jswizzle3737/ontario_laws_and_regs huggingface dataset:
1.1 This Regulation does not apply to milk referred to in subclause 5 (1) (a) (i) that is sold or offered for sale to, (a)  the marketing board for non-food use; or (b)  any other person for use in plants in which milk or milk products are processed exclusively for non-food use.  O. Reg. 9/11, s. 1.
1.2 (1) This Regulation does not apply to the operator of a plant with respect to the plant if, (a)  all milk and every milk product received for processing at the plant or processed at the plant has been pasteurized or sterilized at a plant that, (i)  is located in Ontario and licensed under the Act, or (ii)  is located outside of Ontario but meets standards with respect to pasteurization and sterilization that are equivalent to the standards applicable at a plant licensed under the Act; and (b)  one of the following requirements is satisfied: (i)  none of the milk products listed in subsection (2) are processed at the plant, (ii)  at least one of the milk products listed in subsection (2) is processed at the plant and all milk products processed at the plant, (A)  are sold, offered for sale or transferred only to persons who are consumers, and (B)  remain under the control of the operator of the plant until they reach the consumer. O. Reg. 202/19, s. 2. (2) Clause (1) (b) applies to a milk product only if it is a fluid milk product, cream, butter, cheese, cottage cheese, condensed milk, milk powder, dry milk, ice cream, ice cream mix, casein, malted milk, sherbet or such other product as is designated as a milk product in a regulation made under the Act. O. Reg. 202/19, s. 2. (3) Despite anything else in this Regulation, the operator of a plant who is exempt from this Regulation under subsection (1) is also exempt from the requirements of sections 14 and 15 of the Act with respect to that plant. O. Reg. 202/19, s. 2. Inspections by Fieldpersons
2. (1) If a fieldperson inspects premises on which milk or cream is produced, the fieldperson shall prepare a report of the inspection. O. Reg. 122/18, s. 3 (1). (2) The fieldperson shall ensure that a copy of the report is provided to the producer and to the Director. O. Reg. 122/18, s. 3 (1). (3) A fieldperson who determines that the milk or cream delivered from a producer does not comply with this Regulation or is produced from animals or on premises that do not comply or with equipment that does not comply with this Regulation, (a)  shall immediately notify the producer and the marketing board of the finding; and (b)  may by order require that no milk or cream from the producer be marketed by the producer until the milk, cream, animals, premises or equipment, as the case may be, comply with this Regulation.  O. Reg. 348/95, s. 2. (3.1) A fieldperson who determines upon inspection of a producer’s premises that dairy cattle on the premises have not been cared for or handled in accordance with the requirements in sections 34.3, 34.4 and 34.5, (a)  shall immediately notify the producer, the Director and the marketing board of the determination; and (b)  may by order require that no milk or cream from the producer be marketed by the producer until changes are made to the way the dairy cattle are cared for or handled to ensure the requirements are met. O. Reg. 122/18, s. 3 (2). (4) A producer who is aggrieved by an order of a fieldperson under subsection (3) or (3.1) may appeal to the Director and the Director may, after a hearing, confirm, amend or revoke the order.  R.R.O. 1990, Reg. 761, s. 2 (4); O. Reg. 122/18, s. 3 (3). (5) If a notice is given to the Director under clause (3.1) (a) that dairy cattle have not been cared for or handled in accordance with the requirements in section 34.3, the Director may order the producer to, (a)  have a veterinarian, who is licensed under the Veterinarians Act and approved by the Director, (i)  attend at the producer’s premises to assess the producer’s dairy cattle with reference to the requirements in section 34.3, and (ii)  prepare a report on the assessment, including recommendations; and (b)  provide a copy of the veterinarian’s report to the Director. O. Reg. 122/18, s. 3 (4). (6) The Director may issue an order to the producer based on the recommendations contained in the veterinarian’s report. O. Reg. 122/18, s. 3 (4). Producers
3. No producer shall sell or offer for sale milk or cream that is not produced, handled and stored in accordance with this Regulation.  R.R.O. 1990, Reg. 761, s. 3.
4. No animal that is, (a)  suffering from an illness; or (b)  infected with a disease, that adversely affects the quality or flavour of the milk or cream shall be stabled, (c)  so as to come into contact with animals from which milk or cream is obtained for sale; or (d)  on premises used in connection with the producing, handling, storing or transportation of milk or cream.  R.R.O. 1990, Reg. 761, s. 4.
5. (1) No producer shall sell or offer for sale milk or cream that, (a)  is obtained from an animal, (i)  in the period of fifteen days before, or in the period of three days after, parturition, or such longer period as is required to insure that the milk or cream is colostrum-free, (ii)  to which an inhibitor has been administered, during the period of medication and for such period following the last treatment as is sufficient to ensure that the milk or cream does not contain an inhibitor when tested by an official method at a laboratory approved by the Director, or (iii)  that is not in good physical condition and free from any illness or disease that adversely affects the quality or flavour of the milk or cream; (b)  is not clean; (c)  has an objectionable flavour or odour; (d)  shows evidence of being watery, flaky, stringy, bloody, thick or adulterated; (e)  shows evidence of coagulation; (f)  contains any foreign substance; (g)  has an abnormal freezing point as described in subsection 52 (5); (h)  contains an inhibitor, when tested by an official method at a laboratory approved by the Director; (i)  is a mixture of milk or cream from two different species of animals; or (j)  is produced in an unsanitary manner.  R.R.O. 1990, Reg. 761, s. 5 (1); O. Reg. 634/00, s. 1. (2) No producer shall sell or offer for sale milk, (a)  that shows evidence of melted or churned fat floating on the surface of the milk; (b)  that has had any part of the milk fat removed; (c)  that has not been cooled in accordance with section 15.1 and maintained at temperatures specified under that section; or (d)  that has not been filtered by means of a single-service filter or a stainless steel mesh-type filter approved by the Director.  R.R.O. 1990, Reg. 761, s. 5 (2); O. Reg. 122/18, s. 4. (3) No producer shall sell or offer for sale cream separated from milk that has not been filtered by means of a single-service filter or a stainless steel mesh-type filter approved by the Director.  R.R.O. 1990, Reg. 761, s. 5 (3).
