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Food and Drug Regulations (C.R.C., c. 870)

Regulations are current to 2021-11-17 and last amended on 2021-09-16. Previous Versions

PART BFoods (continued)

DIVISION 8Dairy Products (continued)

Cheese (continued)

  •  (1) [S]. Cold-Pack (naming the variety) Cheese with (naming the added ingredients)

    • (a) shall

      • (i) be the product made by comminuting and mixing the named variety or varieties of cheese, other than cream cheese, cottage cheese or whey cheese, into a homogeneous mass without the aid of heat,

      • (ii) contain the named added ingredients which shall be one or more of the following ingredients in amounts sufficient to differentiate the product from cold-pack (naming the variety) cheese but not in amounts so large as to change the basic nature of the product:

        • (A) flavouring preparations other than such preparations that resemble the flavour of the varieties of cheese used in the product,

        • (B) chocolate, condiments, seasonings or spices,

        • (C) fruits, nuts, pickles, relishes or vegetables,

        • (D) prepared or preserved meat, or

        • (E) prepared or preserved fish, and

      • (iii) contain, where it is made from

        • (A) one variety of cheese, not more moisture and not less milk fat than the maximum moisture content and one per cent less than the minimum milk fat content permitted for that variety, or

        • (B) more than one variety of cheese, not more moisture and not less milk fat than the average maximum moisture content and one per cent less than the average minimum milk fat content permitted for those varieties; and

    • (b) may contain

      • (i) water added to adjust the moisture content,

      • (ii) added milk fat,

      • (iii) salt, vinegar and sweetening agents,

      • (iv) one or more of the following colouring agents:

        • (A) in an amount consistent with good manufacturing practice, annatto, beta-carotene, chlorophyll, paprika, riboflavin, turmeric, and

        • (B) in an amount not exceeding 35 parts per million, either singly or in combination thereof, beta-apo-8′-carotenal, ethyl beta-apo-8′-carotenoate,

      • (v) the following emulsifying, gelling, stabilizing and thickening agents:

        ammonium carrageenan, calcium carrageenan, carob bean gum (locust bean gum), carrageenan, gelatin, guar gum, Irish Moss Gelose, potassium carrageenan, propylene glycol alginate, sodium carboxymethyl cellulose (carboxymethyl cellulose, cellulose gum, sodium cellulose glycolate), sodium carrageenan, tragacanth gum, xanthan gum or a combination thereof in an amount not exceeding 0.5 per cent,

      • (vi) acetic acid, calcium carbonate, citric acid, lactic acid, malic acid, phosphoric acid, potassium bicarbonate, potassium carbonate, sodium bicarbonate, sodium carbonate and tartaric acid as pH adjusting agents in an amount consistent with good manufacturing practice,

      • (vii) wood smoke as a preservative in an amount consistent with good manufacturing practice, and

      • (viii) the following preservatives:

        • (A) propionic acid, calcium propionate, sodium propionate or any combination thereof in an amount not exceeding 2,000 parts per million, calculated as propionic acid,

        • (B) sorbic acid, calcium sorbate, potassium sorbate, sodium sorbate, or any combination thereof in an amount not exceeding 3,000 parts per million, calculated as sorbic acid, or

        • (C) any combination of the preservatives named in clauses (A) and (B) in an amount not exceeding 3,000 parts per million, calculated as propionic acid and sorbic acid respectively.

  • (2) Only a cheese to which wood smoke has been added as permitted in subsection (1) may be described by the term “smoked” on a label.

  • (3) Where a cheese is labelled as permitted in subsection (2), the word “smoked” shall be shown on the principal display panel.

  • SOR/79-752, s. 2
  • SOR/92-400, s. 9
  • SOR/2010-94, s. 5(E)
  • SOR/2011-278, s. 7
  • SOR/2017-18, s. 18(F)
  • SOR/2018-69, s. 28(F)
  •  (1) [S]. Cold-Pack Cheese Food

    • (a) shall

      • (i) be the product made by comminuting and mixing one or more varieties of cheese, other than cream cheese, cottage cheese or whey cheese, into a homogeneous mass without the aid of heat,

      • (ii) contain

        • (A) added milk or milk products,

        • (B) not less than 51 per cent cheese,

        • (C) not more than 46 per cent moisture, and

        • (D) not less than 23 per cent milk fat; and

    • (b) may contain

      • (i) water added to adjust the moisture content,

      • (ii) added milk fat,

      • (iii) salt, vinegar and sweetening agents,

      • (iv) one or more of the following colouring agents:

