Oleomargarine Act
Loi sur la margarine
REGULATION 864
Amended to S.O., 2006, c.19, Sched.A, s.49
GENERAL
Note: This Regulation became spent some time before January 1, 2004.
Note: This Regulation was revoked on June 22, 2006. See: S.O., 2006, c.19, Sched.A, s.49.
This Regulation is made in English only.
Definitions
1.In this Regulation,
“analyst” means an analyst appointed under the Act;
“inspector” means an inspector appointed under the Act and includes the chief inspector;
“milk solids” means the solids consisting of butter fat, casein, albumen, sugar and ash in milk;
“refined oils” means fats or oils or any combination of fats and oils that have been refined or hydrogenated and that do not contain more than 1 per cent of substances other than fatty acids and fat.R.R.O. 1990, Reg. 864, s. 1.
Licences
2.(1)A person who manufactures oleomargarine is required to hold a licence in respect of each location at which the person manufactures oleomargarine.
(2)An application for a licence to manufacture oleomargarine shall be made to the chief inspector.
(3)The fee for a licence is $500 in respect of each location at which oleomargarine is manufactured and shall accompany the application. O.Reg. 65/92, s. 1.
3.(1)An application for a licence to sell oleomargarine by wholesale shall be made to the chief inspector.
(2)The fee for a licence is $50 and shall accompany the application. O.Reg. 65/92, s. 1.
4.(1)Licences are valid from and including the 1st day of January in the year of issue to and including the 31st day of December in the same year.
(2)Licences are not transferable.R.R.O. 1990, Reg. 864, s. 4.
Standards of Quality
5.(1)Oleomargarine shall contain refined oils of animal, fish, marine-animal, marine or vegetable origin, or any combination thereof.
(2)The refined oils mentioned in subsection (1) shall be fit for human consumption and shall comprise,
(a)in the case of diet oleomargarine, not more than 40 per cent, or
(b)in the case of oleomargarine other than diet oleomargarine, not less than 80 per cent,
by weight of the oleomargarine.R.R.O. 1990, Reg. 864, s. 5.
6.(1)Where oleomargarine other than diet oleomargarine contains,
(a)water, the water shall not exceed 16 per cent by weight of the oleomargarine; or
(b)milk solids, the milk solids shall not exceed 1.4 per cent by weight of the oleomargarine.
(2)Where diet oleomargarine contains milk solids, the milk solids shall not exceed 2.8 per cent by weight of the oleomargarine. R.R.O. 1990, Reg. 864, s. 6.
7.Each holder of a manufacturer’s licence shall make, and keep for a period of at least one year, a record in respect of the oleomargarine that the holder manufactures showing,
(a)the name or trade name under which the oleomargarine is sold in Ontario;
(b)the quantity of oleomargarine manufactured; and
(c)the names and addresses of the persons within Ontario to whom the oleomargarine is sold or delivered and the quantity sold or delivered to each person.R.R.O. 1990, Reg. 864, s. 7.
8.Each holder of a wholesaler’s licence shall make, and keep for a period of at least one year, a record in respect of the oleomargarine that the holder buys showing,
(a)the name or trade name under which the oleomargarine is sold in Ontario;
(b)the quantities of oleomargarine that are bought and sold by the wholesaler; and
(c)the names and addresses of the persons from whom the oleomargarine was obtained.R.R.O. 1990, Reg. 864, s.8.
9.(1)Every package other than an individual serving package containing oleomargarine shall be marked and labelled so that,
(a)the word “oleomargarine” or “margarine” shall be on the main panel of the package in letters at least 12 millimetres high;
(b)a list of the ingredients in the oleomargarine and the percentage of each such ingredient shall be on the package in letters at least 1.5 millimetres high; and
(c)the kinds of refined oil forming an ingredient in the oleomargarine and the percentage that each kind is of the total refined oil shall be on,
(i)the main panel of the package, and
(ii)any panel of the package that is similar in appearance to the main panel,
in letters at least 3 millimetres high.
(2)Where the trade name on a package containing oleomargarine appears on other than the main panel of the package, the trade name shall be followed by the word “oleomargarine” or “margarine” in letters at least 9 millimetres high.
(3)Where the refined oils mentioned in subsection 5 (1) comprise not more than 40 per cent by weight of the oleomargarine, the word “diet” shall precede the word “oleomargarine” or “margarine” wherever it appears on the package containing oleomargarine in letters not smaller than those in the word “oleomargarine” or “margarine” which the word “diet” precedes.
(4)Every package other than an individual serving package containing oleomargarine shall have legibly marked thereon in letters at least 3 millimetres high,
(a)the name and address of the manufacturer or wholesaler thereof; or
(b)where the wholesaler is not the manufacturer, the name and address, or such other identification as may be approved by the chief inspector, of the manufacturer thereof.
