Food and Drug Regulations

B.08.033 (1) [S]. (Naming the variety) Cheese, other than cheddar cheese, cream cheese, whey cheese, cream cheese with (naming the added ingredients), cream cheese spread, cream cheese spread with (naming the added ingredients), processed (naming the variety) cheese, processed (naming the variety) cheese with (naming the added ingredients), processed cheese food, processed cheese food with (naming the added ingredients), processed cheese spread, processed cheese spread with (naming the added ingredients), cold-pack (naming the variety) cheese, cold-pack (naming the variety) cheese with (naming the added ingredients), cold-pack cheese food, cold-pack cheese food with (naming the added ingredients), cottage cheese and creamed cottage cheese,

• (a) shall

  • (i) be the product made by coagulating milk, milk products or a combination thereof with the aid of bacteria to form a curd and forming the curd into a homogeneous mass after draining the whey,

  • (i.1) except for feta cheese, have 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 the following percentage of the total protein content of the cheese, namely,

    • (A) 63 per cent in the case of Pizza Mozzarella cheese and Part Skim Pizza Mozzarella cheese,

    • (B) 83 per cent, in the case of Brick cheese, Canadian Style Brick cheese, Canadian Style Munster cheese, Colby cheese, Farmer’s cheese, Jack cheese, Monterey (Monterey Jack) cheese, Mozzarella (Scamorza) cheese, Part Skim Mozzarella (Part Skim Scamorza) cheese, Part Skim Pizza cheese, Pizza cheese, Skim milk cheese and any other variety of cheese not referred to in clause (A) or (C), and

    • (C) 95 per cent, in the case of any other variety of cheese named in the table to this section,

  • (i.2) have a whey protein to casein ratio that does not exceed the whey protein to casein ratio of milk,

  • (ii) possess the physical, chemical and organoleptic properties typical for the variety,

  • (iii) where it is a cheese of variety named in the table to this section, contain no more than the maximum percentage of moisture shown in Column II thereof for that variety,

  • (iv) where it is a cheese of a variety named in Part I of the table to this section, contain no less than the minimum percentage of milk fat shown in Column III for that variety, and

  • (v) where it is cheese of a variety named in Part II of the table to this section, contain no more than the maximum percentage of milk fat shown in Column III for that variety; and

• (b) may contain

  • (i) salt, seasonings, condiments and spices,

  • (ii) flavouring preparations other than cheese flavouring,

  • (iii) micro-organisms to aid further ripening,

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

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

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

    • (C) in an amount not exceeding 0.10 parts per million, brilliant blue FCF in feta cheese only,

  • (v) calcium chloride as a firming agent in an amount not exceeding 0.02 per cent of the milk and milk products used,

  • (vi) paraffin wax as a coating in an amount consistent with good manufacturing practice,

  • (vii) where potassium nitrate, sodium nitrate or a combination thereof are used for the purpose and in the manner described in subsection (2), residues of potassium nitrate, sodium nitrate or a combination thereof in an amount not exceeding 50 parts per million,

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

  • (ix) 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,

    • (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, or

    • (D) natamycin applied to the surface of the cheese in an amount that does not exceed 20 parts per million or, if the cheese is grated or shredded, 10 parts per million,

  • (x) in the case of grated or shredded cheese, calcium silicate, microcrystalline cellulose or cellulose, or a combination of them, as an anticaking agent, the total amount not to exceed 2.0 per cent, and

  • (xi) carbon dioxide as a pH adjusting agent in milk for cheese production, in an amount consistent with good manufacturing practice.

(1.1) A cheese of a variety set out in column I of Part I of the table to this section may contain more than the maximum percentage of moisture set out in column II and less than the minimum percentage of milk fat set out in column III 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 of Permitted Nutrient Content Statements and Claims 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 the named variety of cheese.

(1.2) The reference to “83 per cent” in clause (1)(a)(i.1)(B) shall be read as “78 per cent”, and the reference to “95 per cent” in clause (1)(a)(i.1)(C) shall be read as “90 per cent”, with respect to the named variety of cheese 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 of Permitted Nutrient Content Statements and Claims 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 the named variety of cheese.

(2) Potassium nitrate, sodium nitrate or a combination thereof may be used as a preservative in cheese providing the following requirements are met:

• (a) the amount of the salt or combination of salts does not exceed 200 parts per million of the milk and milk products used to make the cheese;

• (b) the cheese in which the preservative is used is

  • (i) mold ripened cheese packed in a hermetically sealed container, or

  • (ii) ripened cheese

    • (A) that contains not more than 68 per cent moisture on a fat free basis, and

    • (B) during the manufacture of which the lactic acid fermentation and salting was completed more than 12 hours after coagulation of the curd by enzymes; and

• (c) the salting is, in the case of the cheese described in subparagraph (b)(ii), applied externally as a dry salt or in the form of a brine.

(3) No person shall use an enzyme other than

• (a) aminopeptidase derived from Lactococcus lactis, bovine rennet derived from aqueous extracts from the fourth stomach of adult bovine animals, sheep and goats, chymosin A derived from Escherichia coli K-12, GE81 (pPFZ87A), chymosin B derived from Aspergillus niger var. awamori, GCC0349 (pGAMpR) or from Kluyveromyces marxianus var. lactis, DS1182 (pKS105), lipase derived from Animal pancreatic tissue; Aspergillus niger var.; Aspergillus oryzae var.; Edible forestomach tissue of calves, kids or lambs; Rhizopus oryzae var. or from Aspergillus oryzae (MLT-2) (pRML 787) (p3SR2); Rhizomucor miehei (Cooney and Emerson) (previous name: Mucor miehei (Cooney and Emerson)); Rhizopus niveus, milk coagulating enzyme derived from Rhizomucor miehei (Cooney and Emerson) (previous name: Mucor miehei (Cooney and Emerson)), from Mucor pusillus Lindt by pure culture fermentation process or from Aspergillus oryzae RET-1 (pBoel777), pepsin derived from glandular layer of porcine stomach, phospholipase derived from Aspergillus oryzae (pPFJo142), protease derived from Micrococcus caseolyticus var. or rennet derived from aqueous extracts from the fourth stomach of calves, kids or lambs, in the manufacture of any cheese to which subsection (1) applies;

• (b) [Repealed, SOR/2010-143, s. 1]

• (c) a milk coagulating enzyme derived from Endothia parasitica and enzymes described in paragraph (a), in the manufacture of Emmentaler (Emmental, Swiss) cheese, Mozzarella (Scamorza) cheese and Part Skim Mozzarella (Part Skim Scamorza) cheese;

• (d) a milk coagulating enzyme derived from Endothia parasitica and enzymes described in paragraph (a), in the manufacture of Parmesan cheese and Romano cheese;

• (e) protease derived from Aspergillus oryzae var., Aspergillus niger var. or Bacillus subtilis var., in the manufacture of Colby cheese; and

• (f) lysozyme derived from egg-white.

(3.1) No person shall use an enzyme referred to in subsection (3) at a level of use above that consistent with good manufacturing practice.

(4) Where a flavouring preparation, other than a flavouring preparation that has been traditionally used in the variety, is added to a cheese as permitted in subsection (1), the words “with (naming the flavouring preparation)” shall be added to the common name on any label.

(5) 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.

(6) Where a cheese is labelled as permitted in subsection (5), the word “smoked” shall be shown on the principal display panel.

TABLE