Short Title

1 These Regulations may be cited as the Dairy Products Regulations.

Interpretation

2 In these Regulations,

acceptable method

acceptable method means a method of analysis or examination designated by the Minister as acceptable for use in the administration of the Act and these Regulations; (méthode acceptable)

acid-type whey powder

acid-type whey powder means whey powder that results from the drying of cottage cheese whey or cream cheese whey and that contains not less than 0.30 per cent acid by weight; (lactosérum acide en poudre)

Act

Act means the Canada Agricultural Products Act; (Loi)

adulterated

adulterated[Repealed, SOR/2004-80, s. 5]

Agency

Agency means the Canadian Food Inspection Agency established by section 3 of the Canadian Food Inspection Agency Act; (Agence)

blended skim milk and whey powder

blended skim milk and whey powder or blended whey and skim milk powder means a combination of skim milk powder and whey powder; (mélange de lait écrémé et de lactosérum en poudre ou mélange de lactosérum et de lait écrémé en poudre)

butter product

butter product means calorie-reduced butter, dairy spread, light butter (lite butter) and whey butter; (produit du beurre)

buttermilk powder

buttermilk powder means buttermilk in powder form; (babeurre en poudre)

certificate of inspection

certificate of inspection means a certificate of inspection issued by the Agency; (certificat d’inspection)

commercial sterility

commercial sterility means the condition obtained in a dairy product that has been processed by the application of heat alone or in combination with other treatments, to render the dairy product free from viable forms of micro-organisms, including spores, that would be capable of growing in the dairy product at normal temperatures at which the dairy product is designed to be held during distribution and storage; (stérilité commerciale)

common name

common name means

• (a) in the case of a product for which a standard is established by the Food and Drug Regulations, the common name of the product within the meaning of those Regulations,

• (b) in the case of a product for which a standard is prescribed by these Regulations, the common name prescribed by these Regulations, and

• (c) in any other case, the name by which the product is generally known; (nom usuel)

container

container[Repealed, SOR/88-88, s. 1]

contaminated

contaminated, in respect of a dairy product, means containing, for any reason whatsoever, a chemical, drug, food additive, heavy metal, industrial pollutant, ingredient, medicament, microbe, pesticide, poison, toxin or any other substance not permitted by, or in an amount in excess of limits prescribed under, or regulated by the Canadian Environmental Protection Act, 1999, the Food and Drugs Act and the Pest Control Products Act; (contaminé)

country of origin

country of origin, with respect to a dairy product, means the country in which the product was manufactured or the country in which the product last received significant processing; (pays d’origine)

critical factors

critical factors means the physical and chemical factors that affect the capability of the thermal process to achieve commercial sterility in a dairy product; (facteurs critiques)

cultured butter

cultured butter[Repealed, SOR/90-472, s. 1]

dairy product

dairy product means milk or a product thereof, whether alone or combined with another agricultural product, that contains no oil or fat other than that of milk; (produit laitier)

dairy spread

dairy spread[Repealed, SOR/90-472, s. 1]

Director

Director means the Director designated by the President of the Agency; (directeur)

edible

edible means fit for use as food; (version anglaise seulement)

edible acid casein

edible acid casein[Repealed, SOR/88-623, s. 1]

edible casein

edible casein means the dry product obtained by separating, washing and drying the coagulum of skim milk, where the coagulum is obtained by precipitation with a food grade acid; (caséine comestible)

edible caseinate

edible caseinate means the dry product obtained by the reaction of a food grade neutralizing agent on edible casein or fresh edible casein curd, the product of which is then subjected to an appropriate drying treatment; (caséinate comestible)

food

food has the same meaning as in section 2 of the Food and Drugs Act; (aliment)

food additive

food additive has the same meaning as in section B.01.001 of Part B of the Food and Drug Regulations; (additif alimentaire)

formulation

formulation means, in respect of a dairy product,

• (a) its ingredients and components, including food additives, and

• (b) the relative proportions of its ingredients and components; (formulation)

further processing

further processing means further treating a dairy product or subjecting it to heat, either alone or in the process of being used as an ingredient in food manufacturing; (transformation ultérieure)

grade certificate

grade certificate[Repealed, SOR/2002-354, s. 15]

grated cheese product

grated cheese product[Repealed, SOR/95-548, s. 2]

hermetically sealed container

hermetically sealed container means a container that is designed to be secure against the entry of micro-organisms, including spores; (récipient hermétiquement fermé)

ingredient

ingredient means an individual unit of food that is combined with one or more other individual units of food to form an integral unit of food; (ingrédient)

instant

instant, with respect to a dried milk product, means a dried milk product that has been processed to significantly improve dispersability and solubility; (instantané)

low-acid dairy product

low-acid dairy product means a dairy product any component of which has a pH value above 4.6 and a water activity (Aw) above 0.85; (produit laitier peu acide)

M

M means one million (1,000,000); (M)

milk

milk or whole milk, as used in the manufacture of dairy products, means the normal lacteal secretion, free from colostrum, obtained from the mammary gland of an animal; (lait ou lait entier)

milk fat

milk fat or butter fat, in the case of fat from cow’s milk, means fat from cow’s milk that meets the requirements of section B.08.006 of the Food and Drug Regulations; (matière grasse du lait)

milk product

milk product means any of the following, namely,

• (a) partly skimmed milk, skim milk, cream, buttermilk, whey and whey cream,

• (b) milk in concentrated, dried, frozen or reconstituted form and any product referred to in paragraph (a) in concentrated, dried, frozen or reconstituted form,

• (c) butter, butter oil and whey butter,

• (d) milk solids, and

• (e) whey protein concentrate; (produit du lait)

milk solids

milk solids means

• (a) in respect of a dairy product, other than cheese, for which a grade or standard is established under these Regulations, any constituent of milk — other than water or casein — singly or in combination with other constituents of milk, that has not been altered in its chemical composition, and

• (b) in respect of cheese, any constituent of milk — other than water — singly or in combination with other constituents of milk; (solides du lait)

Minister

Minister means the Minister of Agriculture and Agri-Food; (ministre)

mix for frozen dairy products

mix for frozen dairy products means ice cream mix, light ice cream mix, ice milk mix and frozen dairy dessert mix; (mélange à produit laitier glacé)

official method

official method[Repealed, SOR/90-111, s. 2]

operator

operator means the person who is responsible for the operation of a registered establishment; (exploitant)

packaged cheese

packaged cheese means the product resulting from the comminuting and mixing of one or more lots of cheese with the aid of heat or emulsifying agents, and includes prepackaged cream cheese and prepackaged cream cheese products, prepackaged grated cheese and prepackaged grated cheese product; (fromage sous contenant)

packed in bulk

packed in bulk, with respect to a dairy product, means a dairy product that has been placed directly into a container for the purpose of storing, shipping or marketing where the product is not ordinarily sold to or used or purchased by a consumer without being repackaged; (emballé en vrac)

partly-skimmed milk powder

partly-skimmed milk powder means partly-skimmed milk in powder form; (lait partiellement écrémé en poudre)

pasteurized

pasteurized, with respect to a dairy product, means that the product or that the milk product from which it was made was subjected, under controlled conditions, to heat at a temperature and for a time sufficient to destroy all of the pathogenic types of micro-organisms and most of the other organisms present; (pasteurisé)

permitted

permitted, with respect to food additives, sweetening agents or vitamins, means permitted or authorized by the Food and Drug Regulations; (autorisé)

permitted bacterial culture

permitted bacterial culture means a bacterial culture that meets the requirements of section B.08.050 of the Food and Drug Regulations; (culture bactérienne autorisée)

prepackaged

prepackaged, with respect to a dairy product, means a dairy product that is packaged in a container in such a manner that it is ordinarily sold to or used or purchased by a consumer without being repackaged; (préemballé)

prepared or preserved meat

prepared or preserved meat means a meat product prepared or preserved in accordance with the Meat Inspection Act and Regulations made thereunder; (viande préparée ou conservée)

principal display panel

principal display panel and principal display surface have the meanings set out for those terms in section 2 of the Consumer Packaging and Labelling Regulations; (espace principal et principale surface exposée)

processing grade

processing grade[Repealed, SOR/98-216, s. 1]

program manager

program manager[Repealed, SOR/98-216, s. 1]

Regional Director General

Regional Director General[Repealed, SOR/98-216, s. 1]

registered establishment

registered establishment means an establishment that is registered in accordance with section 10; (établissement agréé)

registration number

registration number means the number assigned to a registered establishment under section 10; (numéro d’agrément)

roller-dried

roller-dried[Repealed, SOR/92-248, s. 1]

scheduled process

scheduled process means the thermal process alone, or in combination with critical factors, chosen by an operator for a particular dairy product formulation, container type and size and unit of thermal processing equipment, that will achieve commercial sterility in the dairy product; (traitement programmé)

seasoning

seasoning means a condiment, spice or herb used to savour, but does not include salt; (assaisonnement)

skim milk powder

skim milk powder (dry skim milk) means skim milk in powder form; (lait écrémé en poudre)

spray-dried

spray-dried, with respect to a dried milk product, means a dried milk product produced by a spray drying process; (desséché par pulvérisation)

ultrafiltered

ultrafiltered, in relation to milk, partly skimmed milk or skim milk, means that the milk, partly skimmed milk or skim milk has been subjected to a process in which it is passed over one or more semi-permeable membranes to partially remove water, lactose, minerals and water-soluble vitamins without altering the whey protein to casein ratio and that results in a liquid product. (ultrafiltré)

water activity

water activity means the ratio of the water vapour pressure of a dairy product to the vapour pressure of pure water at the same temperature and pressure; (activité de l’eau)

whey butter

whey butter[Repealed, SOR/90-472, s. 1]

whey powder

whey powder means whey in powder form; (lactosérum en poudre)

whipped butter

whipped butter[Repealed, SOR/90-472, s. 1]

whipped dairy spread

whipped dairy spread[Repealed, SOR/90-472, s. 1]

whole milk powder

whole milk powder means whole milk in powder form. (lait entier en poudre)

Prohibition

2.1 Where a grade or standard is established under these Regulations for a dairy product, no person shall market any product in import, export or interprovincial trade in such a manner that the product is likely to be mistaken for the dairy product.

PART IHealth and Safety

• 2.2 (1) Subject to subsections (2) and (3), no person shall market a dairy product in import, export or interprovincial trade as food unless the dairy product

  • (a) [Repealed, SOR/2004-80, s. 6]

  • (b) is not contaminated;

  • (c) is edible;

  • (d) is prepared in a sanitary manner; and

  • (e) meets all other requirements of the Food and Drugs Act and the Food and Drug Regulations with respect to the dairy product.

• (2) A dairy product that has been contaminated may be marketed in export or interprovincial trade as food where the dairy product, before being marketed, is prepared in such a manner that it meets the requirements of paragraphs (1)(b) to (e).

• (3) No person shall, for the purpose of preparing a dairy product referred to in subsection (2) in such a manner that it meets the requirements of paragraphs (1)(b) to (e), mix the dairy product with a dairy product that is not contaminated.

• (4) For the purpose of paragraph (1)(d), prepared in a sanitary manner means prepared in accordance with section 11.1.

2.3 A dairy product that is contaminated may be marketed in import, export or interprovincial trade as animal food if it is

• (a) fit for use as animal food;

• (b) labelled with the words “Animal Food” or “Aliments pour animaux” or the words “For Animal Feed” or “Pour alimentation animale”;

• (c) prepared separately from dairy products intended for use as food; and

• (d) where appropriate, treated to give it the appearance of being inedible.

2.4 An inspector may direct that a dairy product be disposed of or destroyed where the inspector suspects on reasonable grounds that the dairy product

• (a) [Repealed, SOR/2004-80, s. 8]

• (b) is contaminated;

• (c) does not meet the requirements of subsection 2.2(1) or section 2.3 and cannot be prepared in such a manner that it meets those requirements; or

• (d) is otherwise injurious to the health of any person.

PART I.1Standards

Grades and Grade Names

• 3 (1) The grade and grade name for butter, butter products and cheddar cheese is Canada 1.

• (2) The grades and grade names for dry milk products are Canada 1 and Canada 2.

3.1 [Repealed, SOR/98-216, s. 2]

Terms and Conditions of Grading

4 A dairy product may be graded only if

• (a) it meets the appropriate standards set out in section 6 for the particular product;

• (b) and (c) [Repealed, SOR/90-472, s. 3]

• (d) it meets the requirements for a grade set out in this Part;

• (e) it meets the requirements of the Food and Drugs Act and Regulations thereunder;

• (f) it is free from any contaminating substances;

• (g) it contains no toxic substances;

• (h) it is undamaged and uncontaminated by vermin;

• (i) it is free from salmonella and listeria monocytogenic organisms, as determined by acceptable methods; and

• (j) it does not exceed the permitted level of coliforms.

5 [Repealed, SOR/98-216, s. 3]

Standards for Butter, Butter Products and Cheddar Cheese

• 6 (1) Butter and butter products the common names of which are set out in Column I of the items of the table to this subsection shall meet the following standards:

  • (a) they shall be the foods prepared in accordance with good manufacturing practices from pasteurized milk or pasteurized milk products;

  • (b) they shall contain milk fat and, where applicable, calories in the percentages set out in Column II of an item of that table; and

  • (c) they may contain only those permitted ingredients that are set out in column III of an item of that table.

