Dairy Products Regulations

SOR/79-840

CANADA AGRICULTURAL PRODUCTS ACT

Dairy Products Regulations

REGULATIONS RESPECTING THE REGISTRATION OF ESTABLISHMENTS, THE OPERATION AND MAINTENANCE OF REGISTERED ESTABLISHMENTS, THE GRADING, INSPECTION, PACKING AND LABELLING OF DAIRY PRODUCTS AND INTERNATIONAL AND INTERPROVINCIAL TRADE IN DAIRY PRODUCTS

[SOR/90-111, s. 1]

SHORT TITLE

1. These Regulations may be cited as the Dairy Products Regulations.

INTERPRETATION

2. In these Regulations,

"acceptable method" means a method of analysis or examination designated by the Minister as acceptable for use in the administration of the Act and these Regulations; (méthode acceptable)

"acid-type whey powder" means whey powder that results from the drying of cottage cheese whey or cream cheese whey and that contains not less than 0.30 per cent acid by weight; (lactosérum acide en poudre)

"Act" means the Canada Agricultural Products Act; (Loi)

"adulterated" [Repealed, SOR/2004-80, s. 5]

"Agency" means the Canadian Food Inspection Agency established by section 3 of the Canadian Food Inspection Agency Act; (Agence)

"blended skim milk and whey powder" or "blended whey and skim milk powder" means a combination of skim milk powder and whey powder; (mélange de lait écrémé et de lactosérum en poudre ou mélange de lactosérum et de lait écrémé en poudre)

"butter product" means calorie-reduced butter, dairy spread, light butter (lite butter) and whey butter; (produit du beurre)

"buttermilk powder" means buttermilk in powder form; (babeurre en poudre)

"certificate of inspection" means a certificate of inspection issued by the Agency; (certificat d'inspection)

"commercial sterility" means the condition obtained in a dairy product that has been processed by the application of heat alone or in combination with other treatments, to render the dairy product free from viable forms of micro-organisms, including spores, that would be capable of growing in the dairy product at normal temperatures at which the dairy product is designed to be held during distribution and storage; (stérilité commerciale)

"common name" means

(a) in the case of a product for which a standard is established by the Food and Drug Regulations, the common name of the product within the meaning of those Regulations,

(b) in the case of a product for which a standard is prescribed by these Regulations, the common name prescribed by these Regulations, and

(c) in any other case, the name by which the product is generally known; (nom usuel)

"container" [Repealed, SOR/88-88, s. 1]

"contaminated", in respect of a dairy product, means containing, for any reason whatsoever, a chemical, drug, food additive, heavy metal, industrial pollutant, ingredient, medicament, microbe, pesticide, poison, toxin or any other substance not permitted by, or in an amount in excess of limits prescribed under, or regulated by the Canadian Environmental Protection Act, 1999, the Food and Drugs Act and the Pest Control Products Act; (contaminé)

"country of origin", with respect to a dairy product, means the country in which the product was manufactured or the country in which the product last received significant processing; (pays d'origine)

"critical factors" means the physical and chemical factors that affect the capability of the thermal process to achieve commercial sterility in a dairy product; (facteurs critiques)

"cultured butter" [Repealed, SOR/90-472, s. 1]

"dairy product" means milk or a product thereof, whether alone or combined with another agricultural product, that contains no oil or fat other than that of milk; (produit laitier)

"dairy spread" [Repealed, SOR/90-472, s. 1]

"Director" means the Director designated by the President of the Agency; (directeur)

"edible" means fit for use as food; (version anglaise seulement)

"edible acid casein" [Repealed, SOR/88-623, s. 1]

"edible casein" means the dry product obtained by separating, washing and drying the coagulum of skim milk, where the coagulum is obtained by precipitation with a food grade acid; (caséine comestible)

"edible caseinate" means the dry product obtained by the reaction of a food grade neutralizing agent on edible casein or fresh edible casein curd, the product of which is then subjected to an appropriate drying treatment; (caséinate comestible)