6. No food shall be given to an animal of a kind or at a time or in a manner that causes its milk or cream, (a)  to give off an objectionable odour; or (b)  to have a taste or appearance other than that of normal milk or cream.  R.R.O. 1990, Reg. 761, s. 6.
7. No person shall remove or cause to be removed anything from or add or cause to be added anything to milk or cream as it is produced.  R.R.O. 1990, Reg. 761, s. 7.
8. (1) Animals shall be clean.  R.R.O. 1990, Reg. 761, s. 8 (1). (2) When animals are in stables, the hair on udders, flanks and tails above the switch of the animals shall be kept short.  R.R.O. 1990, Reg. 761, s. 8 (2). (3) The switch of an animal’s tail shall clear the floor when the animal is standing.  R.R.O. 1990, Reg. 761, s. 8 (3). (4) Immediately before the time of each milking of an animal, the udder shall be cleaned.  R.R.O. 1990, Reg. 761, s. 8 (4).
9. (1) Every producer shall keep all buildings or premises where animals are stabled or milked, (a)  clean and in a sanitary condition; (b)  as free as possible from flies and other insects; (c)  as free as possible from dust; (d)  adequately lighted; and (e)  ventilated sufficiently to prevent odours from affecting the milk or cream.  R.R.O. 1990, Reg. 761, s. 9 (1). (2) All walls, ceilings, partitions and other parts of the stable shall be whitewashed, painted or cleaned at least once a year and be kept clean.  R.R.O. 1990, Reg. 761, s. 9 (2). (3) Where milking parlours are used, (a)  where practicable, the parlour shall be partitioned off from the stable or loafing area; (b)  animal entrance and exit doors shall be self-closing where practicable and shall be kept closed between milkings; (c)  concrete or similar impervious materials shall be used for floors, ramps and platforms; (d)  the floor and animal platforms shall be adequately sloped to trapped covered floor drains that are capable of draining any liquids from the parlour to a location outside the parlour; (e)  sufficient area shall be provided to perform the normal duties of preparing and milking the animals; (f)  walls and ceilings shall have smooth surfaces and walls shall be impervious to liquids for a reasonable distance from the floor; (g)  screens shall be provided to prevent the entrance of insects; (h)  adequate lighting shall be provided in order that the operator has good visibility of the udders while milking; (i)  adequate hoses, nozzles, water supply and cleaners shall be provided to maintain the parlour in a sanitary state; and (j)  proper ventilation and heating shall be provided.  R.R.O. 1990, Reg. 761, s. 9 (3).
10. No producer of milk shall permit animals other than of the bovine or caprine genus in any part of a stable used for the stabling or milking of animals.  R.R.O. 1990, Reg. 761, s. 10.
11. (1) Every producer shall keep all parts of the premises clean and, except for loafing-type stables, free from accumulations of manure and refuse.  R.R.O. 1990, Reg. 761, s. 11 (1). (2) Every producer shall store manure so as to be inaccessible to animals and so as to minimize run-off and the breeding of flies.  R.R.O. 1990, Reg. 761, s. 11 (2).
12.1 (1) If milk, milk contact surfaces or cleaning solutions that are in contact with milk contact surfaces will be in contact with compressed air, the producer shall ensure that the compressed air is, (a)  filtered to remove dust, insects, all other extraneous material and any source of objectionable odours; and (b)  conveyed from the air compressor by sanitary piping. O. Reg. 901/21, s. 3. (2) The producer shall ensure that any equipment used in connection with compressed air, (a)  prevents siphoning or backflow of milk or other liquids or gases into the air system; and (b)  uses food grade oil, if the equipment requires oil to be used. O. Reg. 901/21, s. 3.
13. (1) No person shall use milking equipment or utensils that were not, (a)  rinsed with lukewarm water and thoroughly cleaned after each milking; (b)  sanitized before each milking; and (c)  stored on suitable clean racks in the milk house, milking parlour or other suitable location when not in use.  R.R.O. 1990, Reg. 761, s. 13 (1). (2) Every producer shall provide and maintain in good condition and state of repair milking equipment and utensils for the producing, handling and storing of milk or cream.  R.R.O. 1990, Reg. 761, s. 13 (2). (3) No producer shall use utensils that are not in good condition and state of repair.  R.R.O. 1990, Reg. 761, s. 13 (3). (4) Every producer shall provide equipment and materials necessary to clean, rinse and sanitize milking equipment and utensils.  R.R.O. 1990, Reg. 761, s. 13 (4). (5) No producer shall use milking equipment or utensils for the production, handling, storage or transportation of milk or cream if the milking equipment or utensils are made of materials that, (a)  adversely affect the flavour of milk or cream that comes into contact with them; (b)  have rough surfaces or surfaces not easily cleaned; (c)  have joints not flush with the surfaces; or (d)  have open seams, cracks or exposed threads.  R.R.O. 1990, Reg. 761, s. 13 (5). (6) No person shall milk unless he or she, (a)  has washed his or her hands immediately before the milking; and (b)  keeps his or her hands clean during the milking.  R.R.O. 1990, Reg. 761, s. 13 (6). (7) No person shall milk an animal or handle milking equipment or utensils that come into contact with milk or cream except a person who is, (a)  in good health; (b)  free from any communicable disease as defined in the Health Protection and Promotion Act and the regulations thereunder; (c)  cleanly dressed; and (d)  personally clean at each time of milking and of handling milk, cream and utensils.  R.R.O. 1990, Reg. 761, s. 13 (7).
