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Dairy Products Regulations (SOR/79-840)

Regulations are current to 2020-05-17 and last amended on 2019-01-14. Previous Versions

PART I.1Standards (continued)

  • SOR/91-558, s. 3

Labelling (continued)

  •  (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.

  • SOR/88-88, s. 7, 11
  • SOR/89-16, s. 3
  • SOR/89-385, s. 1
  • SOR/90-244, s. 2
  • SOR/98-216, s. 13

 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.

  • SOR/2000-184, s. 33
  • SOR/2002-354, s. 16

 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.

  • SOR/90-472, s. 12
  • SOR/95-548, s. 2

PART IIInternational and Interprovincial Trade

Advertising

 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.

  • SOR/90-472, s. 13

Exports

  •  (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]

  • SOR/88-88, s. 8
  • SOR/90-111, s. 5
  • SOR/96-362, s. 2
  • SOR/98-216, s. 14
  • SOR/2002-438, s. 4

Interprovincial Trade

  •  (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.

  • SOR/86-809, s. 1
  • SOR/90-111, s. 5
  • SOR/93-328, s. 3
  • SOR/98-216, s. 15

Imports

  •  (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.

  • SOR/90-111, s. 5
  • SOR/91-558, s. 4
  • SOR/92-6, s. 1
  • SOR/92-248, s. 7
  • SOR/96-362, s. 3
  • SOR/97-292, s. 17
  • SOR/98-216, s. 16
  • SOR/2007-302, s. 7
 
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