"food" has the same meaning as in section 2 of the Food and Drugs Act; (aliment)

"food additive" has the same meaning as in section B.01.001 of Part B of the Food and Drug Regulations; (additif alimentaire)

"formulation" means, in respect of a dairy product,

(a) its ingredients and components, including food additives, and

(b) the relative proportions of its ingredients and components; (formulation)

"further processing" means further treating a dairy product or subjecting it to heat, either alone or in the process of being used as an ingredient in food manufacturing; (transformation ultérieure)

"grade certificate" [[Repealed, SOR/2002-354, s. 15]

"grated cheese product" [Repealed, SOR/95-548, s. 2]

"hermetically sealed container" means a container that is designed to be secure against the entry of micro-organisms, including spores; (récipient hermétiquement fermé)

"ingredient" means an individual unit of food that is combined with one or more other individual units of food to form an integral unit of food; (ingrédient)

"instant", with respect to a dried milk product, means a dried milk product that has been processed to significantly improve dispersability and solubility; (instantané)

"low-acid dairy product" means a dairy product any component of which has a pH value above 4.6 and a water activity (Aw) above 0.85; (produit laitier peu acide)

"M" means one million (1,000,000); (M)

"milk" or "whole milk", as used in the manufacture of dairy products, means the normal lacteal secretion, free from colostrum, obtained from the mammary gland of an animal; (lait ou lait entier)

"milk fat" or "butter fat", in the case of fat from cow's milk, means fat from cow's milk that meets the requirements of section B.08.006 of the Food and Drug Regulations; (matière grasse du lait)

"milk product" means any of the following, namely,

(a) partly-skimmed milk, skim milk, cream, buttermilk, whey, whey cream, and

(b) milk in concentrated, dried, frozen or reconstituted form and any product named in paragraph (a) in concentrated, dried, frozen or reconstituted form, including butter, butter oil, whey butter, whey protein concentrate and other milk solids; (produit du lait)

"milk solids", in respect of a dairy product for which a grade or standard is established under these Regulations, means any component of milk, singly or in combination and other than water or casein, that has not been altered in its chemical composition; (solides du lait)

"Minister" means the Minister of Agriculture and Agri-Food; (ministre)

"mix for frozen dairy products" means ice cream mix, light ice cream mix, ice milk mix and frozen dairy dessert mix; (mélange à produit laitier glacé)

"official method" [Repealed, SOR/90-111, s. 2]

"operator" means the person who is responsible for the operation of a registered establishment; (exploitant)

"packaged cheese" means the product resulting from the comminuting and mixing of one or more lots of cheese with the aid of heat or emulsifying agents, and includes prepackaged cream cheese and prepackaged cream cheese products, prepackaged grated cheese and prepackaged grated cheese product; (fromage sous contenant)

"packed in bulk", with respect to a dairy product, means a dairy product that has been placed directly into a container for the purpose of storing, shipping or marketing where the product is not ordinarily sold to or used or purchased by a consumer without being repackaged; (emballé en vrac)

"partly-skimmed milk powder" means partly-skimmed milk in powder form; (lait partiellement écrémé en poudre)

"pasteurized", with respect to a dairy product, means that the product or that the milk product from which it was made was subjected, under controlled conditions, to heat at a temperature and for a time sufficient to destroy all of the pathogenic types of micro-organisms and most of the other organisms present; (pasteurisé)

"permitted", with respect to food additives, sweetening agents or vitamins, means permitted or authorized by the Food and Drug Regulations; (autorisé)

"permitted bacterial culture" means a bacterial culture that meets the requirements of section B.08.050 of the Food and Drug Regulations; (culture bactérienne autorisée)

"prepackaged", with respect to a dairy product, means a dairy product that is packaged in a container in such a manner that it is ordinarily sold to or used or purchased by a consumer without being repackaged; (préemballé)

