The Ontario Ministry of Agriculture, Food and Agribusiness intends to amend the Milk Act and the Food Safety and Quality Act.
The changes address situations that have evolved.
The ministry says the milk components found in dairy products no longer strictly come from unprocessed raw milk and cream - milk ingredients (rather than raw milk) are increasingly used by processors in the manufacturing of dairy products.
Legislation will be needed to make that change.
It is also moving to extend marketing board pricing controls to ingredients.
This will “support consistency in the end use pricing of milk products,” it said.
“The proposed amendments would expand the definition of a regulated product to include milk products, or milk products used as ingredients in processing.
"Subsequent amendments to regulations under the Act would provide DFO (Dairy Farmers of Ontario marketing board) with authority to licence any person marketing milk products and ensure their compliance with the end use pricing regime.
“These proposed amendments seek to safeguard the integrity of the supply management system, including creating uniform market conditions for processors whether they buy milk from DFO or not,” it said in its posting on the province’s regulatory registry.
OMAFA also said “there is inconsistent regulatory food safety oversight of milk in Ontario because the Milk Act does not provide for oversight of the production, transportation or processing of milk from species other than cow and goat. This situation persists even though the same food safety risks exist for milk from different species (cow, goat, sheep, water buffalo).
“Furthermore, the food safety policy for cow and goat milk is developed by the Ontario Farm products Marketing Commission (OFPMC) - an agency comprised of part-time appointees of the Lieutenant Governor in Council (LGIC often referred to as the cabinet) where food safety is not part of its core mandate.“
OMAFA is proposing to amend the Milk Act and the FSQA (Food Safety and Quality Act) to enable the transfer of food safety and quality provisions from the Milk Act and its regulations to future regulations under the FSQA.
“This would allow for the future development of modern, outcome-based dairy food safety regulations for milk and milk products from all species under a more suitable statute (FSQA) made by the LGIC (cabinet), as is the case with all other foods in Ontario.
Although it does not explicity say so, the Ontario Farm Product Marketing Commission would no longer delegate milk inspection and dairy farm standards and inspection to the milk board.
It's not clear from the proposals whether there would continue to be that delegation under the Food Safety and Quality Act.
OMAFA said it “will look for appropriate opportunities to reduce regulatory compliance obligations for businesses as a part of the legislative alignment while continuing to safeguard the public interest.
The Milk Act would continue to focus on the regulated marketing of cow milk.”
It doesn't look like Premier Doug Ford had a hand in these proposals, but he might learn that they won't go down easily or well with the rural constituencies that account for his majority.