14. (1) The milk in the milk house may be cow’s milk or goat’s milk, but the milk of both species may not both be present in the milk house at the same time. O. Reg. 392/99, s. 2 (1). (2) A producer who installs a new farm bulk tank or changes a farm bulk tank installation shall notify the Director and the marketing board of the installation or the change, as the case may be, before using the farm bulk tank. O. Reg. 348/95, s. 3. (3) Unless otherwise authorized by the Director, the producer shall cool and ship directly from each farm bulk tank all milk produced. R.R.O. 1990, Reg. 761, s. 14 (3); O. Reg. 392/99, s. 2 (2). (4) The producer shall not sell or offer for sale milk removed from a farm bulk tank by the producer. R.R.O. 1990, Reg. 761, s. 14 (4); O. Reg. 392/99, s. 2 (3). (5) No person shall use a farm bulk tank if the farm bulk tank does not comply with the requirements in this Regulation that apply to the particular type of farm bulk tank. O. Reg. 901/21, s. 4 (1). (6) No person shall fill a farm bulk tank to a level at which the milk cannot be properly agitated without spilling.  R.R.O. 1990, Reg. 761, s. 14 (6). (7) No person shall use a conventional bulk tank of such size that the milk in the tank from the first milking using a conventional milking system cannot be properly agitated. O. Reg. 901/21, s. 4 (2). (8) No person who uses an automatic milking system shall use a farm bulk tank of such size that the cooling requirements in section 15.1 cannot be met. O. Reg. 901/21, s. 4 (2). (9) No person shall operate the agitator in a farm bulk tank in a manner other than the manner recommended by the manufacturer of the tank. O. Reg. 901/21, s. 4 (2).
14.1 The following are the requirements for a farm bulk tank: 1.  It must be appropriate for milk and activities conducted with milk, including cooling, agitation, storage, sampling, grading and transfer. 2.  It must be designed, constructed and maintained to prevent contamination of milk. 3.  It must be constructed of, and maintained using, materials that are suitable for a farm bulk tank and, if those materials present a risk of contamination of milk, that are, i.  corrosion-resistant, ii.  durable, iii.  capable of withstanding repeated cleaning and, if necessary to prevent contamination of milk, repeated sanitizing, and iv.  free of any noxious constituent. 4.  It must function as intended. 5.  It must be easily accessible and, if necessary for its cleaning, sanitizing, maintenance or inspection, its components must be able to be easily disassembled. 6.  Its surfaces that come into contact with milk must be smooth, free from pitting, cracks and flakes and non-absorbent, unless the surface does not present a risk of contaminating the milk. O. Reg. 901/21, s. 5.
15. (1) If there is a farm bulk tank on the producer’s premises, the following components of the farm bulk tank shall be enclosed within the milk house: 1.  The outlet valve. 2.  The personnel access port for grading milk and inspecting the bulk tank and any other components that are necessary to allow access to milk for grading or sampling, including for the aseptic collection of a representative sample. 3.  The bulk tank vent. 4.  A thermometer that complies with clause 16 (1) (d). 5.  All equipment and pipelines that are necessary to wash the inside of the farm bulk tank from within the milk house. 6.  All components that are necessary for the purpose of safely and accurately determining the volume of milk in the farm bulk tank from within the milk house. O. Reg. 901/21, s. 6. (2) Every milk house shall, (a)  be equipped with a properly grounded electrical outlet providing a service of 220 volts and having a capacity of 15 amperes to operate the tank-truck pump; (b)  allow sufficient space for the inspection, cleaning, sanitizing and maintenance of the milk house and the farm bulk tank; (c)  have sufficient room so that a bulk tank milk grader can perform their duties; and (d)  in the case of a farm bulk tank that is not designed to extend through the wall and beyond the perimeter of the milk house, have at least 60 centimetres clear space between the tank and any other farm bulk tank, any wall or any permanent fixture or device. O. Reg. 901/21, s. 6. (3) Despite clause (2) (a), every electrical outlet shall be of 20 ampere capacity with the on and off switch located in the milk house and a receptacle of a twist-lock design located on the outside of the milk house at a point convenient to the tank-truck operator. O. Reg. 901/21, s. 6. (4) If there is a conventional bulk tank in the milk house, there shall be sufficient clearance between the top of the conventional bulk tank and the ceiling of the milk house to allow for, (a)  the inspection, sampling, grading and measuring of milk in the conventional bulk tank; and (b)  the complete removal of the internal conventional bulk tank measurement gauge, if one is used to measure the volume of milk in the conventional bulk tank. O. Reg. 901/21, s. 6.
