B.08.001. The foods referred to in this Division are dairy products.

B.08.001.1 In this Division, “milk product” means

(a) with respect to butter, whey butter or cheese, any of the following products, namely,

(i) partly skimmed milk, skim milk, cream, buttermilk and whey cream, and

(ii) milk in concentrated, dried or reconstituted form and any product referred to in subparagraph (i) in concentrated, dried or reconstituted form,

(b) with respect to cream cheese spread, cream cheese spread with named added ingredients, processed cheese food, processed cheese food with named added ingredients, processed cheese spread, processed cheese spread with named added ingredients, cold-pack cheese food or cold-pack cheese food with named added ingredients, any of the following products, namely,

(i) butter, whey butter and whey, and

(ii) any product referred to in subparagraph (i) in concentrated or dried form, including whey protein concentrate, and

(c) with respect to ice milk mix, ice cream mix or sherbet, any of the products referred to in subparagraph (a)(i) or (ii) or (b)(i) or (ii). (produit du lait)

SOR/92-400, s. 1. SOR/97-543, s. 1(F); SOR/98-580, s. 1(F).

B.08.002. Except as provided in these Regulations, a dairy product that contains a fat other than milk fat is adulterated.

B.08.002.1. Sections B.08.003 to B.08.028 do not apply to a lacteal secretion obtained from the mammary gland of any animal other than a cow, genus Bos, or a product or derivative of such secretion.

SOR/85-623, s. 1.

B.08.002.2 (1) Subject to subsection (2), no person shall sell the normal lacteal secretion obtained from the mammary gland of the cow, genus Bos, or of any other animal, or sell a dairy product made with any such secretion, unless the secretion or dairy product has been pasteurized by being held at a temperature and for a period that ensure the reduction of the alkaline phosphatase activity so as to meet the tolerances specified in official method MFO-3, Determination of Phosphatase Activity in Dairy Products, dated November 30, 1981.

(2) Subsection (1) does not apply to

(a) cheese; or

(b) any food that is sold for further manufacturing or processing in order to pasteurize it in the manner described in subsection (1).

SOR/91-549, s. 1; SOR/95-499, s. 1.

B.08.003. [S]. Milk or Whole Milk

(a) shall be the normal lacteal secretion obtained from the mammary gland of the cow, genus Bos; and

(b) shall contain added vitamin D in such an amount that a reasonable daily intake of the milk contains not less than 300 International Units and not more than 400 International Units of vitamin D.

SOR/95-499, s. 2.

B.08.004. [S]. Skim Milk

(a) shall be milk that contains not more than 0.3 per cent milk fat;

(b) shall, notwithstanding sections D.01.009 and D.01.010, contain added vitamin A in such an amount that a reasonable daily intake of the milk contains not less than 1,200 International Units and not more than 2,500 International Units of vitamin A; and

(c) shall contain vitamin D in such an amount that a reasonable daily intake of the milk contains not less than 300 International Units and not more than 400 International Units of vitamin D.

SOR/78-656, s. 1.

B.08.005. [S]. Partly Skimmed Milk or Partially Skimmed Milk

(a) shall be derived from milk that has had its fat content reduced by mechanical separation or adjusted by the addition of cream, milk, partly skimmed milk or skim milk, either singly or in combination;

(b) shall, notwithstanding sections D.01.009 and D.01.010, contain added vitamin A in such an amount that a reasonable intake of the milk contains not less than 1,200 International Units and not more than 2,500 International Units of vitamin A; and

(c) shall contain vitamin D in such an amount that a reasonable daily intake of the milk contains not less than 300 International Units and not more than 400 International Units of vitamin D.

SOR/78-656, s. 2.

B.08.006. [S]. Milk Fat or Butter Fat shall be the fat of cow’s milk, and shall have

(a) a specific gravity of not less than 0.905 at a temperature of 40°,

(b) a tocopherol content not greater than 50 micrograms per gram, as determined by official method FO-16, Determination of Tocopherol in Milk Fat or Butter Fat, October 15, 1981,

(c) a Reichert-Meissl number not less than 24, and

(d) a Polenske number not exceeding 10 per cent of the Reichert-Meissl number and in no case shall the Polenske number exceed 3.5, and

where the tocopherol content is greater than 50 micrograms per gram or the Polenske number exceeds 10 per cent of the Reichert-Meissl number, there shall be deemed to have been an addition to the milk fat of fat other than that of cow’s milk.