  	Column I	Column II	Column III
  Item	Common Name	Percentage of Milk Fat and Calories	Permitted Ingredients
  1	Butter	Minimum 80% milk fat by weight	Milk solids, salt, air or inert gas, permitted food colour, permitted bacterial culture
  2	Whey Butter	Minimum 80% milk fat, recovered from whey, by weight	Milk solids, salt, air or inert gas, permitted food colour, permitted bacterial culture
  3	Light Butter or Lite Butter	Minimum 39% milk fat by weight; maximum 60% milk fat by weight	Milk solids, salt, air or inert gas, permitted food colour, permitted bacterial culture
  4	Calorie-Reduced Butter	Maximum 39% milk fat by weight; maximum 50% of calories of butter	Milk solids, salt, air or inert gas, permitted food colour, permitted emulsifying and stabilizing agents, permitted preservative, permitted bacterial culture, up to 1% added edible casein or edible caseinates
  5	Dairy Spread	Minimum 39% milk fat by weight; maximum 80% milk fat by weight	Milk solids, salt, air or inert gas, permitted food colour, permitted emulsifying and stabilizing agents, permitted preservative, permitted bacterial culture, up to 1% added edible casein or edible caseinates

• (2) Butter and butter products shall be designated as

  • (a) “whipped” where they have had air or inert gas uniformly incorporated into them as a result of whipping; and

  • (b) “cultured” where they have been produced from cream to which a permitted bacterial culture has been added.

• (2.1) Whipped butter may contain up to one per cent added edible casein or edible caseinates.

• (3) Cheddar cheese shall be the product made by coagulating milk, milk products or a combination thereof with the aid of bacteria to form a curd and subjecting the curd to the cheddar process or any process other than the cheddar process that produces a cheese having the same physical, chemical and organoleptic properties as those of cheese produced by the cheddar process, and

  • (a) shall contain

    • (i) not more than 39 per cent moisture, and

    • (ii) not less than 31 per cent milk fat;

  • (b) may contain

    • (i) salt,

    • (ii) bacterial cultures to aid in further ripening,

    • (iii) permitted firming agents,

    • (iv) permitted preservatives, and

    • (v) permitted food colour;

  • (c) shall have

    • (i) a casein content that is derived from milk or from ultrafiltered milk, partly skimmed milk, ultrafiltered partly skimmed milk, skim milk, ultrafiltered skim milk or cream, rather than from other milk products, that is at least 83 per cent of the total protein content of the cheese, and

    • (ii) a whey protein to casein ratio that does not exceed the whey protein to casein ratio of milk; and

  • (d) shall not be designated as cheddar cheese that has been aged unless

    • (i) it is made solely with milk, ultrafiltered milk, partly skimmed milk, ultrafiltered partly skimmed milk, skim milk, ultrafiltered skim milk or cream or a combination of those things, and

    • (ii) it has been aged for at least nine months and the period for which it has been aged is specified on the principal display panel of the label of the product.

• (4) Cheddar cheese may contain more than the maximum percentage of moisture set out in subparagraph (3)(a)(i) and less than the minimum percentage of milk fat set out in subparagraph (3)(a)(ii) if

  • (a) a statement or claim set out in column 4 of any of items 12 to 14, 16, 20, 21 and 45 of the table following section B.01.513 of the Food and Drug Regulations is shown on the label of the product as part of the common name; and

  • (b) the cheese has the characteristic flavour and texture of cheddar cheese.

• (5) The reference to “83 per cent” in subparagraph (3)(c)(i) shall be read as “78 per cent” if

  • (a) a statement or claim set out in column 4 of any of items 12 to 14, 16, 20, 21 and 45 of the table following section B.01.513 of the Food and Drug Regulations is shown on the label of the product as part of the common name; and

  • (b) the cheese has the characteristic flavour and texture of cheddar cheese.

Place of Grading

7 A dairy product shall be graded only if it was prepared in a registered establishment that at the time of the preparation met the requirements of sections 11 and 11.1.

8 and 9 [Repealed, SOR/98-216, s. 4]

Registration of Establishments

• 10 (1) An application for the registration of an establishment, or for the renewal or amendment of an existing registration, shall be made to the Director, in a form provided by the Agency, accompanied by the applicable fee prescribed by the Canadian Food Inspection Agency Fees Notice, and shall contain the following information:

  • (a) the name, address, including the postal code, telephone number and, if any, facsimile number of the applicant and of the establishment, where they are different from those of the applicant;

  • (b) whether it is an application for a new registration or for the renewal or amendment of an existing registration;

  • (c) the existing registration number, if any;

  • (d) whether the establishment is owned by an individual, a partnership, a cooperative or a corporation;

  • (e) the name under which the establishment operates, where the name is different from that of the applicant;

  • (f) the names and titles of all owners, partners, officers and directors of the establishment; and

  • (g) an estimate of the volume of milk that the establishment will receive or the quantity of dairy products that the establishment will produce during the 12 months following the date of application.

• (2) An application referred to in subsection (1) shall have annexed thereto

  • (a) plans and specifications for the establishment that shall include

    • (i) the dimensions and intended uses of the rooms and the positions of doors, windows, stairways and drains,

    • (ii) descriptions of the lighting, refrigeration, ventilation and plumbing systems,

    • (iii) descriptions of the types and location of equipment to be used in the establishment,

    • (iv) descriptions of the materials used in the construction of equipment, floors, walls, ceilings and openings, and

    • (v) descriptions of the location of the establishment in relation to adjacent buildings, roads, railways, waterways and public utilities; and

  • (b) a copy of an outline of a sanitation program for the establishment, indicating

    • (i) the person responsible for carrying out the program,

    • (ii) the equipment and chemical agents available for use to bring about and maintain clean and sanitary conditions, and

    • (iii) the measures proposed to be taken to ensure clean and sanitary conditions.

• (3) Where an establishment in respect of which an application referred to in subsection (1) is made meets the conditions set out in section 11, the Director shall

  • (a) register the establishment by entering its name in the register of registered establishments of the Agency and by assigning it a registration number; and

  • (b) issue a Certificate of Registration to the person operating the establishment.

• (4) The operator shall post the Certificate of Registration issued to the operator under subsection (3) in a conspicuous place in the registered establishment for the period during which the Certificate remains in force.

• (5) The operator shall not assign or transfer the Certificate of Registration issued in respect of that establishment.

• (6) Subject to sections 10.1 and 10.2, a Certificate of Registration is valid until the expiry date stated on the Certificate.

• (7) [Repealed, SOR/98-216, s. 5]

Suspension of Registration

• 10.1 (1) The Director may suspend the registration of a registered establishment

  • (a) where

    • (i) the establishment does not meet the requirements of the Act or these Regulations, or

    • (ii) the operator does not comply with the provisions of the Act or these Regulations;

  • (b) it is reasonable to believe that public health will be endangered if the establishment is allowed to continue operating; and

  • (c) the operator has failed or is unable to take immediate corrective measures to remedy any situation referred to in paragraph (a).

• (2) No registration shall be suspended under subsection (1) unless

  • (a) an inspector has, at the time of the inspection, notified the operator of the failure to comply with any provision of the Act or these Regulations;

  • (b) an inspector has provided the operator with a copy of an inspection report prepared by the inspector that sets out the grounds for suspension, the required corrective measures and the dates by which those measures must be implemented in order to avoid suspension and cancellation; and

  • (c) a notice of suspension of registration is delivered to the operator.

• (3) A suspension of a registration under subsection (1) shall remain in effect

  • (a) until the required corrective measures have been taken and have been verified by an inspector; or

  • (b) where a cancellation procedure has been commenced under section 10.2, until the resolution of the cancellation issue.

  • (c) [Repealed, SOR/2004-80, s. 9]

Cancellation of Registration

• 10.2 (1) The Director may cancel the registration of a registered establishment where

  • (a) the operator has not implemented the required corrective measures within the 30-day period following the day on which the registration was suspended or within any longer period of time allowed under subsection (2);

  • (b) the owner or operator of the establishment has changed; or

  • (c) the application for registration contains false or misleading information.

• (2) If it is not possible for the operator to implement the required corrective measures within 30 days, the Director shall, on the request of the operator, allow the operator a longer period of time that is adequate to implement those measures.

• (3) No registration shall be cancelled under subsection (1) unless

  • (a) the operator was advised of an opportunity to be heard in respect of the cancellation and was given that opportunity; and

  • (b) a notice of cancellation of registration was delivered to the operator.

Conditions Respecting Registered Establishments

• 11 (1) Every registered establishment shall be situated on land that

  • (a) is free from debris and refuse;

  • (b) provides or permits good drainage; and

  • (c) is not in proximity to any source of pollution or any place that harbours insects, birds, rodents or other vermin that are likely to contaminate dairy products in the establishment.

• (2) Every registered establishment shall

  • (a) be of sound construction and in good repair;

  • (b) be constructed of material that is durable and free from any noxious constituent;

  • (c) be separate from and have no direct access to living quarters, livestock housing and areas in which operations are incompatible with the handling of a dairy product;

  • (d) be protected against the entry of insects, birds, rodents or other vermin or any thing that is likely to contaminate dairy products;

  • (e) have, where an exposed dairy product is prepared, floors, walls and ceilings that are

    • (i) of a hard finish that is suitable for cleaning,

    • (ii) smooth,

    • (iii) impervious to moisture,

    • (iv) free from pitting, indentations, cracks, crevices and ledges, and

    • (v) in the case of floors, sloped for adequate drainage;

  • (f) have rooms and areas that have adequate lighting, ventilation and plumbing to meet the requirements of the operations carried out in those rooms and areas and that are constructed so as to facilitate the cleaning and disinfection of those rooms and areas;

  • (g) be equipped, in those areas where dairy products, ingredients, food additives or packing materials are exposed, with light bulbs and fixtures that are of a type that will not cause dairy product contamination in the event of breakage;

  • (h) have a sufficient number of rooms to accommodate the separation of incompatible operations;

  • (i) have, if dairy products are graded therein, a room for this purpose that is adequate in size to set out necessary samples;

  • (j) have dressing rooms, lunch rooms and lavatories that are

    • (i) capable of being kept in a clean and sanitary condition,

    • (ii) adequate in size and equipment for the number of people using them,

    • (iii) well lighted and ventilated, and

    • (iv) in the case of lavatories, separate from and not leading directly into any room used for handling a dairy product;

  • (k) subject to subsection (3), be supplied with potable hot and cold water that is protected against contamination and is adequate in quantity and pressure to serve the water needs of the establishment;

  • (l) have adequate means of waste removal and disposal;

  • (m) have drainage and sewage systems that are

    • (i) in accordance with the plumbing code of the province in which the establishment is located,

    • (ii) adequate to handle all wastes,

    • (iii) equipped with traps and vents,

    • (iv) designed and constructed so that there is no cross- connection between the effluent of human wastes and any other wastes in the establishment, and

    • (v) designed and constructed in a manner that prevents the contamination of a dairy product;

  • (n) have, for the preparation of a dairy product, equipment that is

    • (i) constructed of corrosion-resistant material, free of any noxious constituent and capable of being cleaned,

    • (ii) accessible for cleaning, maintenance and inspection or easily disassembled for those purposes, and

    • (iii) effective for the purpose for which it is intended;

  • (o) have food contact surfaces that are

    • (i) non-toxic,

    • (ii) smooth,

    • (iii) free from pitting, crevices and loose scale,

    • (iv) unaffected by dairy products,

    • (v) capable of withstanding repeated exposure to normal cleaning, and

    • (vi) non-absorbent;

  • (p) have adequate facilities and means for the thorough washing, cleaning and sanitizing of equipment;

  • (q) be equipped with appropriate container cleaning equipment; and

  • (r) be equipped with adequate means of establishing, maintaining and verifying the temperature and humidity of rooms in which dairy products are located.

• (3) A registered establishment may use water other than potable water referred to in paragraph (2)(k) where it is used solely for fire protection, boilers or auxiliary services and there is no connection between the system for that water and the system for potable water.

Operation and Maintenance of Registered Establishments

• 11.1 (1) Every operator shall operate and maintain the establishment in accordance with this section.

• (2) The building, equipment, utensils and all other physical facilities of a registered establishment shall be maintained in a sanitary condition.

• (3) Every registered establishment shall be operated in accordance with the outline of the sanitation program referred to in paragraph 10(2)(b).

• (4) Operations in relation to the preparation of a dairy product in a registered establishment shall be carried out under stringent sanitary control.

• (5) Notices shall be posted in prominent places in a registered establishment

  • (a) instructing employees engaged in the preparation of any dairy product to clean their hands immediately after using toilet facilities;

  • (b) indicating that smoking is prohibited; and

  • (c) prohibiting food, other than that used in the preparation of a dairy product, and drink in food preparation areas.

• (6) In a registered establishment, no material or coating shall be used to repair the floors, walls, ceilings, doors, windows and other parts of any room or area in which dairy products are prepared unless the material or coating is durable and free from any noxious constituent.

• (7) Refuse shall be removed at least once daily from within a registered establishment.

• (8) In a registered establishment, the minimum illumination at the working area, when measured at a distance of 75 cm from the floor, shall be

  • (a) in the case of processing and equipment cleaning areas, 330 1x; and

  • (b) in the case of rooms used for grading or inspection purposes, 550 1x.

• (9) All lavatories, sinks and drains in a registered establishment shall be maintained in a manner that prevents any odours or fumes therefrom from pervading any room in which dairy products are prepared.

• (10) The operator shall maintain an effective and safe rodent and insect control program and shall exclude any animal from the establishment.

• (11) Any detergent, sanitizer or other chemical agent in a registered establishment shall be properly labelled and shall be stored and used in a manner that prevents the contamination of dairy products or a dairy product contact surface.

• (12) Container cleaning equipment in a registered establishment shall be operated in a manner that ensures that containers used for dairy products, when cleaned, are free from foreign material.

• (13) A room used for grading a dairy product shall be kept clean and tidy and shall be free from noise and odours that might interfere with the accurate assessment of quality.