"prepared or preserved meat" means a meat product prepared or preserved in accordance with the Meat Inspection Act and Regulations made thereunder; (viande préparée ou conservée)

"principal display panel" and "principal display surface" have the meanings set out for those terms in section 2 of the Consumer Packaging and Labelling Regulations; (espace principal et principale surface exposée)

"processing grade" [Repealed, SOR/98-216, s. 1]

"program manager" [Repealed, SOR/98-216, s. 1]

"Regional Director General" [Repealed, SOR/98-216, s. 1]

"registered establishment" means an establishment that is registered in accordance with section 10; (établissement agréé)

"registration number" means the number assigned to a registered establishment under section 10; (numéro d'agrément)

"roller-dried" [Repealed, SOR/92-248, s. 1]

"scheduled process" means the thermal process alone, or in combination with critical factors, chosen by an operator for a particular dairy product formulation, container type and size and unit of thermal processing equipment, that will achieve commercial sterility in the dairy product; (traitement programmé)

"seasoning" means a condiment, spice or herb used to savour, but does not include salt; (assaisonnement)

"skim milk powder" (dry skim milk) means skim milk in powder form; (lait écrémé en poudre)

"spray-dried", with respect to a dried milk product, means a dried milk product produced by a spray drying process; (desséché par pulvérisation)

"water activity" means the ratio of the water vapour pressure of a dairy product to the vapour pressure of pure water at the same temperature and pressure; (activité de l'eau)

"whey butter" [Repealed, SOR/90-472, s. 1]

"whey powder" means whey in powder form; (lactosérum en poudre)

"whipped butter" [Repealed, SOR/90-472, s. 1]

"whipped dairy spread" [Repealed, SOR/90-472, s. 1]

"whole milk powder" means whole milk in powder form. (lait entier en poudre) SOR/88-88, ss. 1, 11; SOR/88-623, s. 1; SOR/89-16, s. 3; SOR/90-111, s. 2; SOR/90-472, s. 1; SOR/91-558, s. 1; SOR/92-248, s. 1; SOR/94-388, s. 1; SOR/95-548, s. 2; SOR/97-292, s. 15; SOR/98-216, s. 1; SOR/2000-184, s. 31; SOR/2000-317, s. 3; SOR/2002-354, s. 15; SOR/2004-80, s. 5.

PROHIBITION

2.1 Where a grade or standard is established under these Regulations for a dairy product, no person shall market any product in import, export or interprovincial trade in such a manner that the product is likely to be mistaken for the dairy product. SOR/91-558, s. 2.

PART I
HEALTH AND SAFETY

2.2 (1) Subject to subsections (2) and (3), no person shall market a dairy product in import, export or interprovincial trade as food unless the dairy product

(a) [Repealed, SOR/2004-80, s. 6]

(b) is not contaminated;

(c) is edible;

(d) is prepared in a sanitary manner; and

(e) meets all other requirements of the Food and Drugs Act and the Food and Drug Regulations with respect to the dairy product.

(2) A dairy product that has been contaminated may be marketed in export or interprovincial trade as food where the dairy product, before being marketed, is prepared in such a manner that it meets the requirements of paragraphs (1)(b) to (e).

(3) No person shall, for the purpose of preparing a dairy product referred to in subsection (2) in such a manner that it meets the requirements of paragraphs (1)(b) to (e), mix the dairy product with a dairy product that is not contaminated.

(4) For the purpose of paragraph (1)(d), "prepared in a sanitary manner" means prepared in accordance with section 11.1. SOR/91-558, s. 2; SOR/95-548, s. 2; SOR/2004-80, s. 6.

2.3 A dairy product that is contaminated may be marketed in import, export or interprovincial trade as animal food if it is

(a) fit for use as animal food;

(b) labelled with the words "Animal Food" or "Aliments pour animaux" or the words "For Animal Feed" or "Pour alimentation animale";

(c) prepared separately from dairy products intended for use as food; and

(d) where appropriate, treated to give it the appearance of being inedible. SOR/91-558, s. 2; SOR/95-548, s. 2; SOR/2004-80, s. 7.