SOR/82-768, s. 14.

B.08.007. [S]. Sterilized Milk

(a) and (b) [Repealed, SOR/97-148, s. 1]

(c) shall contain not less than

(i) 11.75 per cent milk solids, and

(ii) 3.25 per cent milk fat; and

(d) shall contain added vitamin D in such an amount that a reasonable daily intake of the milk contains not less than 300 International Units and not more than 400 International Units of vitamin D.

SOR/97-148, s. 1.

B.08.008. The percentage of milk fat contained in

(a) partly skimmed milk or partially skimmed milk,

(b) partly skimmed milk with added milk solids or partially skimmed milk with added milk solids, or

(c) evaporated partly skimmed milk or concentrated partly skimmed milk

shall be shown on the principal display panel followed by the words “milk fat” or the abbreviation “B.F.” or “M.F.”.

B.08.009. [S]. Condensed Milk or Sweetened Condensed Milk shall be milk from which water has been evaporated and to which has been added sugar, dextrose, glucose, glucose solids or lactose, or any combination thereof, may contain added vitamin D and shall contain not less than

(a) 28 per cent milk solids; and

(b) eight per cent milk fat.

B.08.010. [S]. Evaporated Milk

(a) shall be milk from which water has been evaporated;

(b) shall contain not less than

(i) 25.0 per cent milk solids, and

(ii) 7.5 per cent milk fat;

(c) shall, notwithstanding sections D.01.009 to D.01.011, contain added vitamin C in such an amount that a reasonable daily intake of the milk contains not less than 60 milligrams and not more than 75 milligrams of vitamin C;

(d) shall contain vitamin D in such an amount that a reasonable daily intake of the milk contains not less than 300 International Units and not more than 400 International Units of vitamin D; and

(e) may contain

(i) added disodium phosphate or sodium citrate, or both, and

(ii) an emulsifying agent.

SOR/78-656, s. 3; SOR/92-400, s. 2.

B.08.011. [S]. Evaporated Skim Milk or Concentrated Skim Milk

(a) shall be milk that has been concentrated to at least one-half of its original volume by the removal of water;

(b) shall contain

(i) not more than 0.3 per cent milk fat, and

(ii) not less than 17.0 per cent milk solids other than fat;

(c) shall, notwithstanding sections D.01.009 and D.01.010, contain added vitamin A in such an amount that a reasonable daily intake of the milk contains not less than 1,200 International Units and not more than 2,500 International Units of vitamin A;

(d) shall, notwithstanding sections D.01.009 to D.01.011, contain added vitamin C in such an amount that a reasonable daily intake of the milk contains not less than 60 milligrams and not more than 75 milligrams of vitamin C;

(e) shall contain added vitamin D in such an amount that a reasonable daily intake of the milk contains not less than 300 International Units and not more than 400 International Units of vitamin D; and

(f) may contain added disodium phosphate or sodium citrate, or both.

B.08.012. [S]. Evaporated Partly Skimmed Milk or Concentrated Partly Skimmed Milk

(a) shall be milk from which part of the milk fat has been removed;

(b) shall be concentrated to at least one-half its original volume by the removal of water;

(c) shall contain not less than 17.0 per cent milk solids other than fat; and

(d) shall, notwithstanding sections D.01.009 and D.01.010, contain added vitamin A in such an amount that a reasonable daily intake of the milk contains not less than 1,200 International Units and not more than 2,500 International Units of vitamin A;

(e) shall, notwithstanding sections D.01.009 to D.01.011, contain added vitamin C in such an amount that a reasonable daily intake of the milk contains not less than 60 milligrams and not more than 75 milligrams of vitamin C;

(f) shall contain added vitamin D in such an amount that a reasonable daily intake of the milk contains not less than 300 International Units and not more than 400 International Units of vitamin D; and

(g) may contain

(i) an emulsifying agent, and

(ii) added disodium phosphate or sodium citrate, or both.

B.08.013. [S]. Milk Powder, Whole Milk Powder, Dry Whole Milk, or Powdered Whole Milk

(a) shall be dried milk;

(b) shall contain not less than

(i) 95 per cent milk solids, and

(ii) 26 per cent milk fat;

(c) shall contain added vitamin D in such an amount that a reasonable daily intake of the milk contains not less than 300 International Units and not more than 400 International Units of vitamin D; and

(d) may contain the emulsifying agent lecithin in an amount not exceeding 0.5 per cent.