• (14) Where steam is used in the preparation of dairy products in a registered establishment, the steam shall be generated from potable water and contain no harmful substances, and the supply of steam shall be adequate in quantity and pressure to serve the total needs of the establishment.

• (15) No dairy product or food intended for use as an ingredient in a dairy product in a registered establishment shall be maintained at a temperature and humidity that may cause that dairy product or food to deteriorate or become inedible.

• (16) No dairy product or other substance used in the preparation of a dairy product in a registered establishment shall be exposed to a source of contamination.

• (17) No dairy product shall come into contact with anything in a registered establishment that might adversely affect the quality, colour or appearance of the dairy product.

• (18) No person in a registered establishment shall use, in the preparation of a dairy product for which grades or standards are established by these Regulations,

  • (a) any domestic dairy product, other than milk or cream, from any establishment that is not a registered establishment; or

  • (b) any milk or cream that does not meet the quality standards established for milk and cream by the appropriate provincial or federal authority.

• (19) No person in a registered establishment shall pack a dairy product that is not intended for human consumption or is inedible unless the container is prominently marked with a statement to that effect.

• (20) No operator of a registered establishment, unless authorized by the Director, shall permit any person who will be engaged in the preparation of an exposed dairy product

  • (a) to begin employment in the establishment until that person produces a physician’s certificate stating that there is no medical impediment to that person’s employment in the establishment; and

  • (b) to continue employment in the establishment unless the person produces any other medical certificate required by the Director.

• (21) No person who suffers from or is a known carrier of a communicable disease or who has an infected lesion that is open or exposed shall work in any area of a registered establishment where there is a danger of contaminating a dairy product, an ingredient or a food contact surface with pathogenic micro-organisms.

• (22) Every person engaged in the preparation of a dairy product in a registered establishment shall clean their hands thoroughly immediately after using toilet facilities and as frequently as is necessary to prevent the contamination of a dairy product.

• (23) Every person engaged in directly handling a dairy product in a registered establishment shall clean their hands thoroughly in a sanitizing solution each time they enter the processing room.

• (24) Every person engaged in the preparation of a dairy product in a registered establishment shall wear

  • (a) sanitary clothing and a complete hair covering;

  • (b) where gloves are used in the handling of a dairy product, only gloves that are made of an impermeable material and are maintained in a sound, clean and sanitary condition; and

  • (c) outer clothing that is free from pockets and buttons above the waist, and footwear, neither of which is worn outside the establishment.

• (25) No person shall use tobacco in any form, chew gum or consume food of any kind, except water dispensed from a drinking fountain, in any part of a registered establishment where dairy products are prepared.

• (26) No person engaged in the preparation of a dairy product in a registered establishment shall wear an object or use a substance that may fall into or otherwise contaminate the dairy product.

• (27) Where a laboratory forms part of a registered establishment, the laboratory shall be operated so that it does not lead to the contamination of a dairy product.

• (28) [Repealed, SOR/95-548, s. 2]

• (29) The operator shall notify the Director of any proposed major modification to a registered establishment and, where requested by the Director, submit detailed plans and specifications of the modification.

Grade Requirements for Butter and Butter Products

• 12  Butter and butter products may be graded Canada 1 if the butter or butter product meets the requirements of section 4 and subsections 6(1), (2) and (2.1), and

  • (a) [Repealed, SOR/90-472, s. 6]

  • (b) its flavour is typical and desirable, and in the case of cultured butter, slightly acidulous;

  • (c) its texture is smooth;

  • (d) [Repealed, SOR/90-472, s. 6]

  • (e) its body is firm;

  • (f) moisture in the product is reasonably well incorporated;

  • (g) its colour is uniform and characteristic of the product; and

  • (h) any salt in the product is dissolved.

• (2) and (3) [Repealed, SOR/98-216, s. 6]

Grade Requirements for Cheddar Cheese

• 13 (1) Cheddar cheese may be graded Canada 1 if the cheese meets the requirements of section 4 and subsection 6(3), and

  • (a) its flavour and aroma are typical and desirable;

  • (b) its body is reasonably compact and firm;

  • (c) its texture is smooth;

  • (d) its surface is clean, smooth and unbroken;

  • (e) except in the case of marbled cheddar cheese, its colour is uniform and characteristic of cheddar cheese; and

  • (f) the cheese is uniform in size and regular in shape.

• (2) and (3) [Repealed, SOR/98-216, s. 7]

Grade Requirements for Dry Milk Products

• 14 (1) A dry milk product named in the heading of a table to this section may be graded Canada 1 if it meets the requirements of section 4, and

  • (a) it meets the requirements of the grade Canada 1 as set out in that table;

  • (b) it is uniform in composition and colour;

  • (c) it is free from hard lumps;

  • (d) it is white or cream in colour or, in the case of whey powder, acid-type whey powder, blended skim milk and whey powder and blended whey and skim milk powder, it is light in colour;

  • (e) it is wholly free from black or brown particles visible to the naked eye except in the case of whey powder, acid-type whey powder, blended skim milk and whey powder, and blended whey and skim milk powder, which shall be substantially free from brown or black particles visible to the naked eye;

  • (f) when reconstituted, its flavour and odour are unobjectionable except in the case of whey powder, acid-type whey powder, blended skim milk and whey powder and blended whey and skim milk powder, which may have a slightly cooked or slightly scorched flavour and odour; and

  • (g) except in the case of acid-type whey powder, it does not contain a pH adjusting agent.

• (2) A dry milk product named in the heading of a table to this section may be graded Canada 2 if it meets the requirements of section 4, and

  • (a) it meets the requirements of the grade Canada 2 as set out in that table; and

  • (b) it meets the requirements set out in subsection (1), except that its flavour and odour when reconstituted may lack freshness.

• (3) In the tables to this section,

  • (a) > means greater than; and

  • (b) < means less than.

  Column I		Column II		Column III	Column IV
  Grade Requirements		Spray-Dried		[Repealed, SOR/92-248, s. 4]	Instant Process
  		Canada 1	Canada 2		Canada 1	Canada 2
  Milk fat	(max)	1.2%	1.29%		1.2%	1.29%
  Moisture	(max)	4.0%	5.0%		5.0%	5.0%
  Titratable Acidity	(min)	0.11%	0.11%		0.11%	0.11%
  	(max)	0.15%	>0.15%		0.15%	>0.15%
  Solubility Index	(max)	1.0 mlFootnote for TABLE 1 Skim Milk Powder*	2.0 mlFootnote for TABLE 1 Skim Milk Powder**		1.0 ml	2.0 ml
  Standard Plate	(max)
  Count		50,000/g	100,000/g		50,000/g	100,000/g
  Coliforms	(max)	10/g	10/g		10/g	10/g
  Sediment Disc	(max)	2 (15.0 mg)	3 (22.5 mg)		2Footnote for TABLE 1 Skim Milk Powder* (15.0 mg)	3 (22.5 mg)
  Direct Microscopic Clump Count	(max)	100M	200M		75M	100M

  • Return to footnote ^*Except skim milk powder designated as “High Heat” (High Temp.), which shall not be greater than 2.0 ml.

  • Return to footnote ^**Except skim milk powder designated as “High Heat” (High Temp.), which shall not be greater than 2.5 ml.

  Column I		Column II		Column III
  Grade Requirements		Spray-Dried		[Repealed, SOR/92-248, s. 4]
  		Canada 1	Canada 2
  Milk fat	(min)	1.3%	1.3%
  	(max)	25.9%	25.9%
  Moisture	(max)	4.0%	5.0%
  Titratable Acidity	(min)	0.11%	0.11%
  	(max)	0.15%	>0.15%
  Solubility Index	(max)	1.0 mlFootnote for TABLE 2 Partly-skimmed Milk Powder*	>1.0 ml
  Standard Plate Count	(max)	50,000/g	100,000/g
  Coliforms	(max)	10/g	10/g
  Sediment Disc	(max)	2	3
  		(15.0 mg)	(22.5 mg)
  Direct Microscopic Clump Count	(max)	100M	200M

  • Return to footnote ^*Except partly-skimmed milk powder designated as “High Heat” (High Temp.), which shall not be greater than 2.0 ml.

  Column I		Column II		Column III	Column IV
  Grade Requirements		Spray-Dried		[Repealed, SOR/92-248, s. 4]	Gas Packed
  		Canada 1	Canada 2		Canada 1	Canada 2
  Milk fat	(min.)	26.0%	26.0%		26.0%	26.0%
  Moisture	(max.)	2.5%Footnote for TABLE 3 Whole Milk Powder**	5.0%		2.50%Footnote for TABLE 3 Whole Milk Powder**	5.0%
  Titratable Acidity	(min.)	0.11%	0.11%		0.11%	0.11%
  	(max.)	0.15%	>0.15%		0.15%	>0.15%
  Solubility Index	(max.)	1.0 ml	>1.0 ml		1.0 ml	>1.0 ml
  Standard Plate Count	(max.)	50,000/g	100,000/g		30,000/g	50,000/g
  Coliform	(max.)	10/g	10/g		10/g	10/g
  Sediment Disc	(max.)	2 (15.0 mg)	3 (22.5 mg)		2 (15.0 mg)	3 (22.5 mg)
  Direct Microscopic Clump Count	(max.)	100 M	200 M		75 M	100 M
  Oxygen	(max.)	—	—		3.0%Footnote for TABLE 3 Whole Milk Powder*	3.0%Footnote for TABLE 3 Whole Milk Powder*

  • Return to footnote ^*Calculated to atmospheric pressure. This determination to be made 7-10 days after final gas packaging.

  • Return to footnote ^**3.5% in the case of whole milk powder that has been made more soluble by an instantizing process.

  Column I		Column II		Column III
  Grade Requirements		Spray-Dried		[Repealed, SOR/92-248, s. 4]
  		Canada 1	Canada 2
  Milk fat	(min)	2.0%	<2.0%
  	(max)	12.0%	12.0%
  Moisture	(max)	4.0%	5.0%
  Titratable Acidity	(min)	0.08%	0.08%
  	(max)	0.18%	>0.18%
  Solubility Index	(max)	1.25 ml	>1.25 ml
  Bacteria	(max)	50,000/g	200,000/g
  Coliforms	(max)	10/g	10/g
  Sediment Disc	(max)	3 (22.5 mg)	4 (32.5 mg)
  Alkalinity of Ash	[Repealed, SOR/95-548, s. 2]

  Column I		Column II		Column III
  Grade Requirements		Spray-Dried		[Repealed, SOR/92-248, s. 4]
  		Canada 1	Canada 2
  Milk fat	(max)	1.2%	>1.2%
  Moisture	(max)	4.5%Footnote for TABLE 5 Whey Powder*	5.0%
  Titratable Acidity	(min)	0.11%Footnote for TABLE 5 Whey Powder**	0.11%Footnote for TABLE 5 Whey Powder**
  	(max)	0.16%	>0.16%
  Solubility Index	[Repealed, SOR/88-195, s. 2]
  Bacteria	(max)	50,000/g	200,000/g
  Coliforms	(max)	10/g	10/g
  Sediment Disc	(max)	2 (15.0 mg)	3 (22.5 mg)
  Alkalinity of Ash	[Repealed, SOR/95-548, s. 2]

  • Return to footnote ^*5.0% in the case of Non-Hygroscopic Whey Powder.

  • Return to footnote ^**0.08% in the case of whey powder made from swiss cheese whey, and identified as such.

  Column I		Column II		Column III
  Grade Requirements		Spray-Dried		[Repealed, SOR/92-248, s. 4]
  		Canada 1	Canada 2
  Milk fat	(max)	1.2%	>1.2%
  Moisture	(max)	4.5%Footnote for TABLE 6 Acid-type Whey Powder*	5.0%
  Titratable Acidity	(min)	0.30%	0.30%
  Solubility Index	[Repealed, SOR/88-195, s. 2]
  Bacteria	(max)	50,000/g	200,000/g
  Coliforms	(max)	10/g	10/g
  Sediment Disc	(max)	2 (15.0 mg)	3 (22.5 mg)

  • Return to footnote ^*5.0% in the case of Non-Hygroscopic Whey Powder.

  Column I		Column II		Column III
  Grade Requirements		Spray-Dried		[Repealed, SOR/92-248, s. 4]
  		Canada 1	Canada 2
  Milk fat	(max)	1.2%	>1.2%
  Moisture	(max)	4.2%	5.0%
  Titratable	(min)	0.11%Footnote for TABLE 7 Blended Skim Milk and Whey Powder Blended Whey and Skim Milk Powder*	0.11%Footnote for TABLE 7 Blended Skim Milk and Whey Powder Blended Whey and Skim Milk Powder*
  Acidity	(max)	0.16%	>0.16%
  Bacteria	(max)	50,000/g	200,000/g
  Coliforms	(max)	10/g	10/g
  Sediment Disc	(max)	2 (15.0 mg)	3 (22.5 mg)

  • Return to footnote ^*0.09% where the whey used comes from the manufacture of swiss cheese, and is identified as such.

  Column I		Column II		Column III
  Grade Requirements		Edible Casein		Spray Edible Caseinates
  		Canada 1	Canada 2	Canada 1	Canada 2
  Milk fat	(max)	1.5%	>1.5%	2.0% dry basis	>2.0% dry basis
  Moisture	(max)	10.0%	>10.0%	5.0%	>5.0%
  Titratable Acidity	(min)	0.20%	>0.20%	0.20%	>0.20%
  Bacteria	(max)	50,000/g	100,000/g	50,000/g	100,000/g
  Coliforms	(max)	10/g	10/g	10/g	10/g
  Sediment Disc	(max)	2 (15.0 mg)	>2 (>15.0 mg)	3 (22.5 mg)	>3 (>22.5 mg)
  Protein	(min)	95% dry basis	90% dry basis	88% dry basis	<88% dry basis
  pH	(max)	—	—	7.5Footnote for TABLE 8 Edible Casein Edible Caseinates* 7.0Footnote for TABLE 8 Edible Casein Edible Caseinates**	>7.5Footnote for TABLE 8 Edible Casein Edible Caseinates* >7.0Footnote for TABLE 8 Edible Casein Edible Caseinates**

  • Return to footnote ^*in the case of Ca. and Mg. edible caseinates.