15.1 (1) A producer shall ensure that milk in a farm bulk tank is cooled and its temperature maintained in accordance with this section. O. Reg. 901/21, s. 6. (2) Except as otherwise provided in this section, milk in the farm bulk tank shall be maintained at a temperature of 4ºC or lower but higher than 0ºC. O. Reg. 901/21, s. 6. (3) In the case of a conventional milking system, the following requirements apply: 1.  Milk from the first milking that enters the farm bulk tank after the tank has been emptied and cleaned shall be cooled to a temperature of, i.  10ºC or lower within one hour after the completion of milking, and ii.  4ºC or lower within two hours after the completion of milking. 2.  If after a first milking referred to in paragraph 1 the farm bulk tank is not emptied and cleaned and milk from a second or subsequent milking is added to the tank, the blend temperature of the milk in the tank, i.  shall not exceed a temperature of 10ºC for more than 15 consecutive minutes while the milk is entering the tank, and ii.  shall be cooled to a temperature of 4ºC or lower within one hour after the completion of milking. O. Reg. 901/21, s. 6. (4) In the case of an automatic milking system, the following requirements apply: 1.  Within three hours after the farm bulk tank has been emptied, the milk shall be cooled, without freezing, to a temperature of 4ºC or lower. 2.  After the milk has initially been cooled to a temperature of 4ºC or lower, its temperature shall not exceed 4ºC for more than 15 minutes in total before the next time the tank is emptied. O. Reg. 901/21, s. 6. (5) In the case of a farm bulk tank for which cooling is provided by a refrigeration unit powered by a generator or an internal combustion engine, the following requirements apply: 1.  Milk shall initially be cooled to within 1ºC of the temperature required under subsection (3) or (4). 2.  After the milk has initially been cooled, its temperature shall be maintained at a temperature of 5ºC or lower but higher than 0ºC. O. Reg. 901/21, s. 6.
16. (1) Each farm bulk tank shall be equipped with, (a)  one or more refrigeration systems capable of cooling milk and maintaining its temperature in the tank in accordance with the requirements in section 15.1; (b)  an agitator capable of agitating milk in the tank, without splashing or churning, so that the milk is thoroughly mixed in five minutes; (c)  a measuring device which is protected from the elements and by which the volume of milk in the tank may be accurately determined; (d)  an indicating thermometer with scale divisions of at least 3 millimetres for each change of 2°C within a range of temperatures from 0°C to 50°C that measures accurately to within 1°C the temperature of the milk in the tank and located so as to register temperatures of the milk when the tank contains 20 per cent of its capacity; and (e)  a cap on the outlet valve. O. Reg. 901/21, s. 7 (1). (2) Subject to subsection 14 (9), every agitator shall be equipped with an interval timer set so that the milk in the tank is automatically agitated for at least five minutes every hour. R.R.O. 1990, Reg. 761, s. 16 (2); O. Reg. 901/21, s. 7 (2). (3) Where the thermometer on the farm bulk tank is inaccurate, damaged or broken, a hand thermometer with a stainless steel stem shall be provided by the producer and stored near the farm bulk tank. R.R.O. 1990, Reg. 761, s. 16 (3). (4) The compressor parts of a refrigeration system shall be enclosed by screening. R.R.O. 1990, Reg. 761, s. 16 (4); O. Reg. 901/21, s. 7 (3). (5) The farm bulk tank refrigeration system, the agitator and the tank-truck pump must have a source of power that is sufficient to operate the farm bulk tank refrigeration system, the agitator and the tank-truck pump in accordance with this Regulation. O. Reg. 139/09, s. 1; O. Reg. 901/21, s. 7 (3).
17. Each farm bulk tank shall be, (a)  installed in a level position; and (b)  installed in such a manner as to prevent any movement of the tank that is likely to affect the accuracy of the measuring device by which the quantity of milk in the tank is determined.  R.R.O. 1990, Reg. 761, s. 17.
18. (1) Where a gauge rod is used as the measuring device to determine the volume of milk in a farm bulk tank, the gauge rod shall be plainly marked with graduation marks not further then 1 millimetre apart, beginning at the bottom of the rod and continuing only to that level beyond which the milk in the tank cannot be properly agitated without spilling. R.R.O. 1990, Reg. 761, s. 18 (1). (2) Where a farm bulk tank is designed for the use of a gauge rod, the tank shall be provided with a fixed point for the suspension of the gauge rod. R.R.O. 1990, Reg. 761, s. 18 (2). (3) Each gauge rod shall be supported in the vertical position at which the farm bulk tank has been calibrated. R.R.O. 1990, Reg. 761, s. 18 (3). (4) No person shall use a measuring device to determine the volume of milk in a farm bulk tank other than a measuring device that determines the volume of milk within a tolerance of 0.25 per cent. O. Reg. 901/21, s. 8 (1). (5) Every producer shall maintain near the tank a milk chart, in good condition, for each farm bulk tank. O. Reg. 392/99, s. 4 (1). (5.1) Each chart must show, (a)  the number of litres for each reading of the measuring device used to determine the volume of milk in the tank; and (b)  the number of whole litres for each graduation of the measuring device. O. Reg. 392/99, s. 4 (1). (5.2) Every producer shall provide a copy of each chart to the marketing board on the board’s request. O. Reg. 392/99, s. 4 (1). (6) The readings entered on the chart shall not exceed, (a)  the manufacturer’s rated capacity for the tank; or (b)  the number of litres of milk which can be properly agitated in the tank without spilling. R.R.O. 1990, Reg. 761, s. 18 (6). (7) No person shall use a measuring device or a chart other than a measuring device or a chart having the same manufacturer’s serial number as the serial number of the farm bulk tank, unless the person has advised the Director of the discrepancy and followed the Director’s directions to address the discrepancy. R.R.O. 1990, Reg. 761, s. 18 (7); O. Reg. 901/21, s. 8 (2). (8) No person shall alter in any way a measuring device or chart except that the marketing board or the manufacturer of the farm bulk tank may correct or replace an inaccurate chart. O. Reg. 348/95, s. 4. (9) In the case of milk in a conventional bulk tank, if the bulk tank milk grader cannot sample the milk using a sampling pipette and instead is required to sample the milk using a sanitized long-handled dipper in accordance with subparagraph 1 i of subsection 38 (5), the producer shall provide the bulk tank milk grader with a long-handled dipper and a container filled with sanitizing solution. O. Reg. 901/21, s. 8 (3). (9.1) Every producer of milk shall post the producer’s licence, with the licence number in a bar code format, so that it is easily accessible to the bulk tank milk grader. O. Reg. 302/04, s. 1 (1). (10) Every producer of goat’s milk shall mount a dispenser with milk sample labels near the farm bulk tanks in the milk house. O. Reg. 302/04, s. 1 (2).
