Dairy Products Regulations (SOR/79-840)

Regulations are current to 2017-08-27 and last amended on 2015-04-01. Previous Versions

Dairy Products Regulations

SOR/79-840

CANADA AGRICULTURAL PRODUCTS ACT

Registration 1979-11-15

Regulations Respecting the Registration of Establishments, the Operation and Maintenance of Registered Establishments, the Grading, Inspection, Packing and Labelling of Dairy Products and International and Interprovincial Trade in Dairy Products

P.C. 1979-3088 1979-11-15

His Excellency the Governor General in Council, on the recommendation of the Minister of Agriculture, is pleased hereby to revoke the Canada Dairy Products Regulations C.R.C., c. 533 and, pursuant to sections 3, 5 and 8 and subsection 10(4) of the Canada Agricultural Products Standards Act, to make the annexed Regulations respecting the grading, packing, marking and inspection of dairy products and international and interprovincial trade in dairy products in substitution therefor.

Short Title

 These Regulations may be cited as the Dairy Products Regulations.

Interpretation

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adulterated[Repealed, SOR/2004-80, s. 5]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

  • SOR/88-88, ss. 1, 11;
  • SOR/88-623, s. 1;
  • SOR/89-16, s. 3;
  • SOR/90-111, s. 2;
  • SOR/90-472, s. 1;
  • SOR/91-558, s. 1;
  • SOR/92-248, s. 1;
  • SOR/94-388, s. 1;
  • SOR/95-548, s. 2;
  • SOR/97-292, s. 15;
  • SOR/98-216, s. 1;
  • SOR/2000-184, s. 31;
  • SOR/2000-317, s. 3;
  • SOR/2002-354, s. 15;
  • SOR/2004-80, s. 5;
  • SOR/2007-302, s. 5.
 
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