  • Return to footnote ^**in the case of other edible caseinates.

Packing

15 [Repealed, SOR/90-472, s. 8]

• 16 (1) [Repealed, SOR/2000-35, s. 1]

• (1.1) [Repealed, SOR/98-216, s. 9]

• (2) Every container shall be free from objectionable odours, adequate to protect the dairy product against moisture, loss, damage, contamination or deterioration during normal handling and storage and shall be securely closed.

• (3) Any liner used in a container shall be new and, in the case of butter and butter products packed in bulk, shall consist of two layers of good quality parchment paper or a plastic film treated to prevent mould growth.

• (4) Butter and butter products shall be packaged in containers through which the direct and diffused transmission of light does not exceed two per cent in the wave-length range 300 to 400 nanometres or five per cent in the wave-length range 401 to 500 nanometres.

• (5) Every prepackaged dairy product shall be packed in accordance with good manufacturing practices in new containers that are clean and sound.

• (6) A dairy product that is packed in bulk

  • (a) shall be packed in accordance with good manufacturing practices;

  • (b) may be packed in reusable containers if they are clean and sound; and

  • (c) may be packed in any size container if its capacity is a whole number multiple of 1 kg or 1 L.

• (7) and (8) [Repealed, SOR/98-216, s. 9]

Labelling

17 Every dairy product shall be labelled in accordance with sections 18 to 23.

• 18 (1) Subject to subsection (2), any information that is required by this Part to be shown on the label of a dairy product shall be shown in a manner that is permanent and easily legible to the consumer under normal or customary conditions of sale or use, and, in the case of information referred to in Schedule III, in the letter heights set out in that Schedule.

• (2) Any information that is required by this Part to be shown on the label of a dairy product packed in bulk shall be either stamped or printed by mechanical process on the appropriate label.

• (3) Where no letter height is set out in Schedule III for information required by this Part to be marked on a prepackaged dairy product, the information shall be shown in letters not less than 1.6 millimetres (one-sixteenth of an inch) in height, except that where the principal display surface of a container is 10 square centimetres (1.55 square inches) or less, the information shall be shown in letters of not less than 0.8 millimetres (one thirty-second of an inch) in height.

• (4) Where no letter height is set out in Schedule III for information required by this Part to be marked on a dairy product packed in bulk, the information shall be shown in bold face letters that are at least 16 millimetres (five-eighths of an inch) in height, except that the information required by paragraph 19(2)(a) need only be shown in letters of a height that is sufficient so as to be legible.

• 19 (1) Subject to subsection (4), every prepackaged dairy product shall be labelled on the principal display panel of the container with

  • (a) the common name of the dairy product;

  • (a.1) [Repealed, SOR/98-216, s. 11]

  • (b) a declaration of the process of manufacture shown in close proximity to the common name, in the case of any dry milk product other than edible casein;

  • (c) a declaration of net contents, as required by the Consumer Packaging and Labelling Regulations;

  • (d) a percentage declaration of moisture and milk fat in cheddar cheese;

  • (e) a percentage declaration of milk fat in the case of partly-skimmed milk powder, dairy spread and calorie-reduced butter;

  • (f) a percentage declaration of skim milk powder and whey powder in the case of blended skim milk and whey powder and blended whey and skim milk powder;

  • (g) a statement as to the source of the milk, where the dairy product consists of or was manufactured wholly or partly from milk that is the normal secretion of the mammary gland of animals other than the cow and the source is not indicated in the common name;

  • (h) in the case of butter patties, butter reddies and related products having a mass net exceeding 20 grams, a declaration of the number of units or portions and the mass of each unit or portion;

  • (i) the word “unsalted” in the case of unsalted butter and butter products other than cultured butter and butter products, and the word “salted” in the case of salted cultured butter and butter products, shown in close proximity to the common name;

  • (j) the word “cultured” in the case of cultured butter and butter products, shown preceding the common name;

  • (j.1) the word “whipped” in the case of whipped butter and butter products, shown preceding the common name; and

  • (k) the words “Product of” followed by the name of the country of origin, in the case of cheddar cheese prepackaged in Canada from imported bulk.

• (2) Subject to subsection (4), every prepackaged dairy product shall be labelled on any surface, other than the bottom of the container, with

  • (a) the list of ingredients and components thereof, as required by paragraph B.01.008(1)(b) of the Food and Drug Regulations;

  • (b) the durable life date and instructions for proper storage of the dairy product, in those cases where the durable life is 90 days or less, as required by paragraph B.01.007(1.1)(b) of the Food and Drug Regulations;

  • (c) the words “Product of” followed by the name of the country of origin in the case of an imported dairy product; and

  • (d) the words “Product of Canada” when packed for export from Canada.

• (3) Subject to subsection (4), every prepackaged dairy product shall be labelled on any surface of the container with

  • (a) in the case of a domestic dairy product, where the name and address shown on the label are not that of the actual establishment where the prepackaged dairy product was prepared,

    • (i) the registration number of the establishment in which the dairy product was prepared, shown within an eight-sided frame in the same proportions as illustrated in Schedule V, or

    • (ii) the registration number of the establishment in which the dairy product was prepared, preceded by the words “Registration Number” or the abbreviation “Reg. No.” or “Reg.”; and

  • (b) a batch number, code number or lot number identifying an appropriate, meaningful sized unit of production.

• (4) The labelling requirements of this section do not apply in respect of prepackaged individual portions of dairy products that are for sale from automatic vending machines or mobile canteens, or that are served by a restaurant or other commercial enterprise with meals or as snacks.

• 20 (1) Subject to section 21, every dairy product packed in bulk shall be labelled on the principal display surface of the container with

  • (a) the common name of the product;

  • (b) [Repealed, SOR/93-328, s. 2]

  • (c) a declaration of the process of manufacture shown in close proximity to the common name, in the case of any dry milk product other than edible casein;

  • (d) the registration number within an eight-sided frame in the same proportion as illustrated in Schedule V, in the case of a domestic dairy product;

  • (e) the words “churn number” or the abbreviation “ch. no.” for butter and butter products, followed by the churn number, which shall begin with the number 1 on January 1 of each calendar year and run consecutively throughout the calendar year;

  • (f) in the case of cheese, the vat number to begin with the number 1 on January 1st of each calendar year and to run consecutively throughout the calendar year;

  • (g) a declaration of net contents in metric units;

  • (h) a series of numbers indicating the day, month and year in which the dairy product was prepared and in the case of a dry milk product for which daily production is divided into two or three lots, the letter A, B or C to indicate the lot in which the product was prepared, shown vertically along the side of the main panel;

  • (i) the word “Pasteurized” in the case of cheddar cheese still in its original shape, made from pasteurized milk, unless the fact that the cheese is made from pasteurized milk is indicated in the list of ingredients;

  • (j) [Repealed, SOR/2002-438, s. 3]

  • (k) a percentage declaration of milk fat in the case of partly-skimmed milk powder, buttermilk powder, dairy spread and calorie-reduced butter;

  • (l) a percentage declaration of skim milk powder and whey powder in the case of blended skim milk and whey powder and blended whey and skim milk powder;

  • (m) the words “Low Heat” or the abbreviation “Low Temp.” in the case of skim milk powder having a whey protein nitrogen content of not less than 6.0 mg/g, and the words “High Heat” or the abbreviation “High Temp.” in the case of skim milk powder having a whey protein nitrogen content of not more than 1.5 mg/g;

  • (n) the word “unsalted” in the case of unsalted butter and butter products other than cultured butter and butter products, and the word “salted” in the case of salted cultured butter and butter products, shown in close proximity to the common name;

  • (o) the word “cultured” in the case of cultured butter and butter products, shown preceding the common name; and

  • (p) the word “whipped” in the case of whipped butter and butter products, shown preceding the common name.

• (2) Every dairy product packed in bulk shall be labelled on any surface of the container, other than the bottom of the container, with

  • (a) the list of ingredients and components thereof, as required by paragraph B.01.008(1)(b) of the Food and Drug Regulations;

  • (b) the durable life date and instructions for proper storage of the dairy product, in those cases where the durable life is 90 days or less, as required by paragraph B.01.007(1.1)(b) of the Food and Drug Regulations;

  • (c) the words “Product of” followed by the name of the country of origin in the case of imported dairy products;

  • (d) the words “Product of Canada” in the case of dairy products packed for export; and

  • (e) in the case of dry milk solids, the name and address of the person responsible for packing the product.

• 21 (1) Where a dry milk product, butter, butter products or cheddar cheese is graded and labelled in accordance with these Regulations, the grade name shall be shown within the outline of a maple leaf in the same proportion as illustrated in Schedule IV.

• (2) Despite subsection (1), the stem of the maple leaf illustrated in Schedule IV may be reduced in proportion to half the illustrated length on a label.

22 A dairy product shall not be marked with any words or symbols descriptive of the quality of the product other than the grade name, unless the President of the Agency has determined that the connotation of quality conveyed by the words or symbols is valid.

23 Any information required by these Regulations to be shown on

• (a) a prepackaged dairy product shall meet the requirements regarding the use of the official languages and the requirements regarding form and manner set out in the Consumer Packaging and Labelling Regulations; and

• (b) a product packed in bulk, shall be shown in at least one official language.

PART IIInternational and Interprovincial Trade

Advertising

23.1 No person shall market any dairy product for which standards are prescribed by these Regulations in import, export or interprovincial trade unless any advertising of the product meets the applicable requirements of this Part.

Exports

• 24 (1) Subject to subsections (2) to (4), no person shall export a dairy product unless the dairy product

  • (a) was prepared in a registered establishment in accordance with these Regulations; and

  • (b) meets the requirements of the standards established by these Regulations for the product.

• (2) Subsection (1) does not apply in respect of a shipment of dairy products that

  • (a) weighs 20 kg or less;

  • (b) is part of an emigrant’s effects; or

  • (c) is carried on any vessel, train, motor vehicle, aircraft or other means of transportation for use as food for the crew or passengers thereof.

• (3) A dairy product that does not meet the requirements of these Regulations may be exported where

  • (a) an inspector is provided with a signed statement from the shipper that the dairy product meets the requirements of the importing country; and

  • (b) the statement referred to in paragraph (a) is included in the export documentation.

• (4) Despite paragraphs 23(a) and 73(a), a prepackaged dairy product may be exported if the labelling required by these Regulations is shown in at least one official language.

• (5) A dairy product that is not intended for human consumption may be exported without having been prepared in accordance with these Regulations if it is prominently labelled on the principal display panel with the words “Not for human consumption” and “Non destiné à la consommation humaine”.

• (6) [Repealed, SOR/96-362, s. 2]

Interprovincial Trade

• 25 (1) Subject to subsection (2), no person shall convey from one province to another province a dairy product unless the dairy product

  • (a) was prepared in a registered establishment in accordance with these Regulations; and

  • (b) meets the requirements of the standards established by these Regulations for the product.

• (2) Dairy products may be conveyed from one province to another province without having been prepared in accordance with these Regulations, where the shipment of the dairy products

  • (a) weighs 20 kg or less;

  • (b) is not intended for sale in Canada;

  • (c) has been permitted in writing by an inspector to be shipped;

  • (d) is not intended for human consumption and is prominently labelled on the principal display panel with the words “Not for human consumption” and “Non destiné à la consommation humaine”;

  • (e) is transported from one registered establishment to another registered establishment and is identified as being for further processing; or

  • (f) is conveyed from one federal institution to another.

Imports

• 26 (1) Subject to subsection (2), no person shall import any dairy product unless the dairy product

  • (a) originated in a country that has

    • (i) standards for dairy products that are at least equivalent to those set out in these Regulations, and

    • (ii) a system of inspection for dairy products and for establishments that prepare dairy products that is at least equivalent to that in Canada;

  • (b) meets the standards for a similar dairy product that is produced in Canada;

  • (c) has been prepared under conditions at least equivalent to those required by these Regulations;

  • (d) is labelled to show the words “Product of” and “Produit de” followed by the name of the country of origin;

  • (e) bears a label with the information required to be shown under the Consumer Packaging and Labelling Regulations; and

  • (f) is accompanied by an import declaration, in a form provided by the Agency, duly completed in duplicate, dated and signed by the importer and containing the following information:

    • (i) the name and address of the manufacturer,

    • (ii) the name and address of the exporter,

    • (iii) the name and address of the importer,

    • (iii.1) if the dairy product is cheese, the importer’s cheese import licence number,

    • (iv) the name and address of each consignee,

    • (v) a description of the dairy product and any identification marks, including the product’s common name, grade and brand name,

    • (vi) for each consignee, the number of shipping containers and the number, size, net weight and kind of containers per shipping container, and

    • (vii) a statement that the dairy product

      • (A) was obtained from sound raw materials in accordance with good manufacturing practices,

      • (B) was prepared in a sanitary manner,

      • (C) in the case of a low-acid dairy product, was subjected to a thermal process that assures commercial sterility,

      • (D) originated in a country that has

        • (I) standards for dairy products that are at least equivalent to those set out in these Regulations, and

        • (II) a system for the inspection of dairy products and of establishments that prepare dairy products that is at least equivalent to that in Canada,

      • (D.1) in the case of cheese, meets the standards set out in these Regulations,

      • (E) was, at the time of shipment, sound and edible,

      • (F) is accurately identified as to the name and address of the manufacturer or the manufacturer’s authorized agent,

      • (G) is accurately described in the import declaration and does not contain any ingredients other than those permitted by these Regulations, and

      • (H) meets the grade, container and labelling requirements of these Regulations.

