jswizzle3737/ontario_laws_and_regs huggingface dataset:
54. (1) Where milk of a producer is tested under section 52 and found to contain an inhibitor, a fieldperson shall place under detention all milk of the producer.  R.R.O. 1990, Reg. 761, s. 54 (1). (2) If the milk of a producer is placed under detention under subsection (1), a fieldperson shall take and test the necessary samples of milk by an official method in order to determine if the sample contains an inhibitor.  O. Reg. 185/10, s. 3. (3) The results of the testing of a sample under subsection (2) shall be made known to the producer within twenty-four hours of the time the milk was placed under detention.  R.R.O. 1990, Reg. 761, s. 54 (3). (4) Where the testing of a sample under subsection (2) shows that the milk does not contain an inhibitor, the fieldperson shall release the milk from detention.  R.R.O. 1990, Reg. 761, s. 54 (4). (5) Where the testing of a sample under subsection (2) shows the presence of an inhibitor, the fieldperson shall, (a)  notify the marketing board that the milk from which the sample was taken shall not be marketed; (b)  take such steps and make such orders as are considered necessary to ensure that such milk is not used for food, or in the preparation of food, for human consumption; and (c)  maintain the detention, sampling and testing of the milk of the producer until such time as the testing shows that the milk does not contain an inhibitor.  R.R.O. 1990, Reg. 761, s. 54 (5); O. Reg. 348/95, s. 9. (6) Upon receiving notice under clause (5) (a), the milk marketing board shall notify the operator of the tank-truck that the milk from which the sample was taken shall not be marketed.  R.R.O. 1990, Reg. 761, s. 54 (6).
56. (1) Where a producer becomes liable to a penalty under section 55 in respect of milk marketed in any month, (a)  the Director shall give notice in writing to the producer of the penalty payable and the method of calculation of the penalty; (b)  the producer shall pay the penalty to the marketing board on or before the 15th day of the next month; and (c)  the marketing board shall collect the penalty from the producer.  O. Reg. 348/95, s. 11; O. Reg. 185/10, s. 5. (2) The marketing board shall, (a)  pay the penalties into a fund established for that purpose; and (b)  use the fund for the purpose of paying its expenses, carrying out and enforcing the Act and the regulations and carrying out the purposes of the Ontario Milk and Farm-Separated Cream Plan.  O. Reg. 348/95, s. 11.
57. (1) Every sample of milk referred to in section 38 that is to be tested shall be tested for kilograms per hectolitre of milk-fat, milk-protein and other milk solids.  O. Reg. 788/91, s. 1. (2) Every sample shall be tested, no later than seven days after the day the sample is taken, by an infrared milk analyzer at a laboratory approved by the Director.  O. Reg. 24/96, s. 1; O. Reg. 302/04, s. 4. (3) The weighted average of the milk-fat content, milk-protein content and other milk solids content of a representative number of the samples shall be deemed to be the milk-fat content, milk-protein content and other milk solids content of the milk from which the samples are taken.  O. Reg. 788/91, s. 1.
58., 58.1 Revoked:  O. Reg. 185/10, s. 6.
58.2 Despite the revocation of sections 58 and 58.1 of this Regulation by section 6 of Ontario Regulation 185/10, the marketing board and the operator of a plant shall continue to pay fees in accordance with those sections with respect to samples of milk taken before June 1, 2010.  O. Reg. 185/10, s. 7.
59.-76. Revoked: O. Reg. 61/22, s. 7. Construction of Plants
78. (1) A plant shall be equipped with, (a)  a wash basin in each area of the plant in which it is necessary to minimize the risk of contamination of milk or milk products; (b)  a temperature-control system capable of automatically controlling the temperature in each curing-room, cold-storage room or storage room for efficient processing or preserving of milk or milk products therein; (c)  a boiler or other equipment capable of maintaining a supply of hot water or steam sufficient for processing milk and cream, and hot water for cleaning and sterilizing the equipment and rooms used in receiving, handling, processing or storing milk or milk products; and (d)  thermometers of shatter-proof material on equipment used in processing, cleaning or sterilizing milk or milk products, capable of recording the temperature of the milk or milk product.  R.R.O. 1990, Reg. 761, s. 78 (1); O. Reg. 61/22, s. 9 (1). (2) Revoked: O. Reg. 202/19, s. 5. (3) Revoked: O. Reg. 61/22, s. 9 (2).
