Use of partly (partially) skimmed milk from the butter making process in skim milk powder production

Questions

  1. 1) If a small proportion of the partly (partially) skimmed milk from the butter making process is used in the production of skim milk powder, does the resulting product meet the definition of skim milk powder in volume 7 of the Canadian Food Compositional Standards (CFCS) document?
  2. 2) How does the label of the resulting skim milk powder list this partly skimmed milk in the list of ingredients?

Background

The partly (partially) skimmed milk produced during the butter making process refers to the liquid fraction which is removed in the first stream in the continuous churn. Industry currently combines this partially skimmed milk from the butter making operation with skim milk. The resulting standardized skim milk is then processed into skim milk powder.

Regulatory requirements

The standard for skim milk powder in the Canadian Food Compositional Standards (CFCS) document states:

7.1.11 Skim Milk Powder or Dry Skim Milk is dried skim milk and contains not less than 95% milk solids.

In addition, section B.08.006 of the FDR states:

  • B.08.006 No person shall sell skim milk powder for which a standard is set out in Volume 7 of the CFCS document unless it contains
    1. (a) despite sections D.01.009 and D.01.010, vitamin A in such an amount that a reasonable daily intake of the dairy product contains at least 1,200 I.U. and not more than 2,500 I.U. of vitamin A; and
    2. (b) despite sections D.01.009 to D.01.011, 2 μg of vitamin D per 100 mL when reconstituted according to directions for use.

The standard for skim milk powder in the CFCS document, in conjunction with section B.08.006 of the FDR, only state requirements for total fat and vitamin A and D levels. There are no maximum or minimum values for protein, ash, or requirements for fatty acid composition.

7.1.2 Skim Milk is milk that contains not more than 0.3% milk fat.

The standard for partly (partially) skimmed milk in the CFCS document states:

7.1.3 Partly Skimmed Milk or Partially Skimmed Milk is 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.

Section B.08.005 of the FDR states:

  • B.08.005 (1) No person shall sell a food referred to in subsection (2) unless it contains
    1. (a) despite sections D.01.009 and D.01.010, vitamin A in such an amount that a reasonable daily intake of the food contains at least 1,200 I.U. and not more than 2,500 I.U. of vitamin A; and
    2. (b) despite sections D.01.009 to D.01.011, 2 μg of vitamin D per 100 mL.
  • (2) The foods to which subsection (1) applies are the following dairy products for which a standard is set out in Volume 7 of the CFCS document:
    1. (a) skim milk;
    2. (b) partly skimmed milk;
    3. (c) (naming the flavour) skim milk;
    4. (d) (naming the flavour) partly skimmed milk;
    5. (e) skim milk with added milk solids;
    6. (f) partly skimmed milk with added milk solids;
    7. (g) (naming the flavour) skim milk with added milk solids; and
    8. (h) (naming the flavour) partly skimmed milk with added milk solids.

The Codex standard for milk powders (CXS 207-1999) does have defined protein levels for skimmed milk powder at a minimum of 34% m/m milk protein in milk solids-not-fat (not including water of crystallization of the lactose).

Decisions

  1. 1) Based on the definition of skim milk, as long as the fat level of the combined skim milk and partly (partially) skimmed milk results in a fluid product of not more than 0.3% milk fat, partly (partially) skimmed milk from the butter making process can be combined with skim milk for the production of skim milk powder. It is recognized that this practice is self-limiting based on the compositional standards for fat content in skim milk.

    The skim milk powder must meet the requirements prescribed in section 7.1.11 of the CFCS document, as specified in section 8 of the Canadian Standards of Identity, Volume 1 – Dairy Products, meet the requirements of B.08.006 of the FDR and also meet the protein requirements of the Codex standard (CXS 207-1999).

  2. 2) The skim milk powder is not required to be labelled with a list of ingredients including this partly (partially) skimmed milk from butter making because it is a pre-component of the liquid skim milk which is to be dried.

    (This page was amended from a record of decision signed February 15th, 2006, by the Agency.)

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