19.-26. Revoked: O. Reg. 901/21, s. 9.
27. The agitator in a farm bulk tank shall be so constructed that visual inspection of it can be made from outside the farm bulk tank and it shall be readily cleanable.  R.R.O. 1990, Reg. 761, s. 27.
28.-30. Revoked: O. Reg. 901/21, s. 9.
31. Every producer shall clean each farm bulk tank after each time it is emptied by means of a cleaning compound capable of removing dirt and milk deposits and shall rinse the tank with a sanitizing agent prior to the tank’s next use.  R.R.O. 1990, Reg. 761, s. 31; O. Reg. 392/99, s. 6.
32. (1) Where pipelines, dumping stations, farm bulk tanks or inflations are cleaned and sanitized in place, (a)  the producer shall rinse the equipment, except farm bulk tanks, with lukewarm water immediately following milking; (b)  the producer shall obtain from the producer’s equipment supplier or supplier of washing compounds instructions for the procedure to be followed for cleaning and sanitizing each piece of equipment and shall post the instructions on the wall of the milk house; (c)  the producer shall provide drainage valves at the bottom of pipeline risers in pipeline systems that do not drain properly without such drainage valves.  R.R.O. 1990, Reg. 761, s. 32 (1); O. Reg. 392/99, s. 7 (1). (2) The information to be posted under clause (1) (b) shall indicate, (a)  the analysis of the water regularly used in the washing of the bulk tank; (b)  the quantities of washing compound and water used in the washing cycle; (c)  the maximum and minimum water temperatures used in the washing cycle; (d)  the length of time used in the washing cycle; (e)  the quantities of sanitizer and water used in the sanitizing cycle; and (f)  the manufacturer’s names for the washing and sanitizing compounds used.  R.R.O. 1990, Reg. 761, s. 32 (2). (3) In the event acidified wash or rinse is used, such information shall be posted on the wall in the milk house in addition to the information required under subsection (2).  R.R.O. 1990, Reg. 761, s. 32 (3). (4) Only detergents, wetting agents, sanitizing agents or similar compounds that are recommended by the manufacturers thereof used for the cleaning or sanitizing of pipelines, dumping stations, farm bulk tanks or inflations shall be used.  R.R.O. 1990, Reg. 761, s. 32 (4). (5) The materials mentioned in subsection (4) shall be used in the manner recommended by the manufacturer.  R.R.O. 1990, Reg. 761, s. 32 (5). (6) Pipelines shall be sloped to facilitate proper drainage.  R.R.O. 1990, Reg. 761, s. 32 (6). (7) An automatically washed pipeline shall be equipped with electrical controls to prevent it from being rinsed or washed while a milk line is connected to a farm bulk tank, and to prevent milking from taking place unless the milk line is so connected.  O. Reg. 196/91, s. 1; O. Reg. 392/99, s. 7 (2). (8) A manually controlled “C.I.P.” pipeline shall be equipped with electrical or mechanical controls to prevent it from being rinsed or washed while a milk line is connected to a farm bulk tank.  O. Reg. 196/91, s. 1; O. Reg. 392/99, s. 7 (2).
33. Upon request, a producer in the presence of a fieldperson shall disassemble equipment for visual inspection of milk contact surfaces.  R.R.O. 1990, Reg. 761, s. 33.
34. Vacuum lines shall be cleaned internally at six-month intervals or as frequently as is necessary to prevent contamination of milk or milk contact surfaces.  R.R.O. 1990, Reg. 761, s. 34. Time Temperature Recorders
34.2 (1) This section applies to every producer of cow’s milk.  O. Reg. 17/13, s. 1. (2) Every producer shall ensure that a veterinarian licensed under the Veterinarians Act attends the producer’s premises to perform an annual animal health risk assessment of the producer’s dairy cattle herd in accordance with this section.  O. Reg. 17/13, s. 1. (3) The assessment shall be completed during the veterinarian’s on-site visit and shall be documented in the Form entitled “Cattle Health and Veterinary Medicine Use Declaration” dated January 14, 2013 and available on the marketing board’s website.  O. Reg. 17/13, s. 1. (4) As part of the assessment, the veterinarian shall conduct a review of the herd’s veterinary medicine use with the producer or with the individual who is responsible for the herd’s veterinary medicine use.  O. Reg. 17/13, s. 1. (5) The producer shall keep the completed assessment form on the producer’s premises for at least three years after the date on which the producer signs the form and shall provide a copy to a fieldperson or to the Director on request.  O. Reg. 17/13, s. 1. (6) Assessments shall be completed in accordance with the following rules: 1.  A producer’s initial assessment shall be completed before the day on which a fieldperson first inspects the producer’s premises after this section comes into force. The initial assessment must have been completed during the 12 months that precede the date of the fieldperson’s inspection. 2.  Each subsequent assessment shall be completed annually on or before the anniversary of the date of the producer’s initial assessment.  O. Reg. 17/13, s. 1. Health Care and Handling of Dairy Cattle
34.3 (1) A producer of cow’s milk shall ensure that, (a)  areas where dairy cattle are stabled or cows are milked are clean and comfortable; and (b)  the hooves of dairy cattle are in good condition. O. Reg. 122/18, s. 8. (2) A producer of cow’s milk shall ensure that the ration, including water, that is provided to dairy cattle is adequate to maintain the dairy cattle’s health and vigour. O. Reg. 122/18, s. 8. (3) A producer of cow’s milk shall ensure that no part of the tail of dairy cattle is docked unless the docking is determined by a veterinarian licensed under the Veterinarians Act to be necessary for the health of the animal. O. Reg. 122/18, s. 8. (4) If the tail of dairy cattle is docked in accordance with subsection (3), the producer shall keep a written record of the veterinarian’s determination that the docking was necessary for the health of the animal and shall provide a copy of the record to a fieldperson on request. O. Reg. 122/18, s. 8. (5) No producer shall keep on the producer’s premises dairy cattle whose tails were docked on or after May 1, 2018 unless the tails were docked in accordance with subsection (3). O. Reg. 122/18, s. 8.