79. (1) Where equipment or containers for handling, processing or storing milk or milk products are of metal, the surfaces likely to come in contact with milk or milk products shall be, (a)  smooth and anti-corrosive; (b)  without open seams; (c)  accessible at all points for scrubbing; and (d)  made with joints that are flush with adjoining surfaces.  R.R.O. 1990, Reg. 761, s. 79 (1). (2) Wooden equipment used in a plant shall be of sound material with smooth surfaces, and joints or seams shall be sealed.  R.R.O. 1990, Reg. 761, s. 79 (2). (3) Tanks used for storing skim-milk, buttermilk or whey that is not intended for human consumption or for processing milk into milk products for human consumption in a plant, (a)  shall be of metal construction; (b)  shall not be located in contact with earth; and (c)  shall not be used for any other purpose.  R.R.O. 1990, Reg. 761, s. 79 (3). Processing
80. (1) The handling, processing or storing of milk or milk products shall be carried on in such a location and in such a manner that no foreign matter can enter the milk or milk product.  R.R.O. 1990, Reg. 761, s. 80 (1); O. Reg. 61/22, s. 10 (1). (1.1) If there is a risk of liquid accumulation on the floor of a room where milk or milk products are handled, processed or stored, the floors and drains in the room shall be maintained in a manner that allows for the draining of liquids from the floor. O. Reg. 202/19, s. 6; O. Reg. 61/22, s. 10 (2). (1.2) The handling, processing or storing of milk or milk products shall be carried on in such a location and in such a manner that moisture does not accumulate on ceilings, walls, overhead lines and overhead equipment within the plant. O. Reg. 202/19, s. 6; O. Reg. 61/22, s. 10 (3). (2) Every person who enters an area of a plant where there is a danger that foreign matter may enter milk or milk products shall wear, (a)  clean clothing without pockets and buttons above the waist and not worn outside the plant; and (b)  appropriate hair and beard coverings.  R.R.O. 1990, Reg. 761, s. 80 (2); O. Reg. 61/22, s. 10 (4). (3) Nothing shall be placed in a milk or milk products storage area that may contaminate or deteriorate the milk or milk products stored in that area.  R.R.O. 1990, Reg. 761, s. 80 (3); O. Reg. 61/22, s. 10 (5). (4) No plant shall contain odours other than those resulting from the handling, processing or storing of milk or milk products.  R.R.O. 1990, Reg. 761, s. 80 (4); O. Reg. 61/22, s. 10 (6).
81. (1) Where milk is accepted at a plant and is not used in processing on the day it is received, the milk shall be cooled to a temperature not higher than 5°C and maintained in storage at that temperature until it is used in processing.  R.R.O. 1990, Reg. 761, s. 81 (1); O. Reg. 61/22, s. 11 (1). (2) No milk in storage under subsection (1) shall be used in the processing of a milk product where the milk on removal from storage does not comply with the standards required for milk to be accepted at the plant when delivered to it.  R.R.O. 1990, Reg. 761, s. 81 (2); O. Reg. 61/22, s. 11 (2). (3) No stale or rancid cream, butter, ice cream or ice milk shall be used in the preparation of ice cream mix or ice milk mix or in the processing of ice cream or ice milk.  R.R.O. 1990, Reg. 761, s. 81 (3). Pasteurization
82. Ice cream or ice milk shall be made in one of the following two ways: 1.  With ice cream mix or ice milk mix, as the case may be, that has been pasteurized by doing one of the following and then immediately cooling the mix to a temperature not higher than 5°C: i.  Heating the mix to a temperature of at least 69°C and maintaining that temperature for not less than 30 minutes. ii.  Heating the mix to a temperature of at least 80°C and maintaining that temperature for not less than 25 seconds. iii.  Heating the mix to such other temperature and time combination as may be approved by the Director. 2.  From pasteurized milk ingredients such that the ice cream or ice milk, as the case may be, satisfies the standards set out for ice cream in paragraph B.08.062 (d) of the Food and Drug Regulations (Canada) made under the Food and Drugs Act (Canada). O. Reg. 61/22, s. 12.
83. (1) No person shall use cream in the manufacture of butter at a plant, except cream pasteurized by heating the cream, (a)  to a temperature of at least 77°C and maintaining that temperature for not less than ten minutes; (b)  in a continuous pasteurizer to a temperature of at least 85°C; or (c)  to such other temperature and time combination as may be approved by the Director, and cooling the cream immediately thereafter to a temperature not higher than the temperature suitable for churning the cream.  R.R.O. 1990, Reg. 761, s. 83 (1). (2) Where a fieldperson tests butter to determine whether the cream used in its manufacture was properly pasteurized, the fieldperson shall make a phosphatase test.  R.R.O. 1990, Reg. 761, s. 83 (2). (3) Where a phosphatase test is made of a sample of butter and the butter serum retains its colour for at least thirty seconds, the cream used in the manufacture of the butter shall be deemed to have been pasteurized.  R.R.O. 1990, Reg. 761, s. 83 (3).
84. Where milk delivered to a cheese factory for the purpose of making cheese is pasteurized, the milk shall be pasteurized by heating it, (a)  to a temperature of at least 62°C and maintaining that temperature for not less than thirty minutes; (b)  to a temperature of at least 72°C and maintaining that temperature for not less than sixteen seconds; or (c)  to such other temperature and time combination as may be approved by the Director, and cooling the milk immediately thereafter to a temperature not higher than the temperature suitable for setting the milk.  R.R.O. 1990, Reg. 761, s. 84.
85. (1) No operator of a plant shall deliver skim-milk or whey to a producer of milk or cream except pasteurized skim-milk or whey.  R.R.O. 1990, Reg. 761, s. 85 (1). (2) Skim-milk and whey shall be pasteurized by heating the skim-milk or whey to a temperature of at least 69°C and maintaining that temperature for a period of not less than thirty minutes or to such other temperature and time combination as may be approved by the Director.  R.R.O. 1990, Reg. 761, s. 85 (2). Cleaning and Sanitizing
86. (1) Every operator of a plant shall ensure that the rooms, facilities, equipment and utensils used in areas of the plant where milk or milk products are handled, processed or stored are thoroughly cleaned and sanitized as often as necessary to maintain a hygienic environment and to prevent the contamination of the milk or milk products. O. Reg. 152/23, s. 6. (2) The operator shall ensure that the cleaning and sanitizing referred to in subsection (1) are performed in a way that maintains a hygienic environment and minimizes the risk of contamination of the milk and milk products. O. Reg. 152/23, s. 6.