• (2) A dairy product that does not meet the requirements of paragraphs (1)(a) and (c) may be imported if it meets the requirements of section 2.2 or 2.3 and the importer provides the Director with evidence to that effect. In such a case, that part of the statement required in the import declaration under clause (1)(f)(vii)(D) shall be omitted.

• (3) Paragraphs (1)(b) and (d) to (f) do not apply in respect of a shipment of dairy products that is not intended for sale in Canada and

  • (a) weighs 20 kg or less;

  • (b) is carried on any vessel, train, motor vehicle, aircraft or other means of transportation for use as food for the crew or passengers thereof;

  • (c) is part of an immigrant’s personal effects;

  • (d) is consigned to a national or international exhibition and weighs 100 kg or less; or

  • (e) is imported from the United States into the Akwesasne Reserve for use by an Akwesasne resident.

• (4) Paragraph (3)(e) does not apply in respect of dairy products that are shipped to Canada from another country through the United States if the shipment is bonded.

• (5) For the purpose of paragraph (3)(e), Akwesasne resident means an individual who has established permanent residence on the Akwesasne Reserve.

• 26.01 (1) No person shall import into Canada any cheese unless the person holds a cheese import licence issued under section 26.2.

• (2) Subsection (1) does not apply in respect of a shipment of cheese to which subsection 26(3) applies.

• 26.1 (1) The importer of a dairy product shall,

  • (a) at the time of import, submit the import declaration to an inspector for verification; and

  • (b) pay the applicable fee prescribed by the Canadian Food Inspection Agency Fees Notice, in accordance with the conditions of payment set out in that Notice.

• (2) Subsection (1) does not apply in respect of a shipment of dairy products to which subsection 26(3) applies.

• (3) [Repealed, SOR/2006-221, s. 9]

Cheese Import Licence

Application for Licence

• 26.2 (1) An application for the issuance, renewal or amendment of a cheese import licence shall be made to the Director, in a form provided by the Agency, and shall contain the following information:

  • (a) the name, the address, including the postal code, the telephone number and, if any, the e-mail address and the facsimile number of the importer;

  • (b) whether it is an application for a new cheese import licence or for the renewal or amendment of a cheese import licence; and

  • (c) the number of the importer’s existing cheese import licence, if any.

• (2) The application shall have annexed to it

  • (a) a copy of the importer’s program for the recall of cheeses that do not meet the requirements set out in these Regulations, indicating

    • (i) the person responsible for carrying out the program,

    • (ii) descriptions of the coding system for the cheeses, and

    • (iii) notification and other procedures to effect the recall;

  • (b) a list of cheeses expected to be imported during the period of the cheese import licence, and the country in which they originate; and

  • (c) if the importer has an establishment in Canada for the purpose of the preparation of imported cheese, other than a registered establishment,

    • (i) plans and specifications for the establishment including descriptions of the location of the establishment in relation to adjacent facilities, intended uses of rooms, and types and locations of equipment to be used,

    • (ii) a copy of an outline of a sanitation program for the establishment, indicating

      • (A) the person responsible for carrying out the program,

      • (B) the equipment and chemical agents available for use to bring about and maintain clean and sanitary conditions, and

      • (C) the measures proposed to be taken to ensure clean and sanitary conditions,

    • (iii) a copy of the pest control program for the establishment, indicating

      • (A) the person responsible for carrying out the program, and

      • (B) the measures proposed to be taken to safely and effectively control insects, birds, rodents and other vermin, and

    • (iv) a document indicating the source of water to be used at the establishment for drinking or for cheese preparation and a copy of a certificate of microbiological analysis of the water.

• (3) In the case of an application for the renewal or amendment of a cheese import licence, the applicant is not required to provide the information referred to in subsection (2), other than the information referred to subparagraph (2)(c)(iv), unless there has been a change in the information.

• (4) If the application meets the requirements of subsections (1) and (2), the Director shall issue a cheese import licence and assign a number to it or shall amend or renew a cheese import licence, as the case may be.

• (5) The cheese import licence is not assignable and expires two years after the date of issue indicated on it.

26.3 Every importer who holds a cheese import licence shall

• (a) maintain the recall program referred to in paragraph 26.2(2)(a);

• (b) maintain and carry out the programs referred to in subparagraphs26.2(2)(c)(ii) and (iii), if the importer has an establishment in Canada for the purpose of the preparation of imported cheese, other than a registered establishment;

• (c) provide to an inspector the certificate of microbiological analysis referred to in subparagraph 26.2(2)(c)(iv) once a year, if the importer has an establishment in Canada for the purpose of the preparation of imported cheese, other than a registered establishment; and

• (d) make available to an inspector evidence that substantiates that each imported cheese meets the requirements set out in these Regulations.

26.4 An importer who holds a cheese import licence shall keep for two years at an address in Canada, in respect of each imported cheese,

• (a) a copy of the import declaration referred to in paragraph 26(1)(f);

• (b) a copy of any evidence in the possession of the importer that substantiates that the cheese meets the requirements set out in these Regulations; and

• (c) a record of

  • (i) the product code for the cheese,

  • (ii) the names, addresses and telephone numbers of the persons to whom the cheese was distributed,

  • (iii) any complaints received about the cheese and how the complaints were handled, and

  • (iv) any recall carried out with respect to the cheese.

Suspension of Licence

• 26.5 (1) The Director may suspend a cheese import licence if

  • (a) the importer has

    • (i) provided false or misleading information to the Director for the purpose of obtaining the cheese import licence,

    • (ii) failed to submit an import declaration as required by paragraph 26.1(1)(a),

    • (iii) provided false information to an inspector in an import declaration required to be submitted by paragraph 26.1(1)(a),

    • (iv) failed to make evidence available as required by paragraph 26.3(d),

    • (v) failed to keep a record in accordance with paragraph 26.4(c), or

    • (vi) otherwise failed to meet the requirements of the Act or these Regulations; or

  • (b) it is reasonable to believe that public health will be endangered if the importer is allowed to continue importing.

• (2) A cheese import licence shall not be suspended under paragraph (1)(a) unless an inspector notifies the importer in writing of the reasons for the suspension and of the date by which the importer must meet the requirements of the Act and these Regulations in order to avoid the suspension or to avoid the cancellation of the licence under section 26.6.

• (3) A suspension of a cheese import licence shall remain in effect

  • (a) until an inspector verifies that the importer meets the requirements of the Act and these Regulations; or

  • (b) if a cancellation procedure has been commenced under section 26.6, until the resolution of the cancellation issue.

Cancellation of Licence

• 26.6 (1) The Director may cancel a cheese import licence if the importer continues to fail to meet the requirements of the Act and these Regulations after

  • (a) the 30-day period following the day on which the cheese import licence was suspended; or

  • (b) any longer period allowed under subsection (2).

• (2) If it is not possible for the importer to meet the requirements of the Act and these Regulations within that 30 day period, the Director may, on the request of the importer, allow a longer period to do so.

• (3) A cheese import licence shall not be cancelled unless an inspector notifies the importer in writing of the reasons for the cancellation and the importer is provided an opportunity to be heard in respect of the cancellation.

Standardized Products

27 A dairy product for which a standard is established under these Regulations shall be free from salmonella and other pathogenic organisms of human health significance, as determined by acceptable methods.

27.1 [Repealed, SOR/95-548, s. 2]

• 28 (1) (Naming the variety) Cheese, other than cheddar cheese, cream cheese, whey cheese, cream cheese with (named added ingredients), cream cheese spread, cream cheese spread with (named added ingredients), processed (named variety) cheese, processed (named variety) cheese with (named added ingredients), processed cheese food, processed cheese food with (named added ingredients), processed cheese spread, processed cheese spread with (named added ingredients), cold-pack (named variety) cheese, cold-pack (named variety) cheese with (named added ingredients), cold-pack cheese food, cold-pack cheese food with (named added ingredients), cottage cheese and creamed cottage cheese,

  • (a) shall

    • (i) be the product made by coagulating milk, milk products or a combination thereof with the aid of bacteria to form a curd and forming the curd into a homogeneous mass after draining the whey,

    • (i.1) except for feta cheese, have a casein content that is derived from milk or from ultrafiltered milk, partly skimmed milk, ultrafiltered partly skimmed milk, skim milk, ultrafiltered skim milk or cream, rather than from other milk products, that is at least the following percentage of the total protein content of the cheese, namely,

      • (A) 63 per cent, in the case of Pizza Mozzarella cheese and Part Skim Pizza Mozzarella cheese,

      • (B) 83 per cent, in the case of Brick cheese, Canadian Style Brick cheese, Canadian Style Munster cheese, Colby cheese, Farmer’s cheese, Jack cheese, Monterey (Monterey Jack) cheese, Mozzarella (Scamorza) cheese, Part Skim Mozzarella (Part Skim Scamorza) cheese, Part Skim Pizza cheese, Pizza cheese, Skim Milk cheese and any other variety of cheese not referred to in clause (A) or (C), and

      • (C) 95 per cent, in the case of any other variety of cheese named in the table to this section,

    • (i.2) have a whey protein to casein ratio that does not exceed the whey protein to casein ratio of milk,

    • (ii) possess the physical, chemical and organoleptic properties typical for the variety,

    • (iii) where it is a cheese of a variety named in the table to this section, contain no more than the maximum percentage of moisture shown in Column II thereof for that variety,

    • (iv) where it is a cheese of a variety named in Part I of the table to this section, contain no less than the minimum percentage of milk fat shown in Column III for that variety, and

    • (v) where it is a cheese of a variety named in Part II of the table to this section, contain no more than the maximum percentage of milk fat shown in Column III for that variety; and

  • (b) may contain

    • (i) salt, seasonings, condiments and spices,

    • (ii) permitted flavouring preparations,

    • (iii) micro-organisms to aid further ripening, and

    • (iv) permitted food additives.

• (2) [Repealed, SOR/2007-302, s. 11]

• (3) Notwithstanding subparagraphs (1)(a)(iii) and (iv), a cheese of a variety set out in column I of an item of Part I of the table to this section may contain more than the maximum percentage of moisture set out in column II of that item and less than the minimum percentage of milk fat set out in column III of that item, where

  • (a) a statement or claim set out in column 4 of any of items 12 to 14, 16, 20, 21 and 45 of the table following section B.01.513 of the Food and Drug Regulations is shown on the label of the product as part of the common name; and

  • (b) the cheese has the characteristic flavour and texture of the named variety of cheese.

  • (c) [Repealed, SOR/97-369, s. 2]

• (4) The reference to “83 per cent” in clause (1)(a)(i.1)(B) shall be read as “78 per cent”, and the reference to “95 per cent” in clause (1)(a)(i.1)(C) shall be read as “90 per cent”, with respect to the named variety of cheese if

  • (a) a statement or claim set out in column 4 of any of items 12 to 14, 16, 20, 21 and 45 of the table following section B.01.513 of the Food and Drug Regulations is shown on the label of the product as part of the common name; and

  • (b) the cheese has the characteristic flavour and texture of the named variety of cheese.

  Item	Column I	Column II	Column III
  	Variety of Cheese	Maximum percentage of moisture	Minimum percentage of milk fat
  1	Asiago	40.0	30.0
  2	Baby Edam	47.0	21.0
  3	Baby Gouda	45.0	26.0
  4	Blue	47.0	27.0
  5	Butter (Butterkäse)	46.0	27.0
  6	Bra	36.0	26.0
  7	Brick	42.0	29.0
  8	Brie	54.0	23.0
  9	Caciocavallo	45.0	24.0
  10	Camembert (Carré de l’Est)	56.0	22.0
  11	Canadian Style Brick	42.0	29.0
  12	Canadian Style Munster	46.0	27.0
  13	Colby	42.0	29.0
  14	Danbo	46.0	25.0
  15	Edam	46.0	22.0
  16	Elbo	46.0	25.0
  17	Emmentaler (Emmental, Swiss)	40.0	27.0
  18	Esrom	50.0	23.0
  19	Farmer’s	44.0	27.0
  20	Feta	55.0	22.0
  21	Fontina	46.0	27.0
  22	Fynbo	46.0	25.0
  23	Gouda	43.0	28.0
  24	Gournay	55.0	33.0
  25	Gruyère	38.0	28.0
  26	Havarti	50.0	23.0
  27	Jack	50.0	25.0
  28	Kasseri	44.0	25.0
  29	Limburger	50.0	25.0
  30	Maribo	43.0	26.0
  31	Montasio	40.0	28.0
  32	Monterey (Monterey Jack)	44.0	28.0
  33	Mozzarella (Scamorza)	52.0	20.0
  34	Muenster (Munster)	50.0	25.0
  35	Neufchâtel	60.0	20.0
  36	Parmesan	32.0	22.0
  37	Part Skim Mozzarella (Part Skim Scamorza)	52.0	15.0
  38	Part Skim Pizza	48.0	15.0
  38.1	Part Skim Pizza Mozzarella	61.0	11.0
  39	Pizza	48.0	20.0
  39.1	Pizza Mozzarella	58.0	15.0
  40	Provolone	45.0	24.0
  41	Romano (Sardo)	34.0	25.0
  42	St. Jorge	40.0	27.0
  43	Saint Paulin	50.0	25.0
  44	Samsoe	44.0	26.0
  45	Tilsiter (Tilsit)	45.0	25.0
  46	Tybo	46.0	25.0

  Item	Column I	Column II	Column III
  	Variety of Cheese	Maximum percentage of moisture	Maximum percentage of milk fat
  1	Harzkase (Harzer Käse, Mainzer Käse)	55.0	3.0
  2	Skim Milk	55.0	7.0

28.1 Any cheese product for which a standard is established by any of sections 29 to 45 may contain more than the maximum percentage of moisture set out in the applicable standard and less than the minimum percentage of milk fat set out in the applicable standard, where

• (a) the characteristic flavour and texture of the cheese product are maintained in the modified cheese product; and

• (b) the product name includes descriptive terminology that meets the requirements of

  • (i) the Food and Drugs Act and the Food and Drug Regulations with respect to claims and statements, and

  • (ii) the Guide to Food Labelling and Advertising, as amended from time to time, published by the Agency, with respect to the use of the terms “light” and “lite”.

