Dairy Products Regulations

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.