Merry Dairy forced to pull tubs of ice cream off store shelves

The Merry Dairy is pausing its wholesale operations after a visit from the provincial government came stating the business was violating the Milk Act due to not being a licensed dairy plant. 

The Ottawa business supplies tubs of ice cream to 15 local businesses around the city, and had to make some tough calls on Thursday, July 28 after the visit from the Ontario Ministry of Agriculture, Food and Rural Affairs.

“Calling them all yesterday was not easy, saying can you pull the 30 pints you have on your shelf and we're going to take them back,” explained Marlene Haley, the owner of Merry Dairy in an interview with CityNews Ottawa on Friday, July 29.

Haley said an inspector visited the store without warning. 

“We didn't realize we weren't compliant, but even just getting a warning and then letting people know, but it was all just immediate,” said Haley. “We just feel that it's punishing a small business and the way it's implemented just doesn't feel logical.”

The officer then presented us with pieces of paper to sign, like confessions, attesting that we weren't in fact a dairy and that we would halt wholesale operations. Non-signings would be noted. No reason was given for the visit, except to say that someone had informed them.

— The Merry Dairy (@TheMerryDairy) July 29, 2022

Due to it being a busy summer season, Haley said she doesn't have time to research the Milk Act and what changes would need to be made, so she will simply sell tubs at the Merry Dairy location.

She's hopeful to find some sort of compromise with the province.

“All our wholesale clients they're not big box stores, they're local businesses like us, small businesses, and I think if we want to continue having that, then maybe they (the province) need to look into a Milk Act that is from a long time ago and maybe things can be changed,” she said. 

Jack Sullivan, the director of communications for Minister of Agriculture, Food and Rural Affairs Lisa Thompson, in a statement to CityNews Ottawa, said the minister's office has been in contact with Haley to offer support in order for the business to become a licensed dairy plant and compliant with all health and safety standards under the Milk Act. 

“As part of the high food safety standards our province has, businesses that process and distribute milk products, including for wholesale purposes, are required to obtain a licence under the Milk Act to ensure they meet appropriate standards,” he said.