SOR/78-656, s. 4; SOR/83-932, s. 2.

B.08.014. [S]. Skim Milk Powder or Dry Skim Milk

(a) shall be dried skim milk;

(b) shall contain not less than 95 per cent milk solids; and

(c) shall, notwithstanding sections D.01.009 and D.01.010, contain added vitamin A in such an amount that a reasonable daily intake of the milk contains not less than 1,200 International Units and not more than 2,500 International Units of vitamin A;

(d) shall contain added vitamin D in such an amount that a reasonable daily intake of the milk contains not less than 300 International Units and not more than 400 International Units of vitamin D; and

(e) may contain an anti-foaming agent.

SOR/78-656, s. 5; SOR/80-501, s. 2(F).

B.08.014A. No person shall sell milk powder, whole milk powder, dry whole milk, powdered whole milk, skim milk powder or dry skim milk unless it is free from bacteria of the genus Salmonella, as determined by official method MFO-12, Microbiological Examination of Milk Powder, November 30, 1981.

SOR/78-656, s. 6; SOR/82-768, s. 15.

B.08.015. No person shall sell milk, skim milk, partly skimmed milk, (naming the flavour) milk, (naming the flavour) skim milk, (naming the flavour) partly skimmed milk, skim milk with added milk solids, partly skimmed milk with added milk solids, (naming the flavour) skim milk with added milk solids, (naming the flavour) partly skimmed milk with added milk solids, condensed milk, evaporated milk, evaporated skim milk, evaporated partly skimmed milk, milk powder or skim milk powder, in which the vitamin content has been increased by either irradiation or addition unless

(a) in the case of the addition of vitamin D, the menstruum containing the vitamin D contributes not more than 0.01 per cent fat foreign to milk; and

(b) in cases where the vitamin D content is increased by irradiation, the principal display panel of the label carries the statement “Vitamin D Increased” immediately preceding or following the name of the food, without intervening written, printed or graphic matter.

SOR/88-336, s. 3.

B.08.016. [S]. (naming the flavour) Milk

(a) shall be the product made from

(i) milk, milk powder, skim milk, skim milk powder, partly skimmed milk, evaporated milk, evaporated partly skimmed milk, evaporated skim milk or cream or any combination thereof,

(ii) a flavouring preparation, and

(iii) a sweetening agent;

(b) shall contain not less than three per cent milk fat;

(c) shall contain added vitamin D in such an amount that a reasonable intake of the milk contains not less than 300 International Units and not more than 400 International Units of vitamin D;

(d) may contain salt, food colour, lactase, stabilizing agent and not more than 0.5 per cent starch; and

(e) may contain not more than 50,000 total aerobic bacteria per cubic centimetre, as determined by official method MFO-7, Microbiological Examination of Milk, November 30, 1981.

SOR/78-656, s. 7; SOR/82-768, s. 16; SOR/84-762, s. 1.

B.08.017. [S]. (naming the flavour) Skim Milk

(a) shall be the product made from

(i) skim milk, skim milk powder or evaporated skim milk or any combination thereof,

(ii) a flavouring preparation, and

(iii) a sweetening agent;

(b) shall contain not more than 0.3 per cent milk fat;

(c) shall, notwithstanding sections D.01.009 and D.01.010, contain added vitamin A in such an amount that a reasonable daily intake of the milk contains not less than 1,200 International Units and not more than 2,500 International Units of vitamin A;

(d) shall contain added vitamin D in such an amount that a reasonable daily intake of the milk contains not less than 300 International Units and not more than 400 International Units of vitamin D; and

(e) may contain salt, food colour, lactase, stabilizing agent and not more than 0.5 per cent starch.

SOR/78-656, s. 8; SOR/84-762, s. 2.

B.08.018. [S]. (naming the flavour) Partly (Partially) Skimmed Milk

(a) shall be the product made from

(i) milk, milk powder, skim milk, skim milk powder, partly skimmed milk, evaporated milk, evaporated partly skimmed milk, evaporated skim milk or cream or any combination thereof,

(ii) a flavouring preparation, and

(iii) a sweetening agent;

(b) shall contain more than 0.3 per cent and less than 3.0 per cent milk fat;

(c) shall, notwithstanding sections D.01.009 and D.01.010, contain added vitamin A in such an amount that a reasonable daily intake of the milk contains not less than 1,200 International Units and not more than 2,500 International Units of vitamin A;

(d) shall contain added vitamin D in such an amount that a reasonable daily intake of the milk contains not less than 300 International Units and not more than 400 International Units of vitamin D;

(e) may contain salt, food colour, lactase, stabilizing agent and not more than 0.5 per cent starch; and

(f) may contain not more than 50,000 total aerobic bacteria per cubic centimetre, as determined by official method MFO-7, Microbiological Examination of Milk, November 30, 1981.

