The regulation defines disposable and laminated containers, classifies certain containers as disposable containers for milk, and prohibits using a disposable container for milk for off-premises sale of fluid milk products, with two exemptions.
1. (1) In this Regulation, “disposable container” means a container, (a) that is used to contain a product or products sold or intended for sale and that will not be accepted for reuse as a container and refilled with the same product or products by a manufacturer, processor, distributor or retail vendor of the product or products, or (b) for which no deposit is or will be charged at the time of sale of the product or products at retail and for which, as a used container, no money or money’s worth will be paid or given by a manufacturer, processor, distributor or retail vendor of the product or products sold or intended for sale in the container. (2) In this Regulation, “laminated container” means a container, (a) that is customarily sold singly at retail, (b) that, when sold at retail, contains a quantity of milk not exceeding one litre and is labelled to indicate that the milk has a shelf life exceeding four months from the date the container was filled with milk, and (c) that is made up of several layers of material fastened together throughout its area. R.R.O. 1990, Reg. 344, s. 1. 2. Disposable containers, other than, (a) plastic film pouches; (b) laminated containers; (c) coated paper containers; and (d) any disposable container having a capacity of less than one pint, in which fluid milk products are or are intended to be sold are classified as disposable containers for milk. R.R.O. 1990, Reg. 344, s. 2. 3. No person shall use a disposable container for milk as a container for a fluid milk product that is or is intended to be sold for consumption off the premises of the retail vendor of the fluid milk product. R.R.O. 1990, Reg. 344, s. 3. 4. The following persons are exempt from section 3: 1. A person who fills, distributes or sells at retail, in compliance with the provisions of an agreement between the Minister and the person providing for the recycling of empty used disposable containers, a disposable container for which a deposit is charged in accordance with the agreement. 2. A person who fills, distributes or sells at retail a disposable container, other than a container described in paragraph 1, that is composed of a material that is collected by a multi-material recycling program if the reported percentage of households in Ontario from which the material may be collected as set out in the most recent Datacall report of the Resource Productivity and Recovery Authority is at least 90 per cent. O. Reg. 223/18, s. 1.