2.4 An inspector may direct that a dairy product be disposed of or destroyed where the inspector suspects on reasonable grounds that the dairy product

(a) [Repealed, SOR/2004-80, s. 8]

(b) is contaminated;

(c) does not meet the requirements of subsection 2.2(1) or section 2.3 and cannot be prepared in such a manner that it meets those requirements; or

(d) is otherwise injurious to the health of any person. SOR/91-558, s. 2; SOR/95-548, s. 2; SOR/2000-317, s. 4(F); SOR/2004-80, s. 8.

PART I.1

[SOR/91-558, s. 3]

STANDARDS

Grades and Grade Names

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. SOR/90-472, s. 2; SOR/98-216, s. 2.

3.1 [Repealed, SOR/98-216, s. 2]

Terms and Conditions of Grading

[SOR/90-244, s. 9(F)]

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. SOR/90-111, s. 3; SOR/90-472, s. 3.

5. [Repealed, SOR/98-216, s. 3]

Standards for Butter, Butter Products and Cheddar Cheese

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.

TABLE

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(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; and

(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.

(4) Notwithstanding paragraph (3)(a), cheddar cheese may contain more than the maximum percentage of moisture set out in that paragraph and less than the minimum percentage of milk fat set out in that paragraph, where

(a) the characteristic flavour and texture of cheddar cheese are maintained in the modified cheese; and

(b) the product name contains descriptive terminology that meets the requirements of

(i) the Food and Drugs Act and the Food and Drug Regulations with respect to claims and statements, and

(ii) the Guide for Food Manufacturers and Advertisers (1988), as amended from time to time, published by the Department of Consumer and Corporate Affairs, with respect to the use of the terms "light" and "lite". SOR/88-623, s. 2; SOR/90-472, ss. 4, 25(F); SOR/94-388, s. 2; SOR/95-548, s. 2; SOR/97-369, s. 1.

(c) [Repealed, SOR/97-369, s. 1]

Place of Grading

[SOR/90-244, s. 9(F)]

7. A dairy product shall be graded only if it was prepared in a registered establishment that at the time of the preparation met the requirements of sections 11 and 11.1. SOR/90-244, s. 9(F); SOR/92-248, s. 3.

8. and 9. [Repealed, SOR/98-216, s. 4]

Registration of Establishments

10. (1) An application for the registration of an establishment, or for the renewal or amendment of an existing registration, shall be made to the Director, in a form provided by the Agency, accompanied by the applicable fee prescribed by the Canadian Food Inspection Agency Fees Notice, and shall contain the following information:

(a) the name, address, including the postal code, telephone number and, if any, facsimile number of the applicant and of the establishment, where they are different from those of the applicant;

(b) whether it is an application for a new registration or for the renewal or amendment of an existing registration;

(c) the existing registration number, if any;

(d) whether the establishment is owned by an individual, a partnership, a cooperative or a corporation;

(e) the name under which the establishment operates, where the name is different from that of the applicant;

(f) the names and titles of all owners, partners, officers and directors of the establishment; and

(g) an estimate of the volume of milk that the establishment will receive or the quantity of dairy products that the establishment will produce during the 12 months following the date of application.

(2) An application referred to in subsection (1) shall have annexed thereto

(a) plans and specifications for the establishment that shall include

(i) the dimensions and intended uses of the rooms and the positions of doors, windows, stairways and drains,

(ii) descriptions of the lighting, refrigeration, ventilation and plumbing systems,

(iii) descriptions of the types and location of equipment to be used in the establishment,

(iv) descriptions of the materials used in the construction of equipment, floors, walls, ceilings and openings, and

(v) descriptions of the location of the establishment in relation to adjacent buildings, roads, railways, waterways and public utilities; and

(b) a copy of an outline of a sanitation program for the establishment, indicating

(i) the person responsible for carrying out the program,

(ii) the equipment and chemical agents available for use to bring about and maintain clean and sanitary conditions, and

(iii) the measures proposed to be taken to ensure clean and sanitary conditions.

