national audit standards and programs are also based on the national HMCS.

The Canadian Milk Supply Management Committee (CMSMC) proposed changes to Classes 1, 2 and 3 The changes provide for the separate reporting and ability to track and audit milk utilization by individual subclass. Dairy products in subclasses 2a and 3a will have milk allocated on demand. Currently milk is allocated to processors through processor quota for products in class 2a and 3a.

As well, the CMSMC determined that certain products utilizing Milk Protein Concentrates (MPC) would be moved from Class 4a1 to Class 4m. The MPC would be made available through a permit issuance system administered by the Canadian Dairy Commission. The eligible products include nutriceuticals and pet food products, cheddar cheese, and certain other standardized cheeses.

The proposed changes to the milk classes table in Section 11 of Regulation 753 are needed to make the table consistent with the national Harmonized Milk Classification System. The proposed changes are:

- milk shakes produced for retail sale are currently classified as a Class 2 product and will be reclassified as Class 1
- create a Class 2a for all types of yogurts (excluding frozen yogurt), including kefir, lassi and other fermented milk products
- create a Class 2b for all remaining products currently in Class 2
- amend Class 3a so that it excludes any cheese listed in Class 3b or 3c
- create a Class 3c that would include a list of cheeses, determined by criteria established by the CMSMC
- change the description in Class 4a1 to remove milk used to process nutriceuticals, since milk used for that purpose is now classified under Class 4(m)
- include in Class 4a1 "skim milk (dry or liquid)" to be used in making unstandardized processed cheese type product.
Contact Address:
John Fitzgerald
Marketing Analyst
OFPMC
1 Stone Road West, Guelph ON N1G 4Y2
Phone: 519-826-3222
Fax: 519-826-3400
Effective Date:
May 1, 2013
Decision:
Approved