Interpretation
1. (1) The following definitions apply in this Volume.
"colouring agent" means a food additive that is used to add or restore colour to a food. (colorant)
"dairy product" has the same meaning as in section 1 on the Safe Food for Canadians Regulations. (produit laitier)
"edible casein" means the dry product obtained by separating, washing and drying the coagulum of skim milk, if 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 that is then subjected to an appropriate drying treatment. (caséinate comestible)
"FDR" means the Food and Drug Regulations. (RAD)
"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 product" means any of the following:
- (a) partly skimmed milk, skim milk, cream, buttermilk, whey and whey cream;
- (b) milk in concentrated, dried, frozen or reconstituted form and any product referred to in paragraph (a) in concentrated, dried, frozen or reconstituted form;
- (c) butter, butter oil and whey butter;
- (d) milk solids;
- (e) whey protein concentrate. (produit du lait)
"milk solids", when used as an ingredient, means
- (a) in respect of a dairy product other than cheese, any constituent of milk other than water or casein, alone or combined with other constituents of milk, that has not been altered in its chemical composition; and
- (b) in respect of cheese, any constituent of milk other than water, alone or combined with other constituents of milk. (solides du lait)
"sweetening agent" has the same meaning as in subsection B.01.001(1) of the Food and Drug Regulations. (agent édulcorant)
(2) For greater certainty, the terms defined in subsection (1) that appear in the provisions of the FDR that are referred to in this Volume have the same meaning as in that subsection.
Milk
2. Sterilized Milk is the food that meets the standard set out in section B.08.007 of the FDR.
3. Condensed Milk or Sweetened Condensed Milk is milk from which water has been removed, to which sugar, dextrose, glucose, glucose solids, lactose or any combination of them has been added and that
- (a) contains at least 28% milk solids and 8% milk fat; and
- (b) may contain added vitamin D.
4. Evaporated Milk or Concentrated Milk is milk from which water has been removed and that meets the requirements set out in paragraphs B.08.010(b) to (d) of the FDR. It may also contain the ingredients set out in paragraph B.08.010(e) of the FDR.
5. Evaporated Skim Milk or Concentrated Skim Milk is the food that meets the standard set out in section B.08.011 of the FDR.
6. Evaporated Partly Skimmed Milk or Concentrated Partly Skimmed Milk is the food that meets the standard set out in section B.08.012 of the FDR.
7. Milk Powder, Whole Milk Powder, Dry Whole Milk or Powdered Whole Milk is the food that meets the standard set out in section B.08.013 of the FDR.
8. Skim Milk Powder or Dry Skim Milk is the food that meets the standard set out in section B.08.014 of the FDR.
9. Malted Milk and Malted Milk Powder are the foods that meet the standard set out in section B.08.021 of the FDR.
10. (Naming the flavour) Malted Milk and (naming the flavour) Malted Milk Powder are the foods that meet the standard set out in section B.08.022 of the FDR.
Cheese
11. (1) (Naming the variety) Cheese is the food that meets the standard set out in section B.08.033 of the FDR.
(2) Subsection (1) does not apply to
- (a) cheddar cheese;
- (b) cream cheese;
- (c) cream cheese with (naming the added ingredients);
- (d) cream cheese spread;
- (e) cream cheese spread with (naming the added ingredients);
- (f) whey cheese and (naming the variety) whey cheese;
- (g) processed (naming the variety) cheese;
- (h) processed (naming the variety) cheese with (naming the added ingredients);
- (i) processed cheese food;
- (j) processed cheese food with (naming the added ingredients);
- (k) processed cheese spread;
- (l) processed cheese spread with (naming the added ingredients);
- (m) cold-pack (naming the variety) cheese;
- (n) cold-pack (naming the variety) cheese with (naming the added ingredients);
- (o) cold-pack cheese food;
- (p) cold-pack cheese food with (naming the added ingredients);
- (q) cottage cheese; and
- (r) creamed cottage cheese.
12. Cheddar Cheese is the food that meets the standard set out in section B.08.034 of the FDR.
13. Cream Cheese is the food that meets the standard set out in section B.08.035 of the FDR.
14. Cream Cheese with (naming the added ingredients) is the food that meets the standard set out in section B.08.037 of the FDR.