(3) Where an establishment in respect of which an application referred to in subsection (1) is made meets the conditions set out in section 11, the Director shall

(a) register the establishment by entering its name in the register of registered establishments of the Agency and by assigning it a registration number; and

(b) issue a Certificate of Registration to the person operating the establishment.

(4) The operator shall post the Certificate of Registration issued to the operator under subsection (3) in a conspicuous place in the registered establishment for the period during which the Certificate remains in force.

(5) The operator shall not assign or transfer the Certificate of Registration issued in respect of that establishment.

(6) Subject to sections 10.1 and 10.2, a Certificate of Registration is valid until the expiry date stated on the Certificate. SOR/90-111, s. 4; SOR/96-362, s. 1; SOR/97-292, s. 16; SOR/98-216, s. 5; SOR/2000-183, s. 22; SOR/2000-184, s. 32; SOR/2000-317, s. 5.

(7) [Repealed, SOR/98-216, s. 5]

Suspension of Registration

10.1 (1) The Director may suspend the registration of a registered establishment

(a) where

(i) the establishment does not meet the requirements of the Act or these Regulations, or

(ii) the operator does not comply with the provisions of the Act or these Regulations;

(b) it is reasonable to believe that public health will be endangered if the establishment is allowed to continue operating; and

(c) the operator has failed or is unable to take immediate corrective measures to remedy any situation referred to in paragraph (a).

(2) No registration shall be suspended under subsection (1) unless

(a) an inspector has, at the time of the inspection, notified the operator of the failure to comply with any provision of the Act or these Regulations;

(b) an inspector has provided the operator with a copy of an inspection report prepared by the inspector that sets out the grounds for suspension, the required corrective measures and the dates by which those measures must be implemented in order to avoid suspension and cancellation; and

(c) a notice of suspension of registration is delivered to the operator.

(3) A suspension of a registration under subsection (1) shall remain in effect

(a) until the required corrective measures have been taken and have been verified by an inspector; or

(b) where a cancellation procedure has been commenced under section 10.2, until the resolution of the cancellation issue. SOR/90-111, s. 4; SOR/2000-317, s. 6; SOR/2004-80, s. 9.

(c) [Repealed, SOR/2004-80, s. 9]

Cancellation of Registration

10.2 (1) The Director may cancel the registration of a registered establishment where

(a) the operator has not implemented the required corrective measures within the 30-day period following the day on which the registration was suspended or within any longer period of time allowed under subsection (2);

(b) the owner or operator of the establishment has changed; or

(c) the application for registration contains false or misleading information.

(2) If it is not possible for the operator to implement the required corrective measures within 30 days, the Director shall, on the request of the operator, allow the operator a longer period of time that is adequate to implement those measures.

(3) No registration shall be cancelled under subsection (1) unless

(a) the operator was advised of an opportunity to be heard in respect of the cancellation and was given that opportunity; and

(b) a notice of cancellation of registration was delivered to the operator. SOR/90-111, s. 4; SOR/2000-317, s. 7(E); SOR/2004-80, s. 10.

Conditions Respecting Registered Establishments

11. (1) Every registered establishment shall be situated on land that

(a) is free from debris and refuse;

(b) provides or permits good drainage; and

(c) is not in proximity to any source of pollution or any place that harbours insects, birds, rodents or other vermin that are likely to contaminate dairy products in the establishment.