87. (1) Every operator of a plant shall ensure that written sanitation procedures for the cleaning and sanitizing described in section 86 are developed, implemented and monitored and that they are updated as needed. O. Reg. 152/23, s. 6. (2) The written sanitation procedures shall include, (a)  cleaning and sanitizing requirements for the rooms, facilities, equipment and utensils used in areas of the plant where milk or milk products are handled, processed or stored; and (b)  cleaning and sanitizing schedules. O. Reg. 152/23, s. 6. (3) The operator shall ensure that on each day that a cleaning and sanitizing activity described in section 86 is performed, a record is created that includes, (a)  the date the activity was performed; (b)  the type of activity that was performed; (c)  the person who performed the activity; and (d)  the results of the activity. O. Reg. 152/23, s. 6. (4) The operator shall ensure that every record created under subsection (3) is kept for at least one year after the date it was created and that it is readily accessible. O. Reg. 152/23, s. 6. Certificates
88. (1) An application for, (a)  Revoked: O. Reg. 61/22, s. 14 (1). (b)  a plant milk grader’s certificate; (c)  a bulk tank milk grader’s certificate; (d)  Revoked: O. Reg. 61/22, s. 14 (3). (e)  an apprentice plant milk grader’s certificate; and (f)  an apprentice bulk tank milk grader’s certificate, shall be made to the Director in a form acceptable to the Director.  R.R.O. 1990, Reg. 761, s. 88 (1); O. Reg. 101/95, s. 5 (1, 2); O. Reg. 61/22, s. 14 (1-4); O. Reg. 152/23, s. 7 (1). (2) The information contained in an application for a certificate mentioned in subsection (1) shall include, (a)  the applicant’s name and contact information; (b)  the name and address of the plant or transporter where the applicant is employed; (c)  the present duties of the applicant; (d)  the applicant’s dairy experience; and (e), (f) Revoked: O. Reg. 152/23, s. 7 (3). (g)  the signature of the applicant.  R.R.O. 1990, Reg. 761, s. 88 (2); O. Reg. 152/23, s. 7 (2, 3). (3) Certificates mentioned in subsection (1) expire as follows: 1.  Certificates to apprentices expire 30 days after the last day of the next available training course. 2.  Bulk tank milk graders’ certificates expire on the date specified on the certificate or five years after the effective date, whichever is earlier. 3.  Plant milk graders’ certificates expire on the date specified on the certificate or five years after the effective date, whichever is earlier. O. Reg. 152/23, s. 7 (4). (4)-(5) Revoked: O. Reg. 61/22, s. 14 (6).
89. A certificate mentioned in subsection 88 (1) shall be issued upon the approval of the Director and shall include, (a)  the certificate number; (b)  the name and address of the certificate holder; (b.1)  the effective date of the certificate; (c)  the expiry date of the certificate; and (d)  the Director’s signature. (e)  Revoked: O. Reg. 152/23, s. 8 (2). R.R.O. 1990, Reg. 761, s. 89; O. Reg. 152/23, s. 8.
89.1 (1) A person who had a valid milk and cream grader’s certificate on February 9, 2022 is deemed to have a plant milk grader’s certificate that is subject to the same terms as the terms to which their milk and cream grader’s certificate was subject. O. Reg. 61/22, s. 15. (2) A person who had a valid apprentice milk and cream grader’s certificate on February 9, 2022 is deemed to have an apprentice plant milk grader’s certificate that is subject to the same terms as the terms to which their apprentice milk and cream grader’s certificate was subject. O. Reg. 61/22, s. 15.
90. (1) Revoked: O. Reg. 61/22, s. 16 (1). (2) An applicant for a plant milk grader’s certificate shall, where the Director considers it advisable, be examined by examiners appointed by the Director on the applicant’s knowledge of, (a)  the handling, sampling, grading, rejecting, measuring and weighing of milk; (b)  the principles of testing milk for milk-fat content, milk-protein content and other milk solids content; (c)  tests for accurately determining the amount of bacteria and acid in milk; and (d)  the sanitary requirements for plants and the provisions of the Act and the regulations pertaining thereto.  R.R.O. 1990, Reg. 761, s. 90 (2); O. Reg. 788/91, s. 2 (2); O. Reg. 61/22, s. 16 (2-4). (3) An applicant for a bulk tank milk grader’s certificate shall, where the Director considers it advisable, be examined by examiners appointed by the Director on the applicant’s knowledge of, (a)  the handling, sampling, grading, rejecting and measuring of milk; (b)  the principles of testing milk for milk-fat content,  milk-protein content and other milk solids content; (c)  the principles of testing milk for its microbiological, chemical and foreign substances content; and (d)  the principles of sanitation in a milk house, a tank-truck and equipment thereon, a milk receiving room and a tank-truck wash station and the provisions of the Act and the regulations pertaining thereto.  R.R.O. 1990, Reg. 761, s. 90 (3); O. Reg. 788/91, s. 2 (3).
91. Where an applicant is found by the examiners to be competent to perform the duties that the certificate applied for qualifies the applicant to perform, the Director shall issue a certificate.  R.R.O. 1990, Reg. 761, s. 91.