SOR/78-656, s. 9; SOR/82-768, s. 17; SOR/84-762, s. 3.

B.08.019. [S]. Skim Milk with Added Milk Solids

(a) shall be skim milk to which has been added skim milk powder or evaporated skim milk or both;

(b) shall contain not less than 10 per cent milk solids;

(c) shall contain not more than 0.3 per cent milk fat;

(d) shall, notwithstanding sections D.01.009 and D.01.010, contain added vitamin A in such an amount that a reasonable daily intake of the dairy product contains not less than 1,200 International Units and not more than 2,500 International Units of vitamin A; and

(e) shall contain added vitamin D in such an amount that a reasonable daily intake of the milk contains not less than 300 International Units and not more than 400 International Units of vitamin D.

SOR/78-656, s. 10.

B.08.020. [S]. Partly Skimmed Milk with Added Milk Solids or Partially Skimmed Milk with Added Milk Solids

(a) shall be partly skimmed milk to which has been added skim milk powder, milk powder, evaporated milk, evaporated partly skimmed milk or evaporated skim milk or any combination thereof;

(b) shall contain not less than 10 per cent milk solids not including fat; and

(c) shall, notwithstanding sections D.01.009 and D.01.010, contain added vitamin A in such an amount that a reasonable daily intake of the milk contains not less than 1,200 International Units and not more than 2,500 International Units of vitamin A; and

(d) shall contain added vitamin D in such an amount that a reasonable daily intake of the milk contains not less than 300 International Units and not more than 400 International Units of vitamin D.

B.08.021. [S]. Malted Milk or Malted Milk Powder

(a) shall be the product made by combining milk with the liquid separated from a mash of ground barley malt and meal;

(b) may have added to it, in such manner as to secure the full enzyme action of the malt extract, salt and sodium bicarbonate or potassium bicarbonate;

(c) may have water removed from it; and

(d) shall contain

(i) not less than 7.5 per cent milk fat, and

(ii) not more than 3.5 per cent moisture.

B.08.022. [S]. (naming the flavour) Malted Milk or (naming the flavour) Malted Milk Powder

(a) shall be malted milk or malted milk powder containing a flavouring preparation; and

(b) may contain lactase.

SOR/84-762, s. 4.

B.08.023. [S]. (naming the flavour) Skim Milk with Added Milk Solids

(a) shall be the product made from

(i) skim milk, skim milk powder, or evaporated skim milk or any combination thereof,

(ii) a flavouring preparation, and

(iii) a sweetening agent;

(b) shall contain not less than 10 per cent milk solids not including fat;

(c) shall contain not more than 0.3 per cent milk fat;

(d) shall, notwithstanding sections D.01.009 and D.01.010, contain added vitamin A in such an amount that a reasonable daily intake of the milk contains not less than 1,200 International Units and not more than 2,500 International Units of vitamin A;

(e) shall contain added vitamin D in such an amount that a reasonable daily intake of the milk contains not less than 300 International Units and not more than 400 International Units of vitamin D; and

(f) may contain salt, food colour, lactase, stabilizing agent and not more than 0.5 per cent starch.

SOR/78-656, s. 11; SOR/84-762, s. 5.

B.08.024. No person shall sell milk for manufacture into dairy products if it contains more than

(a) two million total aerobic bacteria per millilitre, as determined by official method MFO-7, Microbiological Examination of Milk, November 30, 1981; or

(b) two milligrams of sediment per 16 fluid ounces, as determined by official method MFO-8, Determination of Sediment in Milk, November 30, 1981.

SOR/82-768, s. 18.

B.08.025. No manufacturer shall purchase milk for manufacture or manufacture milk into other dairy products if he has reason to believe it does not meet the requirements of section B.08.024.