15. Cream Cheese Spread is the food that meets the standard set out in section B.08.038 of the FDR.
16. Cream Cheese Spread with (naming the added ingredients) is the food that meets the standard set out in section B.08.039 of the FDR.
17. Whey Cheese and (naming the variety) Whey Cheese are the foods that meet the standard set out in section B.08.036 of the FDR.
18. Processed (naming the variety) Cheese is the food that meets the standard set out in section B.08.040 of the FDR.
19. Processed (naming the variety) Cheese with (naming the added ingredients) is the food that meets the standard set out in section B.08.041 of the FDR.
20. Processed Cheese Food is the food that meets the standard set out in section B.08.041.1 of the FDR.
21. Processed Cheese Food with (naming the added ingredients) is the food that meets the standard set out in section B.08.041.2 of the FDR.
22. Processed Cheese Spread is the food that meets the standard set out in section B.08.041.3 of the FDR.
23. Processed Cheese Spread with (naming the added ingredients) is the food that meets the standard set out in section B.08.041.4 of the FDR.
24. Cold-pack (naming the variety) Cheese is the food that meets the standard set out in section B.08.041.5 of the FDR.
25. Cold-pack (naming the variety) Cheese with (naming the added ingredients) is the food that meets the standard set out in section B.08.041.6 of the FDR.
26. Cold-pack Cheese Food is the food that meets the standard set out in section B.08.041.7 of the FDR.
27. Cold-pack Cheese Food with (naming the added ingredients) is the food that meets the standard set out in section B.08.041.8 of the FDR.
28. Cottage Cheese is the food that meets the standard set out in section B.08.051 of the FDR.
29. Creamed Cottage Cheese is the food that meets the standard set out in section B.08.052 of the FDR.
30. Any cheese for which a standard is set out in any of sections 13 to 29 of this Volume may contain more than the maximum percentage of moisture set out in the applicable standard and less than the minimum percentage of milk fat set out in the applicable standard if
- (a) the characteristic flavour and texture of the cheese are maintained in the modified cheese; and
- (b) the name of the cheese includes descriptive terminology that meets the requirements of the Food and Drug Act and the FDR with respect to claims and statements.
Butter and Butter Products
31. Butter is the food that meets the standard set out in section B.08.056 of the FDR.
32. Whey Butter is the food that meets the standard set out in section B.08.057 of the FDR.
33. Light Butter or Lite Butter is the food that is prepared from milk or milk products or a combination of them. It must contain at least 39% milk fat and not more than 60% milk fat and may contain
- (a) milk solids;
- (b) bacterial culture;
- (c) salt; and
- (d) colouring agent.
34. Calorie-reduced Butter is the food that is prepared from milk or milk products or a combination of them. It must contain at least 39% milk fat and not more than 50% of the calories that would normally be present in butter and may contain
- (a) milk solids;
- (b) bacterial culture;
- (c) salt;
- (d) colouring agent;
- (e) emulsifying and stabilizing agents;
- (f) preservatives; and
- (g) not more than 1% added edible casein, edible caseinates or any combination of them.
35. Dairy Spread is the food that is prepared from milk or milk products or a combination of them. It must contain at least 39% milk fat and not more than 80% milk fat and may contain
- (a) milk solids;
- (b) bacterial culture;
- (c) salt;
- (d) colouring agent;
- (e) emulsifying and stabilizing agents;
- (f) preservatives; and
- (g) not more than 1% added edible casein, edible caseinates or any combination of them.
36. Butter, whey butter, light butter or lite butter, calorie-reduced butter or dairy spread that is whipped may have air or inert gas uniformly incorporated into it as a result of whipping and, in the case of butter, may contain not more than 1% added edible casein, edible caseinates or any combination of them.
37. Butter with (naming the seasoning or flavour) or (naming the seasoning or flavour) Butter is butter to which a seasoning or a flavour other than that of butter, or both, has been added. It must contain at least 80% milk fat.
38. Butter with (naming the fruit, vegetable or relish) is butter to which any fruit, vegetable or relish, or any combination of them, has been added. It may contain less than 80% milk fat if the percentage of milk fat is reduced by the amount of the product added, but the resulting milk fat content must be at least 75%.
