Dairy Products Regulations (SOR/79-840)

Regulations are current to 2013-04-29 and last amended on 2012-12-14. Previous Versions

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.

  • SOR/91-558, s. 2.

PART I

HEALTH 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    • (a) [Repealed, SOR/2004-80, s. 6]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.

  • SOR/91-558, s. 2;
  • SOR/95-548, s. 2;
  • SOR/2004-80, s. 6.

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.

  • SOR/91-558, s. 2;
  • SOR/95-548, s. 2;
  • SOR/2004-80, s. 7.

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  • (a) [Repealed, SOR/2004-80, s. 8]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.

  • SOR/91-558, s. 2;
  • SOR/95-548, s. 2;
  • SOR/2000-317, s. 4(F);
  • SOR/2004-80, s. 8.