29 Cottage cheese shall be the product, in the form of discrete curd particles, prepared from skim milk, evaporated skim milk or skim milk powder and harmless acid-producing bacterial cultures, may contain milk, cream, milk powder, rennet, salt, calcium chloride, added lactose, pH adjusting agents, relish fruits or vegetables and shall contain not more than

• (a) 80 per cent moisture; and

• (b) 0.5 per cent stabilizing agent.

30 Creamed cottage cheese shall be cottage cheese that contains a mixture of cream, cream with milk, skim milk or both in such quantity that the final product shall contain

• (a) not less than four per cent milk fat, and

• (b) not more than 80 per cent moisture,

and may contain emulsifying, gelling, stabilizing and thickening agents.

31 Whey Cheese or (naming the variety) Whey Cheese

• (a) shall be the product made by coagulating whey or concentrated whey with the aid of heat to form a curd and shaping the curd; and

• (b) may contain

  • (i) micro-organisms to aid further ripening,

  • (ii) added milk and milk products, and

  • (iii) permitted food additives.

32 Cream Cheese

• (a) shall

  • (i) be the product made by coagulating cream with the aid of bacteria to form a curd and forming the curd into a homogeneous mass after draining the whey, and

  • (ii) contain

    • (A) not more than 55 per cent moisture, and

    • (B) not less than 30 per cent milk fat; and

• (b) may contain

  • (i) cream added to adjust the milk fat content,

  • (ii) salt, and

  • (iii) permitted food additives.

33 Cream Cheese with (naming the added ingredients)

• (a) shall

  • (i) be the product made by coagulating cream with the aid of bacteria to form a curd and forming the curd into a homogeneous mass after draining the whey, and

  • (ii) contain the named added ingredients which shall be one or more of the following ingredients in amounts sufficient to differentiate the product from cream cheese but not in amounts so large as to change the basic nature of the product:

    • (A) cheese other than cream cheese,

    • (B) seasonings, spices, flavouring preparations, condiments or chocolate,

    • (C) fruits, vegetables, pickles, relishes or nuts,

    • (D) prepared or preserved meat, or

    • (E) prepared or preserved fish, and

  • (iii) contain

    • (A) not more than 60 per cent moisture, and

    • (B) not less than 26 per cent milk fat; and

• (b) may contain

  • (i) cream added to adjust the milk fat content,

  • (ii) salt, and

  • (iii) permitted food additives.

34 Cream Cheese Spread

• (a) shall

  • (i) be the product made by coagulating cream with the aid of bacteria to form a curd and forming the curd into a homogeneous mass after draining the whey, and

  • (ii) contain

    • (A) added milk and milk products,

    • (B) not less than 51 per cent cream cheese,

    • (C) not more than 60 per cent moisture, and

    • (D) not less than 24 per cent milk fat; and

• (b) may contain

  • (i) cream added to adjust the milk fat content,

  • (ii) salt, vinegar and sweetening agents, and

  • (iii) permitted food additives.

35 Cream Cheese Spread with (naming the added ingredients)

• (a) shall

  • (i) be the product made by coagulating cream with the aid of bacteria to form a curd and forming the curd into a homogeneous mass after draining the whey,

  • (ii) contain the named added ingredients which shall be one or more of the following ingredients in amounts sufficient to differentiate the product from cream cheese spread but not in amounts so large as to change the basic nature of the product:

    • (A) cheese other than cream cheese,

    • (B) seasonings, spices, flavouring preparation, condiments or chocolate,

    • (C) fruits, vegetables, pickles, relishes or nuts,

    • (D) prepared or preserved meat, or

    • (E) prepared or preserved fish, and

  • (iii) contain

    • (A) added milk and milk products,

    • (B) not more than 60 per cent moisture, and

    • (C) not less than 24 per cent milk fat; and

• (b) may contain

  • (i) cream added to adjust the milk fat content,

  • (ii) salt, vinegar and sweetening agents, and

  • (iii) permitted food additives.

36 Processed (naming the variety) Cheese

• (a) shall

  • (i) subject to subparagraph (ii), be the product made by comminuting and mixing the named variety or varieties of cheese, other than cream cheese, cottage cheese or whey cheese, into a homogeneous mass with the aid of heat,

  • (ii) in the case of processed cheddar cheese, be the product made by comminuting and mixing one or more of the following:

    • (A) cheddar cheese,

    • (B) stirred curd cheese,

    • (C) granular curd cheese, or

    • (D) washed curd cheese

    into a homogeneous mass with the aid of heat,

  • (iii) have, where it is made from

    • (A) one variety of cheese, in which the maximum amount of moisture permitted is less than 40 per cent, or

    • (B) more than one variety of cheese, in which the average maximum amount of moisture permitted is less than 40 per cent,

    a moisture content that does not exceed, by more than five per cent, the amount referred to in clause (A) or (B), as the case may be, and a milk fat content that is not less, by more than three per cent, than the minimum milk fat content or average minimum milk fat content permitted for that variety or those varieties, as the case may be,

  • (iv) subject to subparagraph (v), have, where it is made from

    • (A) one variety of cheese, in which the maximum amount of moisture permitted is 40 per cent or more, or

    • (B) two or more varieties of cheese, in which the average maximum amount of moisture permitted is 40 per cent or more,

    a moisture content that does not exceed, by more than three per cent, the amount referred to in clause (A) or (B), as the case may be, and a milk fat content that is not less, by more than two per cent, than the minimum milk fat content or average minimum milk fat content permitted for that variety or those varieties, as the case may be, and

  • (v) in the case of processed skim milk cheese, contain not more than

    • (A) 55 per cent moisture, and

    • (B) seven per cent milk fat; and

• (b) may contain

  • (i) water added to adjust the moisture content,

  • (ii) added milk fat,

  • (iii) in the case of processed skim milk cheese, added skim milk powder, buttermilk powder and whey powder,

  • (iv) salt, vinegar and sweetening agents, and

  • (v) permitted food additives.

37 Processed (naming the variety) Cheese with (naming the added ingredients)

• (a) shall

  • (i) be the product made by comminuting and mixing the named variety or varieties of cheese, other than cream cheese, cottage cheese or whey cheese, into a homogeneous mass with the aid of heat,

  • (ii) contain the named added ingredients which shall be one or more of the following ingredients in amounts sufficient to differentiate the product from processed (named variety) cheese but not in amounts so large as to change the basic nature of the product:

    • (A) flavouring preparations other than such preparations that resemble the flavour of the varieties of cheese used in the product,

    • (B) seasonings, spices, condiments or chocolate,

    • (C) fruits, vegetables, pickles, relishes or nuts,

    • (D) prepared or preserved meat, or

    • (E) prepared or preserved fish,

  • (iii) have, where it is made from

    • (A) one variety of cheese, in which the maximum amount of moisture permitted is less than 40 per cent, or

    • (B) more than one variety of cheese, in which the average maximum amount of moisture permitted is less than 40 per cent,

    a moisture content that does not exceed by more than five per cent, the amount referred to in clause (A) or (B), as the case may be, and a milk fat content that is not less, by more than three per cent, than the minimum milk fat content or average minimum milk fat content permitted for that variety or those varieties, as the case may be, and

  • (iv) have, where it is made from

    • (A) one variety of cheese, in which the maximum amount of moisture permitted is 40 per cent or more, or

    • (B) more than one variety of cheese, in which the average maximum amount of moisture permitted is 40 per cent or more,

    a moisture content that does not exceed, by more than three per cent, the amount referred to in clause (A) or (B), as the case may be, and a milk fat content that is not less, by more than two per cent, than the minimum milk fat content or average minimum milk fat content permitted for that variety or those varieties, as the case may be; and

• (b) may contain

  • (i) water added to adjust moisture content,

  • (ii) added milk fat,

  • (iii) salt, vinegar and sweetening agents, and

  • (iv) permitted food additives.

38 Processed Cheese Food

• (a) shall

  • (i) be the product made by comminuting and mixing one or more varieties of cheese, other than cream cheese, cottage cheese or whey cheese, into a homogeneous mass with the aid of heat, and

  • (ii) contain

    • (A) added milk or milk products,

    • (B) not less than 51 per cent cheese,

    • (C) not more than 46 per cent moisture, and

    • (D) not less than 23 per cent milk fat; and

• (b) may contain

  • (i) water added to adjust the moisture content,

  • (ii) added milk fat,

  • (iii) salt, vinegar and sweetening agents, and

  • (iv) permitted food additives.

39 Processed Cheese Food with (naming the added ingredients)

• (a) shall

  • (i) be the product made by comminuting and mixing one or more varieties of cheese, other than cream cheese, cottage cheese or whey cheese, into a homogeneous mass with the aid of heat,

  • (ii) contain the named added ingredients which shall be one or more of the following ingredients in amounts sufficient to differentiate the product from processed cheese food but not in amounts so large as to change the basic nature of the product:

    • (A) seasonings, spices, flavouring preparations, condiments or chocolate,

    • (B) fruits, vegetables, pickles, relishes or nuts,

    • (C) prepared or preserved meat, or

    • (D) prepared or preserved fish, and

  • (iii) contain

    • (A) added milk and milk products,

    • (B) not more than 46 per cent moisture, and

    • (C) not less than 22 per cent milk fat; and

• (b) may contain

  • (i) water added to adjust the moisture content,

  • (ii) added milk fat,

  • (iii) salt, vinegar and sweetening agents, and

  • (iv) permitted food additives.

40 Processed Cheese Spread

• (a) shall

  • (i) be the product made by comminuting and mixing one or more varieties of cheese, other than cream cheese, cottage cheese or whey cheese, into a homogeneous mass with the aid of heat, and

  • (ii) contain

    • (A) added milk or milk products,

    • (B) not less than 51 per cent cheese,

    • (C) not more than 60 per cent moisture, and

    • (D) not less than 20 per cent milk fat;

• (b) may contain

  • (i) water added to adjust the moisture content,

  • (ii) added milk fat,

  • (iii) salt, vinegar and sweetening agents, and

  • (iv) permitted food additives.

41 Processed Cheese Spread with (naming the added ingredients)

• (a) shall

  • (i) be the product made by comminuting and mixing one or more varieties of cheese, other than cream cheese, cottage cheese or whey cheese, into a homogeneous mass with the aid of heat,

  • (ii) contain the named added ingredients which shall be one or more of the following ingredients in amounts sufficient to differentiate the product from processed cheese spread but not in amounts so large as to change the basic nature of the product:

    • (A) seasonings, spices, flavouring preparations, condiments or chocolate,

    • (B) fruits, vegetables, pickles, relishes or nuts,

    • (C) prepared or preserved meat, or

    • (D) prepared or preserved fish, and

  • (iii) contain

    • (A) added milk or milk products,

    • (B) not more than 60 per cent moisture, and

    • (C) not less than 20 per cent milk fat; and

• (b) may contain

  • (i) water added to adjust the moisture content,

  • (ii) added milk fat,

  • (iii) salt, vinegar and sweetening agents, and

  • (iv) permitted food additives.

42 Cold-Pack (naming the variety) Cheese

• (a) shall

  • (i) subject to subparagraph (ii), be the product made by comminuting and mixing the named variety or varieties of cheese, other than cream cheese, cottage cheese or whey cheese, into a homogeneous mass without the aid of heat,

  • (ii) in the case of cold-pack cheddar cheese, be the product made by comminuting and mixing one or more of the following:

    • (A) cheddar cheese,

    • (B) stirred curd cheese,

    • (C) granular curd cheese, or

    • (D) washed curd cheese

    into a homogeneous mass without the aid of heat,

  • (iii) contain, where it is made from

    • (A) one variety of cheese, not more moisture and not less milk fat than the maximum moisture content and minimum fat content permitted for that variety, or

    • (B) more than one variety of cheese, not more moisture and not less milk fat than the average maximum moisture content and the average minimum fat content permitted for those varieties; and

• (b) may contain

  • (i) water added to adjust the moisture content,

  • (ii) added milk fat,

  • (iii) salt, vinegar and sweetening agents, and

  • (iv) permitted food additives.

43 Cold-Pack (naming the variety) Cheese with (naming the added ingredients)

• (a) shall

  • (i) be the product made by comminuting and mixing the named variety or varieties of cheese, other than cream cheese, cottage cheese or whey cheese, into a homogeneous mass without the aid of heat,

  • (ii) contain the named added ingredients which shall be one or more of the following ingredients in amounts sufficient to differentiate the product from cold-pack (named variety) cheese but not in amounts so large as to change the basic nature of the product:

    • (A) flavouring preparations other than such preparations that resemble the flavour of the varieties of cheese used in the product,

    • (B) seasonings, spices, condiments or chocolate,

    • (C) fruits, vegetables, pickles, relishes or nuts,

    • (D) prepared or preserved meat, or

    • (E) prepared or preserved fish, and

  • (iii) contain, where it is made from

    • (A) one variety of cheese, not more moisture and not less milk fat than the maximum moisture content and one per cent less than the minimum milk fat content permitted for that variety, or

    • (B) more than one variety of cheese, not more moisture and not less milk fat than the average maximum moisture content and one per cent less than the average minimum milk fat content permitted for those varieties; and

• (b) may contain

  • (i) water added to adjust the moisture content,

  • (ii) added milk fat,

  • (iii) salt, vinegar and sweetening agents, and

  • (iv) permitted food additives.