34.4 (1) Every producer of cow’s milk shall ensure that any dairy cattle on the producer’s premises is identified in accordance with the requirements set out in Part XV (Animal Identification) of the Health of Animals Regulations (Canada) made under the Health of Animals Act (Canada). O. Reg. 122/18, s. 8. (2) Every producer of cow’s milk shall ensure that any dairy cattle that is or will be loaded and transported within or from the producer’s premises is loaded and transported in accordance with, (a)  the requirements set out in Part XII (Transportation of Animals) of the Health of Animals Regulations (Canada) made under the Health of Animals Act (Canada); (b)  Ontario Regulation 444/19 (Standards of Care and Administrative Requirements) made under the Provincial Animal Welfare Services Act, 2019; and (c)  if applicable, Ontario Regulation 105/09 (Disposal of Deadstock) made under the Food Safety and Quality Act, 2001. O. Reg. 122/18, s. 8; O. Reg. 237/21, s. 1.
34.5 (1) Every producer of cow’s milk shall ensure that the carcass of any dairy cattle is disposed of within 48 hours of the animal’s death in accordance with the applicable requirement under Ontario Regulation 106/09 (Disposal of Dead Farm Animals) made under the Nutrient Management Act, 2002. O. Reg. 122/18, s. 8. (2) Prior to disposing of the carcass of any dairy cattle, the producer shall ensure that the carcass is kept away from public view and from any live animals and is not kept in any of the following places: 1.  Any building or premises in which dairy cattle are stabled or milked. 2.  A tank-truck loading area. 3.  A farm lane. O. Reg. 122/18, s. 8. (3) In subsection (2), “farm lane” means a laneway used by a tank-truck to travel from a public roadway to the tank-truck loading area on the premises of a producer of cow’s milk. O. Reg. 122/18, s. 8. Transporters
35. (1) No person shall transfer milk from a farm bulk tank, except the holder of a bulk tank milk grader’s certificate or an apprentice bulk tank milk grader’s certificate.  R.R.O. 1990, Reg. 761, s. 35 (1). (2) No person shall transfer milk to or from a tank-truck except by means of a hose.  R.R.O. 1990, Reg. 761, s. 35 (2).
36. (1) No person shall transport milk from a farm bulk tank except, (a)  in a tank-truck; or (b)  in cases where the milk is transported by a person who is a producer and processor, via pipes or hoses or in a tank vehicle, if the Director has determined that the pipes, hoses or tank vehicle provide a similar level of protection from contamination to that of a tank-truck. O. Reg. 152/23, s. 2. (2) No person shall operate a tank-truck for the transportation of milk except a tank-truck equipped with, (a)  a tank with an inside lining of stainless steel; (b)  an insulated dust-tight cabinet constructed of stainless steel for the holding of milk hose, a pump and other equipment used in transferring milk to or from the tank-truck; (c)  an insulated dust-tight cabinet for the holding of samples of milk and a means by which the samples are maintained at a temperature of not less than 1°C and not more than 4°C; (d)  a hose that has smooth surfaces, is readily cleaned, is not toxic and does not affect the flavour of milk that comes in contact with the hose; and (e)  spray-ball equipment for cleaning and sanitizing, by means of the continuous circulation of a cleaning fluid and a sanitizing fluid, all surfaces that come in contact with milk.  R.R.O. 1990, Reg. 761, s. 36 (2).
38.1 The producer shall ensure that no person begins to transfer milk from the farm bulk tank to a tank-truck or to a means described in clause 36 (1) (b) if the producer has knowledge that the milk contains an inhibitor or foreign substance. O. Reg. 122/18, s. 9; O. Reg. 152/23, s. 5.
39. (1) Subject to subsection (2), the operator of a tank-truck shall, immediately after each load is emptied, thoroughly clean and sanitize all surfaces of the tank-truck that come in contact with milk.  R.R.O. 1990, Reg. 761, s. 39 (1). (2) Where more than one load of milk is emptied from a tank-truck in any one day, the operator of the tank-truck shall, immediately after the last load of milk is emptied, thoroughly clean and sanitize all surfaces of the tank-truck that come in contact with milk.  R.R.O. 1990, Reg. 761, s. 39 (2). (3) The cleaning and sanitizing prescribed by subsections (1) and (2) shall be carried out at a tank-truck wash station or a milk transfer station.  R.R.O. 1990, Reg. 761, s. 39 (3). (4) After each cleaning and sanitizing of a tank-truck at a tank-truck wash station, the operator of the tank-truck shall, (a)  determine by inspection that the tank-truck is clean and sanitary; and (b)  keep a record of such cleaning and sanitizing in a form approved by the Director and retain such record for a period of ninety days.  R.R.O. 1990, Reg. 761, s. 39 (4). (5) Where the pick-up of a load of milk is not completed in one day, the operator of the tank-truck shall thoroughly clean and sanitize the pump and hose after the final pick-up on the first day or prior to use on the second day.  R.R.O. 1990, Reg. 761, s. 39 (5). (6) Every operator of a tank-truck shall maintain in a clean condition all surfaces of the tank-truck that do not come in contact with milk.  R.R.O. 1990, Reg. 761, s. 39 (6).
