Milk Act: Amendments to Regulation 761, Milk and Milk Products and Ontario Regulation 143/98, Fees — Administration and Enforcement of Delegated Legislation.
O. Reg. 143/98
Regulation - Minister
Bill or Act:
Summary of Decision:
Effective June 1, 2010, Reg. 761 and O. Reg. 143/98 under the Milk Act were amended to allow the designated administrative authority, Dairy Farmers of Ontario (DFO), to implement the system for sample collection, storage and transportation, and raw milk quality testing.
These amendments related to raw milk sampling, sample collection, storage and transportation, testing specifications and requirements, bacteria penalty structure (but not penalty amount), and provisions pertaining to the current dairy testing agreement.
Specific changes to Regulation 761 involve:
• Updating sample size, sample storage and sample temperature requirements to reflect current policies and practices.
• Updating the wording to reflect the current use of rapid test methods for confirmation of inhibitors at the farm level.
• Updating the freezing point measurement scale from Hortvet to °Celsius.
• Revising inhibitor testing requirements to allow flexibility for more risk-based monitoring.
• Updating how bacteria penalties are assessed when test results are non-compliant to account for changes in testing frequency.
Provisions pertaining to the dairy testing agreement for payment obligations by industry for sampling and testing were removed. As a result of the removal, changes to O. Reg. 143/98 were made by the Farm Products Marketing Commission to delegate the power to establish regulations to set fees for selecting, grading, rejecting, weighing, sampling and testing of milk or cream to DFO.
June 29, 2010
Summary of Proposal:
Regulatory amendments to Ontario Regulation 121/98, Administration and Enforcement of Regulations in Respect of the Raw Milk and Cream Quality Program under the Milk Act came into effect on July 27, 2009 to allow the designated administrative authority, Dairy Farmers of Ontario (DFO), to assume responsibility for approval of the laboratory to conduct certain raw cow milk quality tests (composition, somatic cell count and freezing point estimates).
Subsequent amendments to Reg. 761 and O. Reg. 143/98 under the Milk Act were required to allow DFO to implement the system for sample collection, storage and transportation, and raw milk quality testing.
These amendments, made in large part to be responsive to key issues of dairy industry stakeholders, allow industry greater oversight for certain aspects of raw cow milk quality testing that will provide the dairy industry with more information for farm-management decisions and authority over testing for producer-processor payment purposes.
Testing of raw cow milk for food safety purposes remains the responsibility of the Ontario Ministry of Agriculture, Food and Rural Affairs.
Manager, Food Safety Science
1 Stone Rd W, 5th Floor NW, Guelph ON N1G 4Y2
June 1, 2010