44 Cold-Pack Cheese Food

• (a) shall

  • (i) be the product made by comminuting and mixing one or more varieties of cheese, other than cream cheese, cottage cheese or whey cheese, into a homogeneous mass without the aid of heat,

  • (ii) contain

    • (A) added milk or milk products,

    • (B) not less than 51 per cent cheese,

    • (C) not more than 46 per cent moisture, and

    • (D) not less than 23 per cent milk fat; and

• (b) may contain

  • (i) water added to adjust the moisture content,

  • (ii) added milk fat,

  • (iii) salt, vinegar and sweetening agents, and

  • (iv) permitted food additives.

45 Cold-Pack Cheese Food with (naming the added ingredients)

• (a) shall

  • (i) be the product made by comminuting and mixing one or more varieties of cheese, other than cream cheese, cottage cheese or whey cheese, into a homogeneous mass without the aid of heat,

  • (ii) contain the named added ingredients which shall be one or more of the following ingredients in amounts sufficient to differentiate the product from cold-pack cheese food but not in amounts so large as to change the basic nature of the product:

    • (A) seasonings, spices, flavouring preparations, condiments or chocolate,

    • (B) fruits, vegetables, pickles, relishes or nuts,

    • (C) prepared or preserved meat, or

    • (D) prepared or preserved fish, and

  • (iii) contain

    • (A) added milk or milk products,

    • (B) not more than 46 per cent moisture, and

    • (C) not less than 22 per cent milk fat; and

• (b) may contain

  • (i) water added to adjust moisture content,

  • (ii) added milk fat,

  • (iii) salt, vinegar and sweetening agents, and

  • (iv) permitted food additives.

46 Butter with flavour or seasoning shall be butter to which a flavour, other than that of butter, or a seasoning has been added, and shall contain not less than 80 per cent milk fat.

47 Butter with (naming the fruit, vegetable, or relish) shall be butter to which fruit, vegetable or relish has been added, and may contain less than 80 per cent milk fat, if the percentage of milk fat is reduced by the amount of the product added, but in no case shall the resultant milk fat content be less than 75 per cent.

48 Butter Oil (Clarified Butter) shall be the product prepared from butter or cream and resulting from the removal of most of the water and solids-not-fat content, and shall contain not less than 99.3 per cent milk fat and not more than 0.5 per cent water.

49 Anhydrous Butter Oil shall be the product obtained from butter or cream and resulting from the removal of practically the entire water and solids-not-fat content, and shall contain not less than 99.8 per cent milk fat, and not more than 0.1 per cent water.

• 50 (1) Mix for Frozen Dairy Products

  • (a) shall be the unfrozen, pasteurized food composed of milk, cream or other milk products, singularly or in combination, and sweetened with permitted sweetening agents; and

  • (b) may contain

    • (i) egg,

    • (ii) a flavouring preparation,

    • (iii) cocoa or chocolate syrup,

    • (iv) permitted food additives,

    • (v) salt,

    • (vi) up to one per cent added edible casein or edible caseinates, and

    • (vii) in the case of frozen dairy dessert mix, fruit juice.

• (2) A mix for frozen dairy products the common name of which is set out in Column I of an item of the table to this section shall contain percentages of solids and milk fat that fall within the minimum and maximum percentages set out in Column II or III of that item, depending on whether the mix contains cocoa or chocolate syrup.

• (3) Where a mix for frozen dairy products contains percentages of solids and milk fat that fall within the minimum and maximum percentages set out in Column II or III of an item of the table to this section, the common name set out in Column I of that item shall be used in any advertisement of the mix.

  Item	Column I	Column II			Column III
  	Common Name	Mix without Cocoa or Chocolate Syrup			Mix with Cocoa or Chocolate Syrup
  		Solids	Milk Fat		Solids	Milk Fat
  		Minimum Percentage by Weight	Minimum Percentage by Weight	Maximum Percentage by Weight	Minimum Percentage by Weight	Minimum Percentage by Weight	Maximum Percentage by Weight
  1	Ice Cream Mix	36	10	—	36	8	—
  2	Light Ice Cream Mix	33	5	7.5	33	5	6
  3	Ice Milk Mix	33	3	5	33	3	5
  4	Frozen Dairy Dessert Mix	—	—	—	—	—	—

• 51 (1) For the purposes of this section, frozen dairy product means ice cream, light ice cream, ice milk and frozen dairy dessert.

• (2) Frozen Dairy Product

  • (a) shall be the frozen food obtained by the freezing of a mix for a frozen dairy product, with or without the incorporation of air, and may contain

    • (i) cocoa or chocolate syrup,

    • (ii) fruit, nuts and confections, and

    • (iii) in the case of a product labelled or marketed as frozen dairy dessert, fruit juice; and

  • (b) shall contain not more than

    • (i) 100,000 bacteria per gram, or

    • (ii) 10 coliform organisms per gram.

• (3) A frozen dairy product the common name of which is set out in Column I of an item of the table to this section shall contain percentages and quantities of solids and percentages of milk fat that fall within the minimum and maximum percentages and quantities set out in Column II or III of that item, depending on whether the frozen dairy product contains cocoa, chocolate syrup, fruit, nuts or confections.

• (4) Where a frozen dairy product contains percentages and quantities of solids and percentages of milk fat that fall within the minimum and maximum percentages and quantities set out in Column II or III of an item of the table to this section, the common name set out in Column I of that item shall be used in any advertisement of the frozen dairy product.

• (5) In the table to this section, > means greater than.

  Item	Column I	Column II						Column III
  	Common Name	Without Cocoa, Chocolate Syrup, Fruit, Nuts or Confections						With Cocoa, Chocolate Syrup, Fruit, Nuts or Confections
  		Total Solids		Solids From Milk Fat		Milk Fat		Total Solids		Solids From Milk Fat		Milk Fat
  		Minimum Percentage by Weight	Minimum Weight in g/L	Minimum Weight in g/L	Maximum Weight in g/L	Minimum Percentage by Weight	Maximum Percentage by Weight	Minimum Percentage by Weight	Minimum Weight in g/L	Minimum Weight in g/L	Maximum Weight in g/L	Minimum Percentage by Weight	Maximum Percentage by Weight
  1	Ice Cream	36	180	50	—	10	—	36	180	40	—	8	—
  2	Light Ice Cream	33	160	25	37.5	5	7.5	33	160	25	30	5	6
  3	Ice Milk	33	160	14	25	3	5	33	160	14	25	3	5
  4	Frozen Dairy Dessert	—	—	—	—	—	—	—	—	—	—	—	—

52 to 55 [Repealed, SOR/90-472, s. 14]

56 Sherbet

• (a) shall be the frozen food, other than ice cream, light ice cream, ice milk or frozen dairy dessert, made from a milk product;

• (b) may contain

  • (i) water,

  • (ii) permitted sweetening agents,

  • (iii) fruits or fruit juice,

  • (iv) a flavouring preparation,

  • (v) permitted food additives, and

  • (vi) up to one per cent added edible casein or edible caseinates; and

• (c) shall contain

  • (i) not more than five per cent milk solids, including milk fat, and

  • (ii) not less than 0.35 per cent acid determined by titration and expressed as lactic acid.

57 Milk Shake Mix

• (a) shall be the unfrozen, pasteurized combination of milk, cream or other milk products, sweetened with permitted sweetening agents;

• (b) may contain

  • (i) egg,

  • (ii) flavouring preparation,

  • (iii) cocoa or chocolate syrup,

  • (iv) permitted food additives, and

  • (v) up to one per cent added edible casein or edible caseinates; and

• (c) shall contain

  • (i) not less than 23 per cent total solids, and

  • (ii) not less than three per cent milk fat.

58 Evaporated Milk or Concentrated Milk

• (a) shall be milk from which water has been removed;

• (b) shall contain

  • (i) not less than 25.0 per cent milk solids,

  • (ii) not less than 7.5 per cent milk fat, and

  • (iii) added vitamins as required pursuant to section B.08.010 of the Food and Drug Regulations; and

• (c) may contain permitted food additives.

59 Condensed Milk or Sweetened Concentrated Milk is milk from which water has been removed and to which has been added permitted sweetening agents, and

• (a) may contain added vitamin D in accordance with section B.08.009 of the Food and Drug Regulations; and

• (b) shall contain not less than

  • (i) 28 per cent milk solids, and

  • (ii) 8 per cent milk fat.

60 Evaporated Skim Milk or Concentrated Skim Milk

• (a) shall be milk that has been reduced to one half of its original volume by the removal of water;

• (b) shall contain

  • (i) not more than 0.3 per cent milk fat,

  • (ii) not less than 17.0 per cent milk solids other than fat, and

  • (iii) added vitamins as required pursuant to section B.08.011 of the Food and Drug Regulations; and

• (c) may contain permitted food additives.

61 Evaporated Partly Skimmed Milk or Concentrated Partly Skimmed Milk

• (a) shall be milk from which part of the milk fat has been removed;

• (b) shall be milk that has been reduced to one half of its original volume by the removal of water;

• (c) shall contain not less than 17.0 per cent milk solids other than fat;

• (d) shall contain vitamins as required pursuant to section B.08.012 of the Food and Drug Regulations; and

• (e) may contain permitted food additives.

62 Malted Milk Powder

• (a) shall be the product made by combining milk with the liquid separated from a mash of ground barley malt and meal and, on the removal of water,

• (b) shall contain

  • (i) not less than 7.5 per cent milk fat, and

  • (ii) not more than 3.5 per cent moisture; and

• (c) may contain permitted food additives.

63 (naming the flavour) Malted Milk Powder, shall be malted milk powder containing a flavouring preparation.

64 Sterilized Milk

• (a) shall be milk that has been heated without concentration or appreciable loss of volume to a temperature of at least 100°C for a length of time sufficient to kill all the organisms present;

• (b) shall be packed in hermetically sealed containers;

• (c) shall contain not less than

  • (i) 11.75 per cent milk solids, and

  • (ii) 3.25 per cent milk fat; and

• (d) shall contain vitamins as required pursuant to section B.08.007 of the Food and Drug Regulations.

65 Sterilized Cream

• (a) shall be cream that has been heated without significant concentration to a temperature of at least 100°C for a length of time sufficient to kill all the organisms present;

• (b) shall be packed in hermetically sealed containers; and

• (c) may contain permitted food additives.

Packing

66 Every dairy product for which a standard is prescribed under this Part shall be packed in accordance with the requirements of subsections 16(2) to (4).

Thermal Processing of Low-Acid Dairy Products Packaged in Hermetically Sealed Containers

• 66.1 (1) Subject to subsection (2), every operator shall ensure that every low-acid dairy product packaged in a hermetically sealed container in a registered establishment is thermally processed until commercial sterility is achieved.

• (2) Subsection (1) does not apply to a low-acid dairy product packaged in a hermetically sealed container where

  • (a) the low-acid dairy product is

    • (i) stored continuously under refrigeration at a temperature of 4°C or less and the container in which it is packaged is marked “Keep Refrigerated” and “Garder au froid”, or

    • (ii) kept continuously frozen and the container in which it is packaged is marked “Keep Frozen” and “Garder congelé”; and

  • (b) the shipping containers of the low-acid dairy product are also marked accordingly.

66.2 The operator of a registered establishment in which a low-acid dairy product packaged in a hermetically sealed container is thermally processed shall

• (a) keep in the establishment, for every low-acid dairy product that is processed,

  • (i) a written description of the scheduled process, together with the name of the person responsible for the development of the scheduled process, and

  • (ii) the formulation of the dairy product;

• (b) keep the information referred to in subparagraphs (a)(i) and (ii) for at least three years after the most recent use of the scheduled process;

• (c) keep in the establishment, for every low-acid dairy product that is processed, a written description of the procedures for the operation and maintenance of each unit of thermal processing equipment;

• (d) keep in the establishment a written description of a low-acid dairy product recall procedure;

• (e) [Repealed, SOR/2000-317, s. 11]

• (f) retain, for not less than three years after the date of processing, records that adequately set out the low-acid dairy product’s history and include as minimum information

  • (i) production volume, identification and distribution records,

  • (ii) the unit of thermal processing equipment used, the time, temperature and, where appropriate, the pressure of the process used,

  • (iii) the systems used to control the thermal process and critical factors,

  • (iv) information concerning the maintenance of and modifications to each unit of thermal processing equipment and each monitoring device,

  • (v) process deviations and any corrective action taken,

  • (vi) incubation results, and

  • (vii) where applicable, cooling water treatments applied; and

• (g) notify an inspector when a low-acid dairy product is to be recalled.

66.3 Every operator of a registered establishment shall ensure that no low-acid dairy product packaged in a hermetically sealed container is thermally processed in the registered establishment unless

• (a) the container, prior to being filled, meets the manufacturer’s specifications and is in all other respects suitable for its intended use;

• (b) the filling of the container is controlled to ensure compliance with the scheduled process;

• (c) the operation of each closing head is evaluated at frequent intervals and adjusted as required to maintain closures within the designated operating limits of the closing head;

• (d) the container is labelled in a legible and permanent manner to identify the establishment, the dairy product and the date on which the dairy product is thermally processed;

• (e) the thermal processing is carried out under the continuous supervision of a person who has attended a course in thermal processing and has received a certificate of competence on completion of the course;

• (f) the thermal process used meets or exceeds the requirements of the scheduled process;

• (g) a written description of the thermal process to be used for each low-acid dairy product and container size is located in a conspicuous place near the unit of thermal processing equipment while the unit is in use;

• (h) each unit of thermal processing equipment is maintained in good working order;

• (i) each unit of thermal processing equipment is equipped with adequate monitoring devices that are maintained in good working order;

• (j) where batch thermal processing is employed, a heat-sensitive indicator that visually indicates whether or not the container has been thermally processed is placed on or attached directly or indirectly to the container;

• (k) the container cooling water is of an acceptable microbiological quality and, in the case of water used in a cooling canal system, contains a residual amount of a bactericide at the discharge end of the canal; and

• (l) the container is handled in a manner that ensures that the container remains hermetically sealed.

