Amendments to Regulation 761 (Milk and Milk Products) under the Milk Act - Rejection of cow milk at the farm and dairy plants based on milk temperature.

Regulation Number(s):
Regulation 761
Ontario Regulation 121/98
Instrument Type:
Bill or Act:
Milk Act
Summary of Decision:
A more detailed set of amendments to Regulation 761 (Milk and Milk Products) under the Milk Act was originally included in the "Summary of Proposal" when the proposed regulatory amendment was first posted on the Regulatory Registry on February 11, 2011. The proposed amendments were significantly revised to focus solely on a requirement that:

The milk and cream grader at a plant may reject cow's milk that is delivered to a plant if,

- the temperature of the milk is taken with an accurate thermometer upon delivery at the plant; and
- the temperature of the milk is found to be higher than 6° C.

These amendments to Regulation 761 were approved by the Ontario Farm Products Marketing Commission on January 25, 2012. All of the other originally proposed amendments were not included in the final, approved amendments. The amendments were filed with the Registrar of Regulations on March 15, 2012.
Further Information:
Proposal Number:
Posting Date:
February 11, 2011
Summary of Proposal:
Raw cows’ milk delivered to dairy plants is sampled and graded by a Milk and Cream Grader (Grader). A Grader may reject milk at the plant for prescribed reasons but, currently, milk cannot be rejected due to temperature. Ontario is the only province that does not allow dairy processors to reject milk based on temperature. Proposed amendments would enable Graders to reject tanker loads of cows’ milk if the temperature is greater than 6 degrees Celsius (C) when milk is delivered to a dairy plant.

Regulation 761 currently requires that dairy producers have equipment capable of cooling milk at certain rates and maintaining milk within a specified temperature range. The requirements do not require that the milk itself be cooled to, or maintained at, the prescribed temperatures. The proposed amendments would revoke the equipment related temperature requirements for cows’ milk, and create new requirements for cooling and maintaining cows’ milk at prescribed temperatures. The amendments would revoke the exemption for equipment operated by a generator or an internal combustion engine from having to have an automatic control mechanism that would regulate the temperature to within 1 degree C of a designated temperature.

The proposed amendments:
For Non-Robotic Milking Systems:
• cooled to 10 degrees C or lower within one hour of the first milking into the bulk tank, and to 4 degrees C or lower within two hours of the first milking
• cooled to 4 degrees C or lower within one hour of subsequent milkings
• maintained at between 1 and 4 degrees C while in the bulk tank, except during the first two hours after the first milking and the first hour after subsequent milkings

For Robotic Milking Systems:
• cooled to 4 degrees C or lower within the prescribed time after the start of milking
• maintained at between 1 and 4 degrees C while in the bulk tank, except and during the prescribed time after the start of milking

The current regulations provide for enforcement measures, including monetary penalties, if, as part of the farm inspection program, a producer’s equipment does not meet prescribed requirements. These measures would apply when cows’ milk in bulk tanks does not meet the proposed temperature requirements.

At the time of pick up at the dairy farm, the Bulk Tank Milk Grader (BTMG) grades the milk, takes the temperature of the milk, and collects a sample before transferring the milk to the tank truck from the bulk tank. Current regulations allow BTMGs to reject milk based on prescribed criteria however the criteria do not include milk temperature. Amendments would require BTMGs to reject cows’ milk at the farm if the temperature of the milk in the bulk tank is greater than 10 degrees C at time of pick up.

All licensed producers of cows’ milk are required to have a time temperature recording (TTR) device. The amendments would adopt the TTR readings as the official temperature for the purpose of rejecting milk and other enforcement measures.

As part of this proposal, the Commission will consider whether consequential amendments to section references in Ontario Regulation 121/98 are required.
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
Royal Assent Date:
March 15, 2012