(5)Where oleomargarine is packaged in individual servings,
(a)the word “oleomargarine” or “margarine” shall appear on the main panel of the package in letters at least 4.5 millimetres high; and
(b)the kinds of refined oil and the percentage of each in the oleomargarine shall appear on the main panel of the package in letters at least 3 millimetres high.
(6)No person shall mark or label or sell, offer for sale or have in the person’s possession for sale any oleomargarine in a package that does not comply with the provisions of the Act or this Regulation. R.R.O. 1990, Reg. 864, s.9.
Powers and Duties of Inspectors
10.(1)For the purpose of making an inspection an inspector may, at all reasonable hours, enter,
(a)premises where oleomargarine is manufactured, stored, held for transport or delivery, or sold;
(b)public eating-places; and
(c)conveyances used for transport or delivery of oleomargarine or products used in the manufacturing of oleomargarine.
(2)In making an inspection an inspector may examine,
(a)apparatus and equipment used in the manufacturing of oleomargarine;
(b)materials or substances used in the manufacturing and packaging of oleomargarine; and
(c)records of the manufacture, sale and delivery of oleomargarine.
(3)For the purpose of making an analysis of oleomargarine or food products that in his or her opinion contain oleomargarine, an inspector may obtain samples in sufficient quantity for making an analysis. R.R.O. 1990, Reg. 864, s. 10(1-3).
(4)Where an inspector obtains a sample under subsection (3), the inspector shall,
(a)make a written report showing the time and place of obtaining the sample, the name of the person in charge of the premises, a description of the oleomargarine or food products, the approximate quantity obtained and the price paid therefor; and
(b)deliver a copy of the report to the person in charge of the premises or conveyance. R.R.O. 1990, Reg. 864, s.10(4); O.Reg. 65/92, s.2(1).
(5)Where an analyst makes an analysis of a sample, the analyst shall make a report to the chief inspector stating the component parts and the percentages thereof and the colour of the oleomargarine.R.R.O. 1990, Reg. 864, s.10(5); O.Reg. 65/92, s.2(2).
Detention
11.Where an inspector finds oleomargarine that he or she has reasonable grounds to believe does not comply with the provisions of the Act and this Regulation, the inspector may,
(a)place the oleomargarine under detention for such period of time as is required for analysis of a sample of the oleomargarine by an analyst including the time required for the preparation and issuance of the analyst’s report; and
(b)take possession of and move the oleomargarine to suitable storage facilities at the risk and expense of the owner.R.R.O. 1990, Reg. 864, s. 11.
12.(1)Where, after an analysis made under section 10 or 11, or as a result of visual inspection, an inspector is satisfied that the oleomargarine does not comply with the provisions of the Act and this Regulation, the inspector may,
(a)place the oleomargarine under detention; and
(b)take possession of and move the oleomargarine to suitable storage facilities at the risk and expense of the owner. R.R.O. 1990, Reg. 864, s. 12(1).
(2)Where an inspector has placed oleomargarine under detention, the inspector shall attach to the package or any container of packages a numbered tag having in bold type the words “oleomargarine under detention” and no person shall sell, offer for sale, move, allow or cause to be moved the oleomargarine or package or container of packages or remove the detention tag without the written authority of an inspector. R.R.O. 1990, Reg. 864, s. 12(2); O.Reg. 65/92, s.3.
13.An inspector who is satisfied that oleomargarine placed under detention complies with the Act and this Regulation shall remove the detention tag and release the oleomargarine.O.Reg. 65/92, s. 4.
14.(1)An inspector shall confiscate in favour of the Crown in right of Ontario oleomargarine placed under detention if,
(a)the inspector has delivered or sent by registered mail a copy of the inspector’s report and the analyst’s report, if any, to the person in charge of the premises where the oleomargarine was placed under detention and to the manufacturer whose name, if any, appears on the package or container;
(b)a period of at least thirty days has elapsed from the delivery or sending of the report or reports mentioned in clause (a); and
(c)the inspector is satisfied, after a hearing, that the oleomargarine does not comply with the Act and this Regulation. O.Reg. 65/92, s. 5.
(2)Where oleomargarine has been confiscated, it may be sold or otherwise disposed of as the chief inspector directs, and the money, if any, derived therefrom shall be paid to the Minister of Finance.R.R.O. 1990, Reg. 864, s. 14(2).
Forms 1-7 Revoked: O.Reg. 65/92, s.6.
(NOTE: By Order in Council made February 3, 1993, the powers and duties of the Treasurer of Ontario were transferred to the Minister of Finance.)
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