Butter Oil or Clarified Butter
39. Butter Oil or Clarified Butter is the food that is prepared from butter or cream, or both, by removing most of the water and solids-not-fat content so that it contains at least 99.3% milk fat and not more than 0.5% water.
40. Anhydrous Butter Oil is the food that is prepared from butter or cream, or both, by removing water and the solids-not-fat content so that it contains at least 99.8% milk fat and not more than 0.1% water.
Mixes for Frozen Dairy Products
41. Ice Cream Mix is the food that meets the standard set out in section B.08.061 of the FDR.
42. Light Ice Cream Mix is the unfrozen, pasteurized food composed of cream, milk or other milk products, or any combination of them, that is sweetened with sugar, liquid sugar, invert sugar, honey, dextrose, glucose, corn syrup, corn syrup solids or any combination of them. It
- (a) must contain at least 33% total solids and 5% milk fat;
- (b) must contain not more than 7.5% milk fat or, if cocoa or chocolate syrup has been added, not more than 6% milk fat; and
- (c) may contain
- (i) egg;
- (ii) a flavouring preparation;
- (iii) cocoa or chocolate syrup or both;
- (iv) food additives permitted in ice cream mix; and
- (v) salt.
43. Frozen Dairy Dessert Mix is the unfrozen, pasteurized food composed of milk, cream or other milk products, or any combination of them, that is sweetened with sweetening agents.
- (a) It may contain
- (i) egg;
- (ii) a flavouring preparation;
- (iii) cocoa or chocolate syrup or both;
- (iv) food additives;
- (v) salt;
- (vi) not more than 1% added edible casein, edible caseinates or any combination of them; and
- (vii) fruit juice.
- (b) It must contain not more than
- (i) 100,000 bacteria per gram; and
- (ii) 10 coliform organisms per gram.
44. Milk Shake Mix is the unfrozen, pasteurized food composed of milk, cream or other milk products, or any combination of them, that is sweetened with sweetening agents. It
- (a) must contain at least 23% total solids and 3% milk fat; and
- (b) may contain
- (i) egg;
- (ii) a flavouring preparation;
- (iii) cocoa or chocolate syrup or both;
- (iv) food additives; and
- (v) not more than 1% added edible casein, edible caseinates or any combination of them.
45. Ice Milk Mix is the food that meets the standard set out in section B.08.071 of the FDR.
Frozen Dairy Products
46. Ice Cream is the food that meets the standard set out in section B.08.062 of the FDR.
47. Light Ice Cream is the frozen food obtained by freezing a light ice cream mix, with or without the incorporation of air. It
- (a) must contain at least
- (i) 33% total solids;
- (ii) 5% milk fat; and
- (iii) 160 g/L total solids of which at least 25 g must be milk fat;
- (b) must contain not more than
- (i) 7.5% milk fat or, if cocoa, chocolate syrup, fruits, nuts or confections have been added, 6% milk fat;
- (ii) 37.5 g/L solids from milk fat;
- (iii) 100,000 bacteria per gram; and
- (iv) 10 coliform organisms per gram;
- (c) may contain cocoa, chocolate syrup, fruits, nuts, confections or any combination of them.
48. Frozen Dairy Dessert is the frozen food obtained by freezing a frozen dairy dessert mix, with or without the incorporation of air. It
- (a) may contain
- (i) cocoa, chocolate syrup, fruits, nuts, confections or any combination of them; and
- (ii) fruit juice.
- (b) must not contain more than
- (i) 100,000 bacteria per gram; and
- (ii) 10 coliform organisms per gram.
49. Ice Milk is the food that contains not more than 25 g/L solids from milk fat and that meets the standard set out in section B.08.072 of the FDR.
Sherbet
50. Sherbet is the frozen food, other than ice cream, light ice cream, ice milk or frozen dairy dessert, that is made from a milk product and that meets the requirements set out in paragraph B.08.063(c) of the FDR. It may also contain the ingredients set out in paragraph B.08.063(b) of the FDR within any limits specified in that paragraph and permitted food additives as set out in the Lists of Permitted Food Additives published on Health Canada’s website as amended from time to time.