91.1 (1) The Director may, without examination, issue a plant milk grader’s certificate to the holder of a bulk tank milk grader’s certificate. O. Reg. 152/23, s. 9. (2) The certificate is subject to the conditions listed in subsection (3) if the person to whom it is issued is, (a)  a producer who, directly or through a corporation of which the producer has the ability to exercise, directly or indirectly, control or significant influence over the operating and financial decisions, is also a processor who exclusively processes the milk of the producer at the producer’s plant; or (b)  an employee acting under the direction of a person described in clause (a). O. Reg. 152/23, s. 9. (3) The conditions mentioned in subsection (2) are the following: 1.  The holder of the certificate shall grade milk as a plant milk grader exclusively at the plant of the producer and processor. 2.  The holder of the certificate shall not grade milk as a plant milk grader if the plant of the producer and processor receives milk from any other producer. O. Reg. 152/23, s. 9.
92. The Director may require a plant milk grader or a bulk tank milk grader to be re-examined at any time the Director considers necessary.  R.R.O. 1990, Reg. 761, s. 92; O. Reg. 101/95, s. 7; O. Reg. 61/22, s. 17.
93. A certificate issued under section 89 is issued on the condition that the holder of the certificate, (a)  submits to re-examination from time to time as the Director considers necessary; (b)  conforms to the requirements of the Act and regulations pertaining to the holder’s duties; (c)  Revoked: O. Reg. 61/22, s. 18 (1). (d)  has the certificate available for production on request; and (e)  does not cease for a period of three years to perform the duties that the certificate qualifies the holder to perform.  R.R.O. 1990, Reg. 761, s. 93; O. Reg. 61/22, s. 18 (2).
94. The Director may, after a hearing, suspend or revoke a certificate issued under sections 89 and 91.1, (a)  where the holder of the certificate fails to comply with the conditions upon which the certificate is issued; or (b)  where the holder of the certificate is found on re-examination to be not competent to perform the duties that the certificate qualifies the holder to perform.  R.R.O. 1990, Reg. 761, s. 94; O. Reg. 152/23, s. 10. Plant Licences and Permits
95. (1) A person who wishes to operate a plant shall submit an application to the Director for a licence to operate the plant, (a)  before beginning to operate the plant; and (b)  if the plant is not yet constructed or if alterations are required to the plant, before commencing the construction or alterations. O. Reg. 174/14, s. 2. (2) A person who holds a licence to operate a plant and who wishes to change any aspect of the licence described in clause 96 (2) (d), (e) or (f) shall submit an application to the Director to change the licence before implementing such a change. O. Reg. 174/14, s. 2. (3) A person who submits one of the following types of application shall, at the same time, submit an application for a permit referred to in section 109: 1.  An application for a licence to operate a plant that is not yet constructed or that requires alterations. 2.  An application to change a licence, if the change would require that a plant undergo construction or alterations. O. Reg. 174/14, s. 2. (4) A person who wishes to renew a licence to operate a plant shall submit an application to the Director at least 60 days before the licence expires. O. Reg. 174/14, s. 2. (5) An application for a licence shall include the following information: 1.  The applicant’s name, address, phone number and other relevant contact information. 2.  The location or proposed location of the plant. 3.  The type of plant for which the licence is sought and, in the case of a processing plant, the kinds of processing activities to be carried out at the plant. 4.  A list of the milk products to be processed at the plant. 5.  The species of animal that will produce the milk to be processed at the plant. 6.  An estimate of the volume of milk to be processed at the plant. 7.  The source of milk to be processed at the plant. 8.  The signature of the applicant, or of the signing officer, as appropriate. O. Reg. 174/14, s. 2. (6) An application made under this section shall be in a form provided by the Director. O. Reg. 174/14, s. 2.
96. (1) Subject to section 99.3, the Director shall issue a licence to operate a plant to a person who applies in accordance with section 95 unless the Director determines that the licence should be refused under section 100. O. Reg. 174/14, s. 2. (2) The licence shall set out, (a)  the licence number; (b)  the licensee’s name, address, phone number and other relevant contact information; (c)  the name and address of the plant; (d)  the species of animal that will produce the milk to be processed at the plant; (e)  the type of plant approved for operation and, in the case of a processing plant, the kinds of processing activities approved to be carried out at the plant; (f)  in the case of a processing plant that will process cow’s milk, the classes or sub-classes of milk established under section 11 of Regulation 753 of the Revised Regulations of Ontario, 1990 (Grades, Standards, Designations, Classes, Packing and Marking) made under the Milk Act that may be processed at the plant; (g)  the effective date and expiry date of the licence; and (h)  the Director’s signature. O. Reg. 174/14, s. 2. (3) A licence to operate a plant is effective on the date set out in the licence and expires on the earlier of, (a)  the date set out in the licence; and (b)  the day that is three years after the effective date. O. Reg. 174/14, s. 2. (4), (5) Revoked: O. Reg. 61/22, s. 19.
97. Revoked: O. Reg. 174/14, s. 2.
98. No person shall operate a plant except in accordance with a licence from the Director.  R.R.O. 1990, Reg. 761, s. 98.
