• 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3.1 [Repealed, SOR/98-216, s. 2]

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• (b) and (c) [Repealed, SOR/90-472, s. 3]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 [Repealed, SOR/98-216, s. 3]

• 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.