Milk Offences: Ontario's Legal Framework

Question: How can dairy operators in Ontario ensure compliance with pasteurization regulations under the Ontario Food Premises Regulation 493/17?

Answer: To comply with the pasteurization requirements of sections 39 through 46 of the Ontario Food Premises Regulation, 493/17, dairy operators should implement advanced monitoring systems to accurately record temperature and time during pasteurization, ensure meticulous record-keeping for at least one year, and verify that all milk products are properly labelled. Adopting these practices helps avoid legal penalties and maintains consumer trust. Need guidance?

Answer: Contact DefendCharges.ca for a free 15-minute consultation to explore your compliance strategies.

Defending Milk and Milk Product-Related Offences Under Ontario Food Premises Regulation 493/17

Introduction: In Ontario, the handling and processing of milk and milk products are governed by stringent regulations to ensure public health and safety. The Ontario Food Premises Regulation 493/17 lays out specific requirements under sections 39 through 46 concerning pasteurization, sterilization, cooling, and labeling of milk products. Understanding these provisions is crucial for those involved in the dairy industry and legal professionals defending related offences.

Regulatory Background on Milk Products in Ontario

The Ontario Food Premises Regulation 493/17 aims to control the safety and quality of milk and milk products. These rules are enforced to prevent the spread of foodborne illnesses and ensure that dairy products reaching consumers are safe for consumption. Sections 39 through 46 specifically address methods of pasteurization and sterilization, cooling requirements, equipment standards, and labelling protocols. Violating these regulations can result in significant penalties, making compliance essential for dairy operators.

Key Challenges and Issues in Compliance

Non-compliance with the aforementioned sections of Regulation 493/17 can present several challenges for dairy operators. Here are some of the critical issues:

• Pasteurization Errors: Proper pasteurization involves specific temperature and time requirements. Deviations can result in insufficient pasteurization, compromising product safety and leading to potential legal issues.
• Inadequate Record-Keeping: Regulations mandate detailed record-keeping during pasteurization processes. Failure to maintain, accurately record, or furnish these records upon request can result in legal penalties.
• Labeling Non-Compliance: Milk products must be accurately labeled with required details, including indications of sterilization. Mislabeling or improper identification could lead to sanctions and recalls, affecting business operations.

Detailed Analysis of Compliance Elements

Understanding the specifics of each section provides clarity on how to maintain compliance:

Pasteurization and Sterilization Requirements: The regulation specifies different pasteurization temperatures for milk products based on fat content. Section 39 mandates that milk with less than 10 per cent milk fat be pasteurized by either heating to at least 63°C for 30 minutes or 72°C for 15 seconds. For milk with 10 per cent or more milk fat, the temperatures increase slightly to 66°C for 30 minutes or 75°C for 15 seconds. Commercial sterilization must reach at least 135°C for two seconds.

Cooling Standards: Section 40 requires immediate cooling of products after pasteurization to a temperature of 4°C or lower, with certain exemptions such as further processing before packaging or products that are freeze-dried or sterilized.

Equipment and Record-Keeping: Sections 41 and 42 cover the equipment standards for pasteurizers, including the necessity of thermometers and recording devices, and the mandatory records that must be maintained. These records must be readily available for inspection for at least a year and detail every facet of the pasteurization process.

Solutions and Recommendations for Dairy Operators

By addressing the issues outlined earlier, dairy operators can better manage compliance:

• Implementing Rigorous Monitoring Systems: Employ advanced technology to monitor and accurately record temperature and time during pasteurization to ensure compliance with the regulation.
• Adopting Comprehensive Record-Keeping Practices: Develop and follow a structured protocol for record-keeping to ensure all necessary information is documented and accessible for the required duration.
• Ensuring Proper Labeling and Identification: Review and verify all labeling processes to ensure accuracy in identifying products as pasteurized, sterilized, and properly marked with necessary information, including storage instructions.

A Well-Known Case Scenario

One notable case involved a dairy processor in Ontario that faced penalties for failing to comply with proper pasteurization techniques and record-keeping mandates. The operator’s inability to provide accurate pasteurization records led to a temporary suspension of their license until compliance was assured. This scenario underscores the importance of adhering strictly to regulatory requirements to avoid operational disruptions and legal consequences.

Conclusion

Compliance with sections 39 through 46 of the Ontario Food Premises Regulation 493/17 is critical for ensuring the safety and quality of milk products in Ontario.  By understanding and adhering to pasteurization, sterilization, and labeling requirements, dairy operators can avoid legal pitfalls and ensure the continued trust of consumers.