99. (1) A licence to operate a plant is subject to the following conditions: 1.  The licence holder shall ensure that the only milk processed at the plant is milk produced by the species specified in the licence. 2.  The licence holder shall ensure that the plant being operated is the type of plant specified in the licence and, in the case of a processing plant, that the plant carries out only the kinds of processing activities specified in the licence. 3.  In the case of a licence to operate a plant that processes cow’s milk, the licence holder shall ensure that the only milk products processed at the plant are within the classes or subclasses of milk specified in the licence. 4.  The licence holder shall not permit an employee to work in the plant while the employee has a communicable disease. 5.  The licence holder shall ensure that every employee working in the plant wears outer clothing that is clean and light in colour. 6.  The licence holder shall ensure that any person who grades milk received at the plant is the holder of a certificate for that purpose issued under section 89. 7.  The licence holder shall carry on business in accordance with the law, with honesty and integrity and with regard to the public interest. 8.  The licence holder shall observe, perform and carry out the provisions of the Act, the regulations, all plans, agreements and awards and all orders of the Commission, the Director and the marketing board. O. Reg. 174/14, s. 3. (2) A licence to operate a plant is not transferable. O. Reg. 174/14, s. 3.
99.1 The Director may impose conditions on a licence to operate a plant in addition to those set out in section 99. O. Reg. 174/14, s. 3.
99.2 The Director may, after a hearing, suspend or revoke a licence issued under section 96 if the licence holder fails to comply with any condition of the licence. O. Reg. 174/14, s. 3.
100. (1) The Director may refuse to issue or renew a licence for the operation of a plant, (a)  where the applicant is not qualified by experience, personnel or equipment to properly engage in the business for which the application was made; (b)  Revoked:  O. Reg. 268/99, s. 1 (1). (c)  where the applicant fails to observe, perform or carry out the requirements of the Act, the regulations, a plan, an agreement or an award, or an order of the Commission, the Director or the marketing board; (d)  where, in the opinion of the Director, any material representation or information made or provided by or on behalf of the applicant is false or misleading; (e)  Revoked:  O. Reg. 268/99, s. 1 (2). (f)  where the applicant does not comply with the Health Protection and Promotion Act and the regulations thereunder; (g)  where, in the opinion of the Director, the issuance or renewal of the licence is not in the public interest having regard to the past conduct of the applicant or, where the applicant is a corporation, of its officers or directors; (h)  where, in the opinion of the Director, the past conduct of the applicant or, where the applicant is a corporation, of its officers or directors, affords reasonable grounds for belief that the business will not be carried on in accordance with law or with honesty and integrity; (i)  where the applicant or, where the applicant is a corporation, any officer, director or servant thereof, or any person who is or will be in any way associated with the applicant in the operation of the business, has contravened or has permitted any person under their control or direction in connection with the business to contravene any provision of the Act or the regulations or of any other Act or the regulations thereunder or of any law of any jurisdiction applying to the carrying on of business and, in the opinion of the Director, such contravention warrants the refusal to issue or renew the licence; (j)  Revoked: O. Reg. 174/14, s. 4 (2). (k)  where the Director is of the opinion that the plant is not necessary or desirable having regard to, (i)  the needs of the producers in the locality in which the plant is located, (ii)  the impacts on the facilities of other plants in operation, (iii)  the interests of consumers who would be served by the plant, (iv)  the conditions and policies governing both the milk supply in Ontario and the allocation of milk to Ontario plants, (v)  the socio-economic impacts resulting from a decision to grant a licence, including direct and indirect economic activity, both in the locality in which the plant is located and in other parts of Ontario. R.R.O. 1990, Reg. 761, s. 100; O. Reg. 348/95, s. 15; O. Reg. 268/99, s. 1; O. Reg. 174/14, s. 4 (1-3). (2) Before the Director refuses to issue or renew a licence, he or she shall, (a)  give the applicant notice that he or she may request a hearing before the Director; and (b)  if a request for a hearing is made, hold a hearing. O. Reg. 174/14, s. 4 (4).
101. Revoked: O. Reg. 174/14, s. 5.
102. Where, after a hearing, the Director has determined that a licensee or former licensee has contravened any condition of a licence or any provision of the Act, the regulations, a plan or any order or direction of the Commission, the Director may impose a penalty on the person.  R.R.O. 1990, Reg. 761, s. 102.
103. (1) The Director may require that a person engaged in the operation of a plant furnish a performance bond in an amount that does not exceed 10 per cent of the price payable to the marketing board and producers for milk and cream processed during the immediately preceding 12 months in the plant.  O. Reg. 348/95, s. 16. (2) The Director may determine that a performance bond is forfeited where, after a hearing, the Director has determined that the plant operator who obtained the bond has contravened any condition of a licence or a provision of the Act, the regulations, a plan or an order or direction of the Commission.  R.R.O. 1990, Reg. 761, s. 103 (2).
104., 105. Revoked:  O. Reg. 268/99, s. 2.
106. Every person who operates more than one plant is required to be the holder of a licence in respect of each plant and shall be deemed to be a separate operator in respect of each such plant.  R.R.O. 1990, Reg. 761, s. 106.
107. Revoked: O. Reg. 174/14, s. 5.
108. Where the holder of a licence to operate a plant ceases to carry on the business for which the holder is licensed, the holder shall forthwith surrender the licence to the Director.  R.R.O. 1990, Reg. 761, s. 108.