(2) Every registered establishment shall

(a) be of sound construction and in good repair;

(b) be constructed of material that is durable and free from any noxious constituent;

(c) be separate from and have no direct access to living quarters, livestock housing and areas in which operations are incompatible with the handling of a dairy product;

(d) be protected against the entry of insects, birds, rodents or other vermin or any thing that is likely to contaminate dairy products;

(e) have, where an exposed dairy product is prepared, floors, walls and ceilings that are

(i) of a hard finish that is suitable for cleaning,

(ii) smooth,

(iii) impervious to moisture,

(iv) free from pitting, indentations, cracks, crevices and ledges, and

(v) in the case of floors, sloped for adequate drainage;

(f) have rooms and areas that have adequate lighting, ventilation and plumbing to meet the requirements of the operations carried out in those rooms and areas and that are constructed so as to facilitate the cleaning and disinfection of those rooms and areas;

(g) be equipped, in those areas where dairy products, ingredients, food additives or packing materials are exposed, with light bulbs and fixtures that are of a type that will not cause dairy product contamination in the event of breakage;

(h) have a sufficient number of rooms to accommodate the separation of incompatible operations;

(i) have, if dairy products are graded therein, a room for this purpose that is adequate in size to set out necessary samples;

(j) have dressing rooms, lunch rooms and lavatories that are

(i) capable of being kept in a clean and sanitary condition,

(ii) adequate in size and equipment for the number of people using them,

(iii) well lighted and ventilated, and

(iv) in the case of lavatories, separate from and not leading directly into any room used for handling a dairy product;

(k) subject to subsection (3), be supplied with potable hot and cold water that is protected against contamination and is adequate in quantity and pressure to serve the water needs of the establishment;

(l) have adequate means of waste removal and disposal;

(m) have drainage and sewage systems that are

(i) in accordance with the plumbing code of the province in which the establishment is located,

(ii) adequate to handle all wastes,

(iii) equipped with traps and vents,

(iv) designed and constructed so that there is no cross- connection between the effluent of human wastes and any other wastes in the establishment, and

(v) designed and constructed in a manner that prevents the contamination of a dairy product;

(n) have, for the preparation of a dairy product, equipment that is

(i) constructed of corrosion-resistant material, free of any noxious constituent and capable of being cleaned,

(ii) accessible for cleaning, maintenance and inspection or easily disassembled for those purposes, and

(iii) effective for the purpose for which it is intended;

(o) have food contact surfaces that are

(i) non-toxic,

(ii) smooth,

(iii) free from pitting, crevices and loose scale,

(iv) unaffected by dairy products,

(v) capable of withstanding repeated exposure to normal cleaning, and

(vi) non-absorbent;

(p) have adequate facilities and means for the thorough washing, cleaning and sanitizing of equipment;

(q) be equipped with appropriate container cleaning equipment; and

(r) be equipped with adequate means of establishing, maintaining and verifying the temperature and humidity of rooms in which dairy products are located.

(3) A registered establishment may use water other than potable water referred to in paragraph (2)(k) where it is used solely for fire protection, boilers or auxiliary services and there is no connection between the system for that water and the system for potable water. SOR/88-88, s. 11(E); SOR/89-16, s. 3; SOR/90-111, s. 4; SOR/95-548, s. 2(E).

Operation and Maintenance of Registered Establishments

11.1 (1) Every operator shall operate and maintain the establishment in accordance with this section.

(2) The building, equipment, utensils and all other physical facilities of a registered establishment shall be maintained in a sanitary condition.

(3) Every registered establishment shall be operated in accordance with the outline of the sanitation program referred to in paragraph 10(2)(b).

(4) Operations in relation to the preparation of a dairy product in a registered establishment shall be carried out under stringent sanitary control.

(5) Notices shall be posted in prominent places in a registered establishment

(a) instructing employees engaged in the preparation of any dairy product to clean their hands immediately after using toilet facilities;

(b) indicating that smoking is prohibited; and

(c) prohibiting food, other than that used in the preparation of a dairy product, and drink in food preparation areas.

(6) In a registered establishment, no material or coating shall be used to repair the floors, walls, ceilings, doors, windows and other parts of any room or area in which dairy products are prepared unless the material or coating is durable and free from any noxious constituent.