Marking

67 Any information that is required to be shown on the label of a prepackaged dairy product for which standards are prescribed pursuant to this Part shall be shown in the manner and size set out in subsections 18(1) and (3).

• 68 (1) Subject to subsection (4), every prepackaged dairy product for which standards are prescribed by these Regulations shall bear a label on the principal display surface of the container, showing

  • (a) the common name of the dairy product;

  • (a.1) a declaration of the net quantity, as required by the Consumer Packaging and Labelling Regulations;

  • (b) a percentage declaration of moisture and milk fat in the case of all cheese, whey cheese and cheese curd;

  • (c) a percentage declaration of milk fat in the case of cottage cheese, creamed cottage cheese, sterilized cream and evaporated partly-skimmed milk or concentrated partly-skimmed milk;

  • (d) a statement as to the source of the milk, where the dairy product consists of or was manufactured wholly or partly from milk that is the normal secretion of the mammary gland of animals other than the cow and the source is not indicated in the common name; and

  • (e) the words “Product of” followed by the name of the country of origin, in the case of cheese prepackaged in Canada from imported bulk.

• (2) Subject to subsection (4), every prepackaged dairy product for which standards are prescribed by these Regulations shall bear a label on any panel of the container, other than the bottom of the container, showing

  • (a) the list of ingredients and components thereof, as required by paragraph B.01.008(1)(b) of the Food and Drug Regulations;

  • (b) the durable life date and instructions for proper storage of the dairy product, in those cases where the durable life is 90 days or less, as required by paragraph B.01.007(1.1)(b) of the Food and Drug Regulations;

  • (c) the words “Product of” followed by the name of the country of origin in the case of an imported dairy product; and

  • (d) the words “Product of Canada” when packed for export from Canada.

• (3) Subject to subsection (4), every prepackaged dairy product for which standards are prescribed by these Regulations shall bear a label on any panel of the container, showing

  • (a) in the case of a domestic dairy product, where the name and address shown on the label are not that of the actual establishment in which the prepackaged dairy product was prepared,

    • (i) the registration number of the establishment in which the dairy product was prepared, shown within an eight-sided frame in the same proportions as illustrated in Schedule V, or

    • (ii) the registration number of the establishment in which the dairy product was prepared, preceded by the words “Registration Number” or the abbreviation “Reg. No.” or “Reg.”; and

  • (b) a batch number, code number or lot number identifying an appropriate, meaningful sized unit of production.

• (4) The labelling requirements of this section do not apply in respect of prepackaged individual portions of dairy products that are for sale from automatic vending machines or mobile canteens, or that are served by a restaurant or other commercial enterprise with meals or as snacks.

• (5) Notwithstanding paragraph (3)(a), the registration number of a registered establishment may be shown on the shipping container where

  • (a) the combined weight of the product and the container is less than 75 g when packed in metric units or less than 3 oz when packed in Canadian units; or

  • (b) the volume of the product is less than 100 ml when packed in metric units or less than 5 fl oz when packed in Canadian units.

69 The word “smoked” may only appear on the principal display panel of a prepackaged cheese or prepackaged cheese product when wood smoke is used.

• 70 (1) Prepackaged varietal cheese, except cottage cheese and cheese listed in the table to section 28, shall show on the principal display panel

  • (a) the relative firmness of the cheese, identified in accordance with subsection (2);

  • (b) except in the case of a soft white cheese, a reference to the principal ripening characteristic of the cheese, identified in accordance with subsection (4);

  • (c) in the case of hard cheese intended for grating and having a moisture content of 34 per cent or less, the words “Hard Grating Cheese”; and

  • (d) in the case of mixtures of grated or shredded cheese, the varieties of cheese used, in order of their proportion in the product.

• (2) The relative firmness of prepackaged cheese shall be identified by one of the following expressions:

  • (a) “soft white cheese”, in the case of cheese having a moisture on fat-free basis content of 80 per cent or more;

  • (b) “soft cheese”, in the case of cheese having a moisture on fat-free basis content of more than 67 per cent and less than 80 per cent;

  • (c) “semi-soft cheese”, in the case of cheese having a moisture on fat-free basis content of more than 62 per cent and not more than 67 per cent;

  • (d) “firm cheese”, in the case of cheese having a moisture on fat-free basis content of 50 per cent or more and not more than 62 per cent; and

  • (e) “hard cheese”, in the case of cheese having a moisture on fat-free basis content of less than 50 per cent.

• (3) The relative firmness of prepackaged cheese shall be verified by a grader or inspector by means of a chemical test and a physical examination, and the findings of the grader or inspector shall be conclusive for the purposes of this Part.

• (4) The principal ripening characteristic of prepackaged cheese shall be identified by one of the following terms or expressions:

  • (a) “ripened”, where the ripening process develops within the whole body of the cheese;

  • (b) “surface ripened”, where the ripening process starts from the surface and moves into the body of the cheese;

  • (c) “blue veined”, where veins of mould occur within the body of the cheese; and

  • (d) “unripened” or “fresh”, where the cheese has not undergone any ripening.

• (5) Where a cheese to which subsection (1) applies has a name marked thereon, the name shall in no case be more than twice the height of lettering for the information required pursuant to paragraphs (1)(a), (b) and (c).

• 71 (1) Any information that is required to be shown on the label of a dairy product packed in bulk for which standards are prescribed pursuant to this Part shall be shown in the manner and size set out in subsections 18(1), (2) and (4), except that the information required by paragraph (3)(b) need only be shown in letters of a height that is sufficient so as to be legible.

• (2) Subject to subsection (4), every dairy product packed in bulk for which standards are prescribed by these Regulations shall bear a label on the principal display surface of the container, showing

  • (a) the common name of the product;

  • (b) the registration number within an eight-sided frame in the same proportion as illustrated in Schedule V, in the case of a domestic dairy product;

  • (c) the words “churn number” or “numéro de barattée” or the abbreviation “ch. no.” or “n^o de bar.” for butter and similar products, followed by the churn number, the churn number to begin with the number 1 on January 1st of each calendar year and to run consecutively throughout the calendar year;

  • (d) in the case of cheese, the vat number to begin with the number 1 on January 1st of each calendar year and to run consecutively throughout the calendar year;

  • (e) a declaration of net contents in Canadian units, metric units or both grouped together;

  • (f) a series of numbers indicating the day, month and year in which the dairy product was prepared and in the case of a dry milk product for which daily production is divided into two or three lots, the letter A, B or C to indicate the lot in which the product was prepared; and

  • (g) the word “Pasteurized” or “Pasteurisé” in the case of cheese still in its original shape, made from pasteurized milk, unless the fact that the cheese is made from pasteurized milk is indicated in the list of ingredients.

• (3) Subject to subsection (4), every dairy product packed in bulk for which standards are prescribed by these Regulations shall bear a label on any panel of the container, other than the bottom of the container, showing

  • (a) the identity and principal place of business of the person by or for whom the dairy product was manufactured or produced for resale;

  • (b) the list of ingredients and components thereof, as required by paragraph B.01.008(1)(b) of the Food and Drug Regulations;

  • (c) the durable life date and instructions for proper storage of the dairy product, in those cases where the durable life is 90 days or less, as required by paragraph B.01.007(1.1)(b) of the Food and Drug Regulations;

  • (d) the words “Product of” or “Produit de” followed by the name of the country of origin in the case of an imported dairy product; and

  • (e) the words “Product of Canada” or “Produit du Canada” when packed for export from Canada.

• (4) Cheese packed in bulk shall be marked in accordance with section 21.

72 A dairy product for which standards are prescribed pursuant to this Part shall not be described or presented on any label in a manner that is false, misleading or deceptive or is likely to create an erroneous impression regarding the product’s value, quantity, composition, quality, identity or nature.

73 Any information required by this Part to be shown on

• (a) a prepackaged dairy product shall meet the requirements regarding the use of the official languages and the requirements regarding form and manner set out in the Consumer Packaging and Labelling Regulations; and

• (b) a product packed in bulk, shall be shown in at least one official language.

PART IIIAdministration

Analysis, Inspection and Grading Services

• 74 (1) A person who wishes to have dairy products analysed, inspected or graded shall

  • (a) make a request to an inspector or, if there is no inspector in the area, at the nearest inspection office, at least 14 days before the service is required;

  • (b) present the dairy products at a place and time designated by an inspector;

  • (c) make all dairy products from which samples will be drawn by the inspector readily accessible and ensure that they are in a condition suitable for analysis, inspection or grading;

  • (d) be available to assist the inspector, or designate an employee on the premises who will be available to assist the inspector, to open and close the containers and provide such other assistance as the inspector may request in order to provide the service;

  • (e) indicate the grade names, if any, proposed to be placed on the containers, where the dairy products are unlabelled at the time they are presented; and

  • (f) pay the applicable fee prescribed by the Canadian Food Inspection Agency Fees Notice, in accordance with the conditions of payment set out in that Notice.

• (2) [Repealed, SOR/2000-183, s. 24]

75 Where, because of poor examination conditions or latent defects in a dairy product, an inspector or grader is unable to determine the grade of the dairy product, the inspector or grader may postpone the inspection of the dairy product for such period as the inspector or grader considers necessary to enable the determination of the grade to be made.

76 [Repealed, SOR/95-548, s. 2]

Seizure and Detention

• 77 (1) Where an inspector seizes and detains a dairy product or any other thing pursuant to section 23 of the Act, the inspector shall affix to the dairy product or any other thing a detention tag on which the following is clearly marked:

  • (a) the words “UNDER DETENTION” and “RETENU” in boldface letters;

  • (b) an identification number;

  • (c) a description of the dairy product or other thing;

  • (d) the reason for the seizure and detention;

  • (e) the date of the seizure and detention; and

  • (f) the name of the inspector, in block letters, and the signature of the inspector.

• (2) No person shall alter, deface or remove a detention tag attached to a dairy product or any other thing unless the person is authorized to do so by an inspector.

• 78 (1) An inspector shall, after detaining a dairy product or any other thing in accordance with subsection 77(1), forthwith deliver or mail a notice of detention

  • (a) to the person having the care or custody of the dairy product or other thing at the place where it was seized and to the person having the care or custody of the dairy product or other thing at the place where it is being detained;

  • (b) to the owner of the dairy product or other thing that was seized, or to the owner’s agent; and

  • (c) where the dairy product or other thing is removed from the place where it was seized to another place in accordance with subsection 19(5) or 25(1) of the Act, to the person having the care or custody of the dairy product or other thing at that other place.

• (2) A notice of detention referred to in subsection (1) shall state that the dairy product or other thing was seized and detained pursuant to section 23 of the Act and shall set out

  • (a) the detention tag identification number;

  • (b) a description of the dairy product or other thing;

  • (c) the reason for the seizure and detention;

  • (d) the date of the seizure and detention;

  • (e) the name of the inspector, in block letters, and the signature of the inspector;

  • (f) the place of detention; and

  • (g) the telephone number to call for further information in respect of the seizure and detention.

79 A dairy product or other thing detained under section 23 of the Act shall be detained under storage conditions appropriate to the preservation of the dairy product or other thing.

80 If an inspector releases a dairy product or other thing after determining that it meets the requirements of the Act and these Regulations, the inspector shall deliver or mail one copy of a notice of release to each of the persons to whom a copy of a notice of detention referred to in subsection 78(1) was delivered or mailed.

Forfeiture and Disposal

• 81 (1) Any dairy product or other thing forfeited under subsection 28(1) of the Act shall be disposed of in the manner ordered by the court directing the forfeiture and, if no order for the disposition of the dairy product or other thing is made by that court, the dairy product or other thing shall be disposed of in the following manner:

  • (a) in the case of a dairy product that is edible, it shall be

    • (i) sold and the proceeds deposited to the credit of the Receiver General, or

    • (ii) donated to a charitable institution;

  • (b) in the case of a dairy product that is inedible, it shall be

    • (i) sold for preparation as animal food or as a non-food product, and the proceeds deposited to the credit of the Receiver General, or

    • (ii) disposed of or destroyed; and

  • (c) in the case of a thing other than a dairy product, it shall be sold and the proceeds deposited to the credit of the Receiver General.

• (2) Any dairy product or other thing forfeited under subsection 28(2) of the Act shall be disposed of in the manner set out in subsection (1).

81.1 Dairy products that are forfeited under subsection 30(2) of the Act shall be disposed of in the following manner:

• (a) in the case of a dairy product that is edible, it shall be

  • (i) sold and the proceeds deposited to the credit of the Receiver General, or

  • (ii) donated to a charitable institution; and

• (b) in the case of a dairy product that is inedible, it shall be

  • (i) sold for preparation as animal food or as a non-food product and the proceeds deposited to the credit of the Receiver General, or

  • (ii) disposed of or destroyed.

PART IV

[Repealed, SOR/96-362, s. 6]

SCHEDULE IV(Section 21)Grade Mark

NOTE: The maple leaf shall be white or of a uniform colour with the grade name of such a contrasting colour so as to stand out against the colour of the maple leaf.

• SOR/98-216, s. 17

SCHEDULE V(Sections 19, 20, 68 and 71)Registration Number

• SOR/95-548, s. 2(F)