40. (1) Every plant shall be equipped with or the operator thereof shall have readily available a tank-truck wash station that complies with sections 41, 42 and 43.  R.R.O. 1990, Reg. 761, s. 40 (1). (2) The use of a tank-truck wash station and the equipment and materials for cleaning and sanitizing tank-trucks shall be made available by the operator of a plant without charge to operators of tank-trucks delivering milk to the plant.  R.R.O. 1990, Reg. 761, s. 40 (2). (3) The operator of a plant is not required to provide personnel to clean and sanitize tank-trucks, but is responsible for the safe and proper functioning of tank-truck washing equipment.  R.R.O. 1990, Reg. 761, s. 40 (3). (4) The uses of a tank-truck wash station and the equipment and materials at a plant are restricted to cleaning and sanitizing the interior of tanks and equipment thereon and washing the outside of tank-trucks.  R.R.O. 1990, Reg. 761, s. 40 (4).
41. (1) Owners of milk transfer stations and plants providing tank-truck washing facilities shall post on the wall of the facility in a prominent place the procedure to be used for cleaning a tank-truck including, (a)  the quantities of washing compound and water used in the washing cycle; (b)  the maximum and minimum water temperatures used in the washing cycle; (c)  the length of time used in the washing cycle; (d)  the quantities of sanitizer and water used in the sanitizing cycle; (e)  the manufacturer’s names for the washing and sanitizing compounds used; (f)  the instructions as to the procedures to be used in operating the equipment for cleaning the tank-truck; and (g)  the name of and the procedure for contacting the person to be contacted in the event of equipment failure or other information being required to operate the wash-up facilities.  R.R.O. 1990, Reg. 761, s. 41 (1). (2) The temperature of the water used in the washing cycle shall not be higher than 60°C nor lower than that recommended by the manufacturer of the washing compound.  R.R.O. 1990, Reg. 761, s. 41 (2). (3) The temperature of the water used in the sanitizing cycle shall not be higher than, (a)  the temperature of the cold water supply; or (b)  10°C, whichever is less.  R.R.O. 1990, Reg. 761, s. 41 (3). (4) Information regarding the use of acidified wash or rinse shall be posted in addition to the information required under subsection (1).  R.R.O. 1990, Reg. 761, s. 41 (4). (5) A tank-truck shall not be washed with acidified wash more than once a week.  R.R.O. 1990, Reg. 761, s. 41 (5).
42. (1) Every tank-truck wash station shall, (a)  have clear space sufficient for cleaning and sanitizing tank-trucks; (b)  have a floor that, (i)  is capable of supporting tank-trucks without sagging or heaving, (ii)  has a smooth surface that is impermeable to liquids, and (iii)  has a minimum 2 per cent slope towards the floor drain; (c)  have a drain that can be maintained in a sanitary condition located in the floor in an open position with a diameter of at least 15 centimetres and that is capable of draining any liquids from the floor; (d)  have, under pressure, an adequate supply of potable hot and cold water; (e)  have a means of lifting the wash hose safely to the top of the tank-truck; (f)  have an adequate supply of the materials required for cleaning and sanitizing tank-trucks; (g)  have a properly-functioning device for indicating washing compound content; (h)  have adequate means for cleaning small parts and the milk hose; (i)  have a pump with sufficient capacity and pressure to thoroughly clean all surfaces that come in contact with milk; (j)  have a return pump with a capacity equal to or greater than the capacity of the pump mentioned in clause (i) to remove the cleaning solution; (k)  have in the wash line on the suction side of the pump a removable pump filter which does not materially impede the flow of wash water; (l)  have in each tank containing a cleaning or sanitizing solution or in the line leading from the tank a thermometer clearly visible to the operator of a tank-truck; and (m)  have adequate means of sanitizing all surfaces that come in contact with milk.  R.R.O. 1990, Reg. 761, s. 42 (1). (2) A tank-truck wash station constructed or altered after the 1st day of January, 1988 shall have a door at least 3.7 metres wide and 4.3 metres high.  R.R.O. 1990, Reg. 761, s. 42 (2).
43. (1) Only washing compounds, wetting agents, sanitizing agents or other similar materials that are recommended by the manufacturers thereof for the cleaning or sanitizing of tank-trucks shall be used.  R.R.O. 1990, Reg. 761, s. 43 (1). (2) The materials mentioned in subsection (1) shall, (a)  be used in the manner recommended by the manufacturers; and (b)  be prepared and maintained for use by the operator of the tank-truck wash station.  R.R.O. 1990, Reg. 761, s. 43 (2).
44. (1) No person shall transport milk or cream for manufacture into a milk product in a tank-truck other than a tank-truck having a tank with an inside lining of stainless steel that is free from rust, open seams and other mechanical defects.  R.R.O. 1990, Reg. 761, s. 44 (1). (2) No operator of a plant shall receive milk or cream delivered to the plant in a tank-truck other than a tank-truck having a tank with an inside lining of stainless steel that is free from rust, open seams and other mechanical defects.  R.R.O. 1990, Reg. 761, s. 44 (2). (3) No transporter shall engage in the purchasing or selling of milk or the trafficking in milk unless so authorized by the marketing board.  O. Reg. 348/95, s. 6.