(7) Refuse shall be removed at least once daily from within a registered establishment.

(8) In a registered establishment, the minimum illumination at the working area, when measured at a distance of 75 cm from the floor, shall be

(a) in the case of processing and equipment cleaning areas, 330 1x; and

(b) in the case of rooms used for grading or inspection purposes, 550 1x.

(9) All lavatories, sinks and drains in a registered establishment shall be maintained in a manner that prevents any odours or fumes therefrom from pervading any room in which dairy products are prepared.

(10) The operator shall maintain an effective and safe rodent and insect control program and shall exclude any animal from the establishment.

(11) Any detergent, sanitizer or other chemical agent in a registered establishment shall be properly labelled and shall be stored and used in a manner that prevents the contamination of dairy products or a dairy product contact surface.

(12) Container cleaning equipment in a registered establishment shall be operated in a manner that ensures that containers used for dairy products, when cleaned, are free from foreign material.

(13) A room used for grading a dairy product shall be kept clean and tidy and shall be free from noise and odours that might interfere with the accurate assessment of quality.

(14) Where steam is used in the preparation of dairy products in a registered establishment, the steam shall be generated from potable water and contain no harmful substances, and the supply of steam shall be adequate in quantity and pressure to serve the total needs of the establishment.

(15) No dairy product or food intended for use as an ingredient in a dairy product in a registered establishment shall be maintained at a temperature and humidity that may cause that dairy product or food to deteriorate or become inedible.

(16) No dairy product or other substance used in the preparation of a dairy product in a registered establishment shall be exposed to a source of contamination.

(17) No dairy product shall come into contact with anything in a registered establishment that might adversely affect the quality, colour or appearance of the dairy product.

(18) No person in a registered establishment shall use, in the preparation of a dairy product for which grades or standards are established by these Regulations,

(a) any domestic dairy product, other than milk or cream, from any establishment that is not a registered establishment; or

(b) any milk or cream that does not meet the quality standards established for milk and cream by the appropriate provincial or federal authority.

(19) No person in a registered establishment shall pack a dairy product that is not intended for human consumption or is inedible unless the container is prominently marked with a statement to that effect.

(20) No operator of a registered establishment, unless authorized by the Director, shall permit any person who will be engaged in the preparation of an exposed dairy product

(a) to begin employment in the establishment until that person produces a physician's certificate stating that there is no medical impediment to that person's employment in the establishment; and

(b) to continue employment in the establishment unless the person produces any other medical certificate required by the Director.

(21) No person who suffers from or is a known carrier of a communicable disease or who has an infected lesion that is open or exposed shall work in any area of a registered establishment where there is a danger of contaminating a dairy product, an ingredient or a food contact surface with pathogenic micro-organisms.

(22) Every person engaged in the preparation of a dairy product in a registered establishment shall clean their hands thoroughly immediately after using toilet facilities and as frequently as is necessary to prevent the contamination of a dairy product.

(23) Every person engaged in directly handling a dairy product in a registered establishment shall clean their hands thoroughly in a sanitizing solution each time they enter the processing room.

(24) Every person engaged in the preparation of a dairy product in a registered establishment shall wear

(a) sanitary clothing and a complete hair covering;

(b) where gloves are used in the handling of a dairy product, only gloves that are made of an impermeable material and are maintained in a sound, clean and sanitary condition; and

(c) outer clothing that is free from pockets and buttons above the waist, and footwear, neither of which is worn outside the establishment.

(25) No person shall use tobacco in any form, chew gum or consume food of any kind, except water dispensed from a drinking fountain, in any part of a registered establishment where dairy products are prepared.

(26) No person engaged in the preparation of a dairy product in a registered establishment shall wear an object or use a substance that may fall into or otherwise contaminate the dairy product.

(27) Where a laboratory forms part of a registered establishment, the laboratory shall be operated so that it does not lead to the contamination of a dairy product.