        • (A) in an amount consistent with good manufacturing practice, annatto, beta-carotene, chlorophyll, paprika, riboflavin, turmeric, and

        • (B) in an amount not exceeding 35 parts per million, either singly or in combination thereof, beta-apo-8′-carotenal, ethyl beta-apo-8′-carotenoate,

      • (v) the following emulsifying, gelling, stabilizing and thickening agents:

        ammonium carrageenan, calcium carrageenan, carob bean gum (locust bean gum), carrageenan, gelatin, guar gum, Irish Moss Gelose, potassium carrageenan, propylene glycol alginate, sodium carboxymethyl cellulose (carboxymethyl cellulose, cellulose gum, sodium cellulose glycolate), sodium carrageenan, tragacanth gum, xanthan gum or a combination thereof in an amount not exceeding 0.5 per cent,

      • (vi) acetic acid, calcium carbonate, citric acid, lactic acid, malic acid, phosphoric acid, potassium bicarbonate, potassium carbonate, sodium bicarbonate, sodium carbonate and tartaric acid as pH adjusting agents in an amount consistent with good manufacturing practice,

      • (vii) wood smoke as a preservative in an amount consistent with good manufacturing practice, and

      • (viii) the following preservatives:

        • (A) propionic acid, calcium propionate, sodium propionate or any combination thereof in an amount not exceeding 2,000 parts per million, calculated as propionic acid,

        • (B) sorbic acid, calcium sorbate, potassium sorbate, sodium sorbate, or any combination thereof in an amount not exceeding 3,000 parts per million, calculated as sorbic acid, or

        • (C) any combination of the preservatives named in clauses (A) and (B) in an amount not exceeding 3,000 parts per million, calculated as propionic acid and sorbic acid respectively.

  • (2) Only a cheese to which wood smoke has been added as permitted in subsection (1) may be described by the term “smoked” on a label.

  • (3) Where a cheese is labelled as permitted in subsection (2), the word “smoked” shall be shown on the principal display panel.

  • SOR/79-752, s. 2
  • SOR/2007-302, s. 4(F)
  • SOR/2017-18, s. 18(F)
  • SOR/2018-69, s. 28(F)
  •  (1) [S]. Cold-Pack Cheese Food with (naming the added ingredients)

    • (a) shall

      • (i) be the product made by comminuting and mixing one or more varieties of cheese, other than cream cheese, cottage cheese or whey cheese, into a homogeneous mass without the aid of heat,

      • (ii) contain the named added ingredients which shall be one or more of the following ingredients in amounts sufficient to differentiate the product from cold-pack cheese food but not in amounts so large as to change the basic nature of the product:

        • (A) chocolate, condiments, flavouring preparations, seasonings or spices,

        • (B) fruits, nuts, pickles, relishes or vegetables,

        • (C) prepared or preserved meat, or

        • (D) prepared or preserved fish, and

      • (iii) contain

        • (A) added milk or milk products,

        • (B) not more than 46 per cent moisture, and

        • (C) not less than 22 per cent milk fat; and

    • (b) may contain

      • (i) water added to adjust moisture content,

      • (ii) added milk fat,

      • (iii) sweetening agents, salt and vinegar,

      • (iv) one or more of the following colouring agents:

        • (A) in an amount consistent with good manufacturing practice, annatto, beta-carotene, chlorophyll, paprika, riboflavin, turmeric, and

        • (B) in an amount not exceeding 35 parts per million, either singly or in combination thereof, beta-apo-8′-carotenal, ethyl beta-apo-8′-carotenoate,

      • (v) the following emulsifying, gelling, stabilizing and thickening agents:

        ammonium carrageenan, calcium carrageenan, carob bean gum (locust bean gum), carrageenan, gelatin, guar gum, Irish Moss Gelose, potassium carrageenan, propylene glycol alginate, sodium carboxymethyl cellulose (carboxymethyl cellulose, cellulose gum, sodium cellulose glycolate), sodium carrageenan, tragacanth gum, xanthan gum or a combination thereof in an amount not exceeding 0.5 per cent,

      • (vi) acetic acid, calcium carbonate, citric acid, lactic acid, malic acid, phosphoric acid, potassium bicarbonate, potassium carbonate, sodium bicarbonate, sodium carbonate and tartaric acid as pH adjusting agents in an amount consistent with good manufacturing practice,

      • (vii) wood smoke as a preservative in an amount consistent with good manufacturing practice, and

      • (viii) the following preservatives:

        • (A) propionic acid, calcium propionate, sodium propionate or any combination thereof in an amount not exceeding 2,000 parts per million, calculated as propionic acid,

        • (B) sorbic acid, calcium sorbate, potassium sorbate, sodium sorbate, or any combination thereof in an amount not exceeding 3,000 parts per million, calculated as sorbic acid, or

        • (C) any combination of the preservatives named in clauses (A) and (B) in an amount not exceeding 3,000 parts per million, calculated as propionic acid and sorbic acid respectively.