B.08.026. [S]. (naming the flavour) Partly (Partially) Skimmed Milk with Added Milk Solids

(a) shall be the product made from

(i) milk, milk powder, skim milk, skim milk powder, partly skimmed milk, evaporated milk, evaporated partly skimmed milk, evaporated skim milk or cream or any combination thereof,

(ii) a flavouring preparation, and

(iii) a sweetening agent;

(b) shall contain not less than 10 per cent milk solids not including fat;

(c) shall contain more than 0.3 per cent and less than 3.0 per cent milk fat;

(d) shall, notwithstanding sections D.01.009 and D.01.010, contain added vitamin A in such an amount that a reasonable daily intake of the milk contains not less than 1,200 International Units and not more than 2,500 International Units of vitamin A;

(e) shall contain added vitamin D in such an amount that a reasonable daily intake of the milk contains not less than 300 International Units and not more than 400 International Units of vitamin D;

(f) may contain salt, food colour, lactase, stabilizing agent and not more than 0.5 per cent starch; and

(g) may contain not more than 50,000 total aerobic bacteria per cubic centimetre, as determined by official method MFO-7, Microbiological Examination of Milk, November 30, 1981.

SOR/78-656, s. 12; SOR/82-768, s. 19; SOR/84-300, s. 21(F); SOR/84-762, s. 6.

B.08.027. Notwithstanding anything contained in these Regulations, the following dairy products that are used in or sold for the manufacture of other foods are not required to contain added vitamins: milk; partly skimmed milk; partially skimmed milk; skim milk; sterilized milk; evaporated milk; evaporated skim milk; concentrated skim milk; evaporated partly skimmed milk; concentrated partly skimmed milk; milk powder; dry whole milk; powdered whole milk; skim milk powder; dry skim milk; partly skimmed milk powder; partially skimmed milk powder; skim milk with added milk solids; partly skimmed milk with added milk solids; and partially skimmed milk with added milk solids.

SOR/78-656, s. 13.

B.08.028. (1) The percentage of milk fat contained in

(a) (naming the flavour) milk,

(b) (naming the flavour) partly (partially) skimmed milk,

(c) (naming the flavour) partly (partially) skimmed milk with added milk solids,

(d) cream, and

(e) sour cream,

shall be shown on the principal display panel followed by the words “milk fat” or the abbreviation “B.F.” or “M.F.”.

(2) In addition to the statement referred to in subsection (1), a person may, on the label of a food referred to in that subsection, make a declaration of the fat content of the food, expressed in grams per serving of stated size.

SOR/79-23, s. 10; SOR/88-559, s. 16.

B.08.028.1. A lacteal secretion obtained from themammary gland of any animal other than a cow, genus Bos, and a product or derivative of such secretion shall be labelled so as to identify that animal.

SOR/85-623, s. 2.

B.08.029. (1) Notwithstanding sections D.01.009 to D.01.011, no person shall sell goat’s milk or goat’s milk powder to which vitamin D has been added unless the goat’s milk or goat’s milk powder contains not less than 35 International Units and not more than 45 International Units of vitamin D per 100 mL of the food when ready-to-serve.

(2) Notwithstanding sections D.01.009 to D.01.011, no person shall sell partly skimmed goat’s milk, skimmed goat’s milk, partly skimmed goat’s milk powder or skimmed goat’s milk powder to which vitamins have been added unless the product contains not less than 35 International Units of vitamin D and 140 International Units of vitamin A and not more than 45 International Units of vitamin D and 300 International Units of vitamin A per 100 mL of food when ready-to-serve.

(3) Notwithstanding sections D.01.009 to D.01.011, no person shall sell evaporated goat’s milk to which vitamins have been added unless 100 mL of the evaporated goat’s milk, when reconstituted according to directions for use, contains not less than seven milligrams of vitamin C, 35 International Units of vitamin D and 10 micrograms of folic acid and not more than nine milligrams of vitamin C, 45 International Units of vitamin D and 20 micrograms of folic acid.

(4) Notwithstanding sections D.01.009 to D.01.011, no person shall sell evaporated partly skimmed goat’s milk or evaporated skimmed goat’s milk to which vitamins have been added unless 100 mL of the evaporated partly skimmed goat’s milk or the evaporated skimmed goat’s milk, when reconstituted according to directions for use, contains not less than 140 International Units of vitamin A, seven milligrams of vitamin C, 35 International Units of vitamin D and 10 micrograms of folic acid and not more than 300 International Units of vitamin A, nine milligrams of vitamin C, 45 International Units of vitamin D and 20 micrograms of folic acid.

SOR/85-623, s. 2.