(28) [Repealed, SOR/95-548, s. 2]

(29) The operator shall notify the Director of any proposed major modification to a registered establishment and, where requested by the Director, submit detailed plans and specifications of the modification. SOR/90-111, s. 4; SOR/95-548, s. 2; SOR/2000-317, s. 8.

Grade Requirements for Butter and Butter Products

[SOR/90-472, s. 5]

12. Butter and butter products may be graded Canada 1 if the butter or butter product meets the requirements of section 4 and subsections 6(1), (2) and (2.1), and

(a) [Repealed, SOR/90-472, s. 6]

(b) its flavour is typical and desirable, and in the case of cultured butter, slightly acidulous;

(c) its texture is smooth;

(d) [Repealed, SOR/90-472, s. 6]

(e) its body is firm;

(f) moisture in the product is reasonably well incorporated;

(g) its colour is uniform and characteristic of the product; and

(h) any salt in the product is dissolved. SOR/90-472, s. 6; SOR/98-216, s. 6; SOR/2002-438, s. 1.

(2) and (3) [Repealed, SOR/98-216, s. 6]

Grade Requirements for Cheddar Cheese

13. (1) Cheddar cheese may be graded Canada 1 if the cheese meets the requirements of section 4 and subsection 6(3), and

(a) its flavour and aroma are typical and desirable;

(b) its body is reasonably compact and firm;

(c) its texture is smooth;

(d) its surface is clean, smooth and unbroken;

(e) except in the case of marbled cheddar cheese, its colour is uniform and characteristic of cheddar cheese; and

(f) the cheese is uniform in size and regular in shape. SOR/88-195, s. 1; SOR/98-216, s. 7.

(2) and (3) [Repealed, SOR/98-216, s. 7]

Grade Requirements for Dry Milk Products

14. (1) A dry milk product named in the heading of a table to this section may be graded Canada 1 if it meets the requirements of section 4, and

(a) it meets the requirements of the grade Canada 1 as set out in that table;

(b) it is uniform in composition and colour;

(c) it is free from hard lumps;

(d) it is white or cream in colour or, in the case of whey powder, acid-type whey powder, blended skim milk and whey powder and blended whey and skim milk powder, it is light in colour;

(e) it is wholly free from black or brown particles visible to the naked eye except in the case of whey powder, acid-type whey powder, blended skim milk and whey powder, and blended whey and skim milk powder, which shall be substantially free from brown or black particles visible to the naked eye;

(f) when reconstituted, its flavour and odour are unobjectionable except in the case of whey powder, acid-type whey powder, blended skim milk and whey powder and blended whey and skim milk powder, which may have a slightly cooked or slightly scorched flavour and odour; and

(g) except in the case of acid-type whey powder, it does not contain a pH adjusting agent.

(2) A dry milk product named in the heading of a table to this section may be graded Canada 2 if it meets the requirements of section 4, and

(a) it meets the requirements of the grade Canada 2 as set out in that table; and

(b) it meets the requirements set out in subsection (1), except that its flavour and odour when reconstituted may lack freshness.

(3) In the tables to this section,

(a) > means greater than; and

(b) < means less than.

TABLE 1
SKIM MILK POWDER

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TABLE 2
PARTLY-SKIMMED MILK POWDER

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Grade Requirements Spray-Dried [Repealed, SOR/92-248, s. 4]------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Canada 1 Canada 2------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

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TABLE 3
WHOLE MILK POWDER

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TABLE 4
BUTTERMILK POWDER

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Alkalinity of Ash [Repealed, SOR/95-548, s. 2]------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

TABLE 5
WHEY POWDER

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Solubility Index [Repealed, SOR/88-195, s. 2]

Alkalinity of Ash [Repealed, SOR/95-548, s. 2]------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

TABLE 6
ACID-TYPE WHEY POWDER

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Solubility Index [Repealed, SOR/88-195, s. 2]

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