109. (1) A person who holds a licence to operate a plant and who wishes to construct or alter a building intended for use as a plant or wishes to make alterations to an existing plant shall submit an application to the Director for a permit to construct or alter the building or plant before commencing the construction or alterations. O. Reg. 174/14, s. 6. (1.1) For greater certainty, subsection (1) does not apply if the exemption in section 110 applies to the person. O. Reg. 61/22, s. 20. (2) The application for the permit shall include all the information required under subsection 95 (5) and two copies of drawings and specifications of the proposed construction or alteration, one copy to be retained by the Director and the second copy to be returned to the applicant. O. Reg. 174/14, s. 6. (3) An application for a permit shall be in a form provided by the Director. O. Reg. 174/14, s. 6. (4) A permit to construct or alter a building intended for use as a plant or to alter an existing plant is issued subject to the condition that, (a)  the plant is located on land that is well drained and readily accessible; (b)  the building being constructed or altered or the plant being altered has a supply of clean, fresh water, and has facilities for disposal of sewage sufficient for the purposes of the operation of the plant as constructed or altered; (c)  the construction or alteration of the building or alteration of the plant is carried out in accordance with the drawings and specifications submitted with the application; and (d)  the applicant has complied with the municipal by-laws and the Acts and regulations applicable to the construction or alteration being made. O. Reg. 174/14, s. 6.
110. (1) A person is exempt from section 14 of the Act if the proposed construction or alteration of a building intended for use as a plant would not result in, (a)  an increase to the existing physical footprint of the building; (b)  internal modifications to the building that could affect the risk of any product made at the plant being contaminated; or (c)  the addition, replacement or modification of equipment, including ancillary equipment or complete systems, that directly affects the risk of any product made at the plant being contaminated. O. Reg. 61/22, s. 21. (2) The exemption in subsection (1) does not apply with respect to any permit for which an application is required under subsection 95 (3). O. Reg. 61/22, s. 21.
111., 112. Revoked:  O. Reg. 473/00, s. 1. Distributors’ Licences
112.1 (1) A person who carries on business as a distributor is exempt from subsection 15 (2) of the Act with respect to the distribution of unhomogenized milk with a minimum butterfat content of 3.8 per cent that is sold or processed for sale to a consumer in a container of 20 litres or more containing no internal gradations.  O. Reg. 473/00, s. 2. (2) Revoked: O. Reg. 202/19, s. 7.
113. The following classes of distributors are designated: 1.  Shopkeeper-distributor. 2.  Non-shopkeeper-distributor.  O. Reg. 100/95, s. 6.
113.1 (1) A person who carries on business as a shopkeeper-distributor shall be deemed to hold a licence as a shopkeeper-distributor as long as the person complies with all applicable provisions of the Act, the regulations and the orders of the Director.  O. Reg. 100/95, s. 6. (2) A licence as a shopkeeper-distributor expires if the holder of the licence ceases to carry on business as a shopkeeper-distributor.  O. Reg. 100/95, s. 6. (3) A license as a shopkeeper-distributor only permits the selling or distribution of fluid milk products on the shop premises operated by the holder of the licence.  O. Reg. 473/00, s. 3.
114. (1) An application for the issue, renewal or amendment of a licence to carry on business as a non-shopkeeper-distributor shall be made to the Director and may be on the form provided by the Director.  R.R.O. 1990, Reg. 761, s. 114 (1); O. Reg. 100/95, s. 7 (1). (2) An application for renewal of a licence to carry on business as a non-shopkeeper-distributor shall be filed with the Director at least sixty days prior to the expiry of the licence.  R.R.O. 1990, Reg. 761, s. 114 (2); O. Reg. 100/95, s. 7 (2). (3) Revoked:  O. Reg. 100/95, s. 7 (3). (4) Subject to the approval of the Director, a licence as a non-shopkeeper-distributor shall be issued to the applicant and shall include, (a)  the licence number; (b)  the type of licence issued; (c)  Revoked:  O. Reg. 473/00, s. 4 (1). (d)  the name and address of the licensee; (e)  a description of each location at which the distributor carries on business as a non-shopkeeper-distributor; (f)  the effective date of the licence; (g)  the expiry date of the licence; and (h)  the Director’s signature.  R.R.O. 1990, Reg. 761, s. 114 (4); O. Reg. 100/95, s. 7 (4-6); O. Reg. 473/00, s. 4 (1, 2). (4.1) The Director shall amend a licence as a non-shopkeeper- distributor to reflect all changes in the description of the locations at which the distributor carries on business as a non-shopkeeper-distributor, of which the distributor notifies the Director.  O. Reg. 100/95, s. 7 (7); O. Reg. 473/00, s. 4 (3). (5) A licence to carry on business as a non-shopkeeper-distributor expires three years after the effective date of the licence or upon such earlier date as is fixed by the Director.  O. Reg. 473/00, s. 4 (4). (6), (7) Revoked: O. Reg. 61/22, s. 22. (8), (9) Revoked:  O. Reg. 100/95, s. 7 (8).
114.1 A non-shopkeeper-distributor shall only hold one licence in respect of all locations at which the distributor carries on business as a non-shopkeeper-distributor.  O. Reg. 473/00, s. 5.
115. Revoked:  O. Reg. 473/00, s. 6.
116.1 A licence as a distributor is non-transferable.  O. Reg. 100/95, s. 11.
117. Subject to section 122, the Director may impose such conditions upon a licence as the Director considers proper.  R.R.O. 1990, Reg. 761, s. 117.