  • (2) Only a cheese to which wood smoke has been added as permitted in subsection (1) may be described by the term “smoked” on a label.

  • (3) Where a cheese is labelled as permitted in subsection (2), the word “smoked” shall be shown on the principal display panel.

  • SOR/79-752, s. 2
  • SOR/2007-302, s. 4(F)
  • SOR/2011-278, s. 8
  • SOR/2017-18, s. 18(F)
  • SOR/2018-69, s. 28(F)

 No manufacturer shall sell whole cheese that is not made from a pasteurized source unless the date of the beginning of the manufacturing process is

  • (a) marked or branded thereon within three days thereof; or

  • (b) marked on the label at the time of packaging, if the cheese is such that, because of its texture, consistency, or physical structure, such date cannot be effectively branded or marked on the cheese.

 No manufacturer shall sell any cheese that is not made from a pasteurized source if it has been cut into smaller portions, unless

  • (a) it has been duly stored; or

  • (b) each portion of cut cheese is marked, branded or labelled with the date of the beginning of the manufacturing process.

  •  (1) Subject to subsection (2), no person shall sell cheese, including cheese curd, that is not made from a pasteurized source unless it has been stored.

  • (2) Cheese, including cheese curd, that is not made from a pasteurized source may be used as an ingredient in any food providing such food is manufactured or processed so as to pasteurize the cheese in the manner described in the definition pasteurized source in section B.08.030(1).

  • SOR/78-405, s. 1
  • SOR/79-752, s. 3

 Notwithstanding B.08.044, cheese that has not been manufactured from a pasteurized source and has not been stored but is marked or branded with the date of the beginning of the manufacturing process, may be sold to

  • (a) a wholesaler;

  • (b) a jobber; or

  • (c) in quantities of not less than 900 pounds, to a retailer.

 No person shall sell any whole cheese that has not been made from a pasteurized source unless there is stamped thereon the date of the beginning of the manufacturing process.

 Every manufacturer, wholesaler, or jobber who sells cheese not made from a pasteurized source and which has not been stored shall keep a record of

  • (a) the registered number of the cheese factory,

  • (b) the date of manufacture of the cheese,

  • (c) the vat number or vat numbers,

  • (d) the name and address of the person to whom the cheese is sold, and

  • (e) the weight sold from each vat,

for each lot of cheese sold.

  •  (1) Subject to section B.08.054, no person shall sell cheese, including cheese curd, made from a pasteurized source if the cheese contains more than

    • (a) 100 Escherichia coli, or

    • (b) 100 Staphylococcus aureus

    per gram, as determined by official method MFO-14, Microbiological Examination of Cheese, November 30, 1983.

  • (2) No person shall sell cheese, made from an unpasteurized source if the cheese contains more than

    • (a) 500 Escherichia coli, or

    • (b) 1,000 Staphylococcus aureus

    per gram, as determined by official method MFO-14, Microbiological Examination of Cheese, November 30, 1983.

  • SOR/78-405, s. 2
  • SOR/82-768, s. 21
  • SOR/84-17, s. 4

 [S]. Whey

  • (a) shall be the product remaining after the curd has been removed from milk in the process of making cheese; and

  • (b) may contain

    • (i) catalase, in the case of liquid whey that has been treated with hydrogen peroxide,

    • (ii) lactase,

    • (iii) hydrogen peroxide, in the case of liquid whey destined for the manufacture of dried whey products,

    • (iv) benzoyl peroxide, and calcium phosphate tribasic and calcium sulphate as carriers of the benzoyl peroxide, in the case of liquid whey destined for the manufacture of dried whey products other than those for use in infant formula, and

    • (v) sodium hexametaphosphate, in the case of liquid whey destined for the manufacture of concentrated or dried whey products.

  • SOR/79-752, s. 4
  • SOR/89-555, s. 1
  • SOR/2010-40, s. 1
  • SOR/2011-282, s. 1
 
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