45.-47. Revoked: O. Reg. 61/22, s. 3. Milk Grading, Tests and Penalties
48. (1) Subject to subsection (2), no person other than a bulk tank milk grader shall accept, grade, reject, measure or sample, or supervise the accepting, grading, rejecting, measuring or sampling of milk from a farm bulk tank. R.R.O. 1990, Reg. 761, s. 48 (1); O. Reg. 901/21, s. 13. (2) An apprentice bulk tank milk grader may accept, grade, reject, measure or sample milk while supervised by a bulk tank milk grader. R.R.O. 1990, Reg. 761, s. 48 (2).
49. (1) Milk rejected at a plant or at a farm bulk tank shall be known as “rejected milk”.  R.R.O. 1990, Reg. 761, s. 49 (1). (2) No person shall sell, offer for sale, transport or deliver rejected milk for use as food, or in the preparation of food, for human consumption unless so authorized by the marketing board.  O. Reg. 348/95, s. 7. (3) No person shall remove a rejection tag from a farm bulk tank unless authorized to do so by the marketing board or the Director or until the milk for which the rejection tag was issued has been dumped and the farm bulk tank has been washed and sanitized.  O. Reg. 348/95, s. 7.
50. (1) Subject to subsection (2), no person other than a plant milk grader shall accept, grade, reject, measure or sample milk received in a plant or supervise the accepting, grading, rejecting, measuring or sampling of milk received in a plant. O. Reg. 61/22, s. 4. (2) An apprentice plant milk grader may accept, grade, reject, measure or sample milk under the supervision of a plant milk grader. O. Reg. 61/22, s. 4. (3) The plant milk grader shall accept or reject milk delivered by a tank-truck before any of the milk is removed from the tank-truck for any purpose other than testing. O. Reg. 61/22, s. 4.
51. (1) A plant milk grader or a bulk tank milk grader shall reject milk that, (a)  is not clean; (b)  has an objectionable flavour or odour; (c)  shows evidence of being watery, flaky, stringy, bloody, thick or adulterated; (d)  shows evidence of melted or churned fat floating on the surface of the milk; or (e)  contains any foreign substance.  R.R.O. 1990, Reg. 761, s. 51 (1); O. Reg. 61/22, s. 5 (1). (1.1) A bulk tank milk grader shall reject milk if any of the requirements relating to the milk house set out in subsection 12 (3) are not satisfied and, as a result, the bulk tank milk grader is unable to carry out an adequate visual inspection of the milk or to properly assess the flavour or odour of the milk, as is required to grade the milk. O. Reg. 122/18, s. 11; O. Reg. 61/22, s. 5 (2). (2) A plant milk grader shall reject milk that contains an inhibitor when tested by an official method at a laboratory approved by the Director.  R.R.O. 1990, Reg. 761, s. 51 (2); O. Reg. 61/22, s. 5 (3). (3) A plant milk grader may reject cow’s milk that is delivered to a plant if, (a)  the temperature of the milk is taken with an accurate thermometer upon delivery at the plant; and (b)  the temperature of the milk is found to be higher than 6ºC.  O. Reg. 35/12, s. 1; O. Reg. 61/22, s. 5 (4). (4) The bulk tank milk grader shall reject cow’s milk if, upon taking the temperature of the milk under clause 37 (1) (b), it is found to be higher than 10˚C.  O. Reg. 272/12, s. 3.
52. (1) The milk of every producer, (a)  shall be tested for bacterial content by an official method at least once each month; (b)  may be tested at any time by an official method for the presence of an inhibitor; and (c)  may be tested at any time by an official method to determine if the milk has an abnormal freezing point as described in subsection (5). O. Reg. 122/18, s. 12 (1); O. Reg. 237/21, s. 2 (1). (1.1) A test under subsection (1) shall take place at a laboratory approved by the Director.  O. Reg. 185/10, s. 2 (1). (2) The bacterial content for milk shall not exceed the following amounts: 1.  For each millilitre of cow’s milk, 50,000 colony forming units of bacteria (or 121,000 individual bacteria count). 2.  For each millilitre of goat’s milk, 50,000 colony forming units of bacteria (or 321,000 individual bacteria count). O. Reg. 122/18, s. 12 (2). (3) At least once in each month, the milk of every producer shall be tested for somatic cell content by an official method at a laboratory approved by the Director. O. Reg. 237/21, s. 2 (2). (4) The somatic cell count for milk shall not exceed the following amounts: 1.  For each millilitre of cow’s milk, 400,000 somatic cells. 2.  For each millilitre of goat’s milk, 1,500,000 somatic cells. O. Reg. 122/18, s. 12 (3). (5) The following freezing point test readings are abnormal freezing points: 1.  For cow’s milk, −0.506ºC or higher. 2.  For goat’s milk, −0.534ºC or higher. O. Reg. 122/18, s. 12 (3).
53. (1) Where a producer is aggrieved by the result of any test made under section 52, 54 or 57, or by the finding of a fieldperson under subsection 55 (5), the producer may so notify the Director and the Director shall, without a hearing, consider the matter and decide whether the result or finding should be confirmed, varied or rescinded.  O. Reg. 139/09, s. 5. (2) The Director shall provide written notice of the decision to the following: 1.  The producer. 2.  The director of the Food Inspection Branch of the Ministry of Agriculture, Food and Rural Affairs, or an alternate named by him or her. 3.  The marketing board.  O. Reg. 139/09, s. 5.