118. Where, after a hearing, the Director has determined that a licensee or former licensee has contravened any condition of a licence or a provision of the Act, the regulations, a plan or an order or direction of the Commission, the Director may impose a penalty on the person.  R.R.O. 1990, Reg. 761, s. 118.
119. (1) The Director may require that a distributor furnish a performance bond in an amount that does not exceed 10 per cent of the price payable to the marketing board and producers for milk and cream marketed during the immediately preceding 12 months by the distributor.  O. Reg. 348/95, s. 22. (2) The Director may determine that a performance bond is forfeited where, after a hearing, the Director has determined that the distributor who obtained the bond has contravened any condition of a licence or any provision of the Act, the regulations, a plan or any order or direction of the Commission.  R.R.O. 1990, Reg. 761, s. 119 (2).
120. The proceeds of a penalty imposed under section 102 or 118 or of a performance bond forfeited under subsection 103 (2) or 119 (2) shall be paid to the Minister of Finance.  R.R.O. 1990, Reg. 761, s. 120.
121. (1) The penalty imposed by the Director for, (a)  a first offence shall not exceed 2 per cent; (b)  a second offence shall not exceed 5 per cent; and (c)  a third or subsequent offence shall not exceed 10 per cent, of the price payable to the producers for the regulated product marketed or processed during the immediately preceding twelve-month period by the person being penalized.  R.R.O. 1990, Reg. 761, s. 121 (1). (2) Within the range set out in subsection (1), the Director shall consider a contravention that, (a)  harms or has the potential to harm the health of any person; (b)  endangers the safety of any person; or (c)  results in a significant economic benefit to the contravenor, as warranting a penalty at or near the maximum set out and the seriousness of the harm, danger or benefit, as the case may be, shall be a factor to be considered.  R.R.O. 1990, Reg. 761, s. 121 (2). (3) If a contravention that was caused by wilful neglect by the person penalized causes harm to the health of any person, the penalty imposed may be the maximum provided in the Act despite subsection (1).  R.R.O. 1990, Reg. 761, s. 121 (3). (4) If a contravention is of an administrative nature that does not have the potential to cause harm to the health of any person, the penalty shall not be the maximum set out in subsection (1).  R.R.O. 1990, Reg. 761, s. 121 (4).
122. (1) A licence as a non-shopkeeper-distributor is issued on the condition that, (a)  the holder of the licence observes, performs and carries out the provisions of the Act, the regulations, all plans, agreements and awards, and all orders of the Commission, the Director and the marketing board; (b)  where so required by the Director, the holder of the licence provides or continues regular delivery service of fluid milk products to consumers in the area in which the applicant delivers, sells or distributes fluid milk products; (c)  the holder of the licence complies with the Health Protection and Promotion Act and the regulations thereunder; (d)  the holder of the licence notifies the Director in writing of all changes in the description of the locations at which the holder carries on business as a non-shopkeeper-distributor; (e)  the holder of the licence informs the Director in writing of the name of every distributor that supplies fluid milk products to the holder; (f)  the holder of the licence distributes a full range of fluid milk products in relation to the needs of customers in the area in which the applicant delivers, sells or distributes fluid milk products; (g)  the holder of the licence segregates fluid milk products and milk products from other products carried by the licence holder’s delivery vehicles; (h)  the holder of the licence or, where the holder of the licence is a corporation, every officer, director or employee thereof, does not contravene nor permit any person under their control or direction to contravene any provision of the Act or the regulations or of any other Act or the regulations thereunder or of any law applying to the carrying on of such business, or the conditions for licensing; or (i)  the holder of the licence carries on the business in accordance with law and with honesty and integrity and with regard to the public interest.  R.R.O. 1990, Reg. 761, s. 122 (1); O. Reg. 100/95, s. 12 (1-3); O. Reg. 348/95, s. 23; O. Reg. 291/98, s. 2; O. Reg. 473/00, s. 8. (2) Revoked:  O. Reg. 100/95, s. 12 (4).
122.1 After a hearing, the Director may suspend or revoke a licence as a distributor for any failure by the distributor to comply with the conditions that apply to the licence.  O. Reg. 100/95, s. 13.
123. No person shall supply for resale fluid milk products to, or pasteurize milk for, any other person who is, (a)  not the holder of a licence under this Regulation; or (b)  not exempt from the Act or this Regulation.  R.R.O. 1990, Reg. 761, s. 123.
124. No person shall obtain fluid milk products for resale or distribution from any person who is not a holder of a licence as a distributor under the Act.  O. Reg. 473/00, s. 9.
125. A licensed non-shopkeeper-distributor who ceases to carry on business as a non-shopkeeper-distributor shall promptly surrender the licence to the Director.  O. Reg. 100/95, s. 15. Extension of Certificates and Licences Due to Coronavirus (Covid-19)
125.1 Revoked: O. Reg. 61/22, s. 23.
125.2 (1) Despite subsection 88 (3), any milk and cream grader’s certificate or bulk tank milk grader’s certificate that, but for this subsection, would expire on a day that falls on or after the day this section comes into force, but before December 31, 2021, shall not expire on that day but shall continue in effect for a further 12 months after that day. O. Reg. 237/21, s. 3. (2) Despite subsection 96 (3), any licence to operate a plant that, but for this subsection, would expire on June 30, 2021 shall not expire on that day but shall continue in effect until October 31, 2021. O. Reg. 237/21, s. 3. (3) Despite the continuation of a licence to operate a plant under subsection (2) and despite subsection 95 (4), if the holder of the licence that is continued until October 31, 2021 wishes the licence to be renewed after October 31, 2021, the holder of the licence shall submit an application for the renewal to the Director on or before May 1, 2021. O. Reg. 237/21, s. 3.
125.3 Despite subsection 88 (3), section 89.1 and subsection 125.2 (1), any plant milk grader’s certificate that, but for this subsection, would expire on a day that falls on or after the day Ontario Regulation 181/22 comes into force, but before December 31, 2022, shall not expire on that day but shall continue in effect for a further 12 months after that day. O. Reg. 181/22, s. 1. Records
126. An operator of a plant shall keep for twelve months complete records of all milk bought and the records shall include, (a)  the volumes of all milk received daily; (b)  the milk-fat, milk-protein and other milk solids tests of all milk received; and (c)  the original entries of the volumes of milk bought and the milk-fat, milk-protein and other milk solids tests of the milk.  R.R.O. 1990, Reg. 761, s. 126;  O. Reg. 788/91, s. 3.
127. (1) An operator of a plant shall keep for at least twelve months completed monthly records of milk utilization for audit purposes and the records shall include, (a)  the number of litres sold in bulk and the number of units of each package size of fluid milk products and other units of fluid milk products sold by wholesale and at retail each day by each driver-salesman of a delivery vehicle and the proceeds of sales by retail and wholesale; (b)  the number of units of each package size of fluid milk products and other units of fluid milk products sold each day at the plant and the proceeds of the sales; (c)  the number of units of each package size of fluid milk products sold each day to distributors; (d)  the total amount of all fluid milk products sold for each payment period by a distributor, including the total number of units of each package size sold and the selling price of the fluid milk products; (e)  where cheese is manufactured, individual vat records giving date of manufacture, vat number, type of cheese made, disposition of the cheese, volume of milk in the vat, volume of skim-milk added or weight of skim-milk powder added, weight of milk-fat removed, weight of milk-fat in the vat and weight of cheese made; and (f)  where other milk products are processed, records giving date of manufacture, type of product made, ingredients, volume of milk, partly-skimmed milk, skim-milk and cream used and weight of milk-fat used.  R.R.O. 1990, Reg. 761, s. 127 (1). (2) A distributor who operates a wholesale warehouse from which grocery products are distributed and who is engaged in the buying of sterilized fluid milk products, other than cream, table cream and whipping cream, and selling or distributing such products to shopkeeper-distributors, shall keep, for at least 12 months, complete records on a monthly basis of, (a)  all purchases of sterilized fluid milk products; and (b)  all sales of sterilized fluid milk products, which records shall identify the sales of such products in each territorial district except the territorial districts of Muskoka and Parry Sound.  R.R.O. 1990, Reg. 761, s. 127 (2); O. Reg. 100/95, s. 16.
128. (1) Revoked:  O. Reg. 268/99, s. 5 (1). (2) Every distributor who obtains fluid milk products from any other distributor and whose delivery, sale or distribution of fluid milk products is governed by an agreement in writing or otherwise with such other distributor shall furnish to the Director a copy of any agreement in writing or the provisions of any agreement not in writing, as the case may be.  R.R.O. 1990, Reg. 761, s. 128 (2). (3) Every operator of a plant, distributor, producer and transporter shall furnish to the Commission or Director the information or returns that the Commission or Director from time to time determines.  O. Reg. 268/99, s. 5 (2). (4) Revoked:  O. Reg. 268/99, s. 5 (2).
129. (1) The operator of every plant shall keep a record of, (a)  all goat’s milk received at the plant, showing the date received and the name of the producer and the number, if any, used for identification of the producer; (b)  the rejection of goat’s milk and the cause for rejection; (c)  the weights and grades of all goat’s milk accepted at the plant for processing into milk products; and (d)  the results of all tests made at the plant under this Regulation.  R.R.O. 1990, Reg. 761, s. 129 (1); O. Reg. 61/22, s. 24 (1). (2) If a plant milk grader measures, weighs, grades or tests goat’s milk, the grader shall immediately make an accurate record of the volume, weight, grade or test, as the case may be. O. Reg. 61/22, s. 24 (2). (3) The operator of a plant shall keep a record of the full name and address of each producer who ships goat’s milk to the plant.  R.R.O. 1990, Reg. 761, s. 129 (3); O. Reg. 61/22, s. 24 (3). (4) The operator of a plant shall keep for at least one year all records of weights, grades and tests of goat’s milk made at the plant.  R.R.O. 1990, Reg. 761, s. 129 (4); O. Reg. 61/22, s. 24 (4).
130. Revoked:  O. Reg. 268/99, s. 6.
131. (1) No person shall falsify any records or statements, or make any incorrect determination that may affect the price paid for goat’s milk at a plant.  R.R.O. 1990, Reg. 761, s. 131 (1); O. Reg. 61/22, s. 25 (1). (2) Revoked: O. Reg. 61/22, s. 25 (2). Schedule Revoked:  O. Reg. 100/95, s. 17.  Français