Milk Classes and Categories Regulations (Canada)

Milk Classes and Categories Regulations

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This consolidation is unofficial and is for reference only. For the official version of the regulations, consult the original documents on file with the Registry of Regulations, or refer to the Royal Gazette Part II.

Regulations are amended frequently. Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with our office that are not yet included in this consolidation.

Although every effort has been made to ensure the accuracy of this electronic version, the Registry of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting.

This electronic version is copyright © 2015, Province of Nova Scotia, all rights reserved.  It is for your personal use and may not be copied for the purposes of resale in this or any other form.

Milk Classes and Categories Regulations

made under clauses 8(d) and 9(r) of the

Dairy Industry Act

S.N.S. 2000, c. 24

N.S. Reg. 3/2006 (January 10, 2006, effective February 1, 2006)

as amended to N.S. Reg. 217/2015 (May 14, 2015, effective June 1, 2015)

Citation

1     These regulations may be cited as the Milk Classes and Categories Regulations.

Definitions

2     In these regulations,

“accountable loss” means a loss of milk volume and components that can be measured and justified to the Board, including dumps, fluid returns and dead vats, and “unaccountable losses” has the opposite meaning;

“Act” means the Dairy Industry Act;

“Canadian Dairy Commission” means the body created under the Canadian Dairy Commission Act (Canada);

“Canadian Milk Supply Management Committee” or “CMSMC” means the permanent body created by the provincial signatories to the National Milk Marketing Plan that is responsible for determining policy for the Plan;

“certified organic” in respect of milk means that it is produced by a producer who is certified as organic by an organic certification body recognized by the Council;

“cheddar-type cheese” means a cheese that is a firm or semi-soft, unripened unwashed curd cheese, with a minimum milk fat content of 25% and a maximum moisture content of 45%;

“concentrated milk” means milk that has had a part of its water content removed so that it has a higher concentration of all other components including butterfat, protein and other solids;

“enriched milk” means milk that has other natural components of milk added, including butterfat, protein and other solids;

“fluid milk” means any processed dairy product prepared for sale in liquid form;

“kosher” means a dairy product that is fit and proper for use in accordance with Jewish law;

“National Milk Marketing Plan” means the federal-provincial agreement that governs the supply management system for dairy in Canada;

“Special Milk Class Permit Program” means a program established by the Canadian Milk Supply Management Committee and run by the Canadian Dairy Commission;

“UHT” or “ultra high temperature” means milk that has been heated without appreciable change in volume to a temperature of not less than 135 °C for not less than two seconds or such temperature time relationship as may be required to ensure a bacteriological shelf life of at least four weeks in the package at a temperature of not less than 20 °C.

Section 2 amended: N.S. Reg. 218/2012.

Unaccountable losses

3     All unaccountable losses of milk in a plant must be prorated among the classes of milk used in the plant, including Classes (1), (2), (3), (4)(a), (4)(a1), (4)(b) and (4)(c), and in proportion to the volumes and components of each class used.

Classes of milk

4     All milk that is processed, labeled, distributed or sold in the Province must be categorized and processed, labeled, distributed or sold in the classes set out in the following table:

Class of Milk

Description of class

Class 1(a)

Milk and any of its components that are processed to produce milk or milk beverages for retail or food service, including milk used to produce any of the following products:

(a)  whole milk (homogenized);

(b)  partly skimmed;

(c)  skimmed;

(d)  flavoured;

(e)  treated for lactose intolerance;

(f)   with added vitamins or minerals;

(g)  eggnog;

(h)  cordial;

(i)   cultured milk;

(j)   concentrated milk to be reconstituted as fluid milk.

Class 1(b)

Milk and any of its components that are processed to produce cream with a butterfat content of 5% or more for retail or food service, other than cream in Class 1(b)(ii).

Class 1(b)(ii)

Milk and any of its components that are processed to produce fresh cream with a butterfat content of 32% or more used in fresh baked goods, if the Canadian Dairy Commission has issued a Class 1(b)(ii) permit.

Class 1(c)

Milk and any of its components that are processed to produce a new Class 1(a) or 1(b) product for retail or food service and that are approved by Dairy Farmers of Nova Scotia for an introductory period.

Class 1(d)

Milk and any of its components that are processed to produce a Class 1(a) or 1(b) product marketed outside of the provinces that have signed the National Milk Marketing Plan but within Canada.

Class 2(a)

Milk and any of its components that are processed to produce all types of yogurt, including yogurt beverages, kefir and lassi, but excluding frozen yogurt.

Class 2(b)

Milk and any of its components that are processed to produce

(a)    all types of ice cream and ice cream mix, whether frozen or not;

(b)   all other types of frozen dairy product, including frozen yogurt;

(c)    all types of sour cream;

(d)   all types of milkshake mix;

(e)    fudge, pudding, soup mix and Indian sweets.

Class 3(a)

Milk and any of its components that are processed to produce all cheeses other than Class 3(b), Class 3(c) and Class 3(d) cheeses.

Class 3(b)

Milk and any of its components that are processed to produce any of the following products:

(a)  cheddar cheese;

(b)  stirred cheese curd;

(c)  cream cheese;

(d)  creamy cheese bases or cheese mixes;

(e)  cheddar and cheddar-type cheese sold fresh.

Class 3(c)

Milk and any of its components that are processed to produce any of the following products:

(a)  all types of mozzarella cheese (including part-skim mozzarella, part-skim pizza mozzarella and pizza mozzarella) except when declared in Class 3(d);

(b)  asiago cheese;

(c)  brick cheese;

(d)  Canadian-style munster (muenster) cheese;

(e)  colby cheese;

(f)   farmer cheese;

(g)  feta cheese;

(h)  gouda cheese;

(i)   havarti cheese;

(j)   jack cheese;

(k)  monterey jack cheese;

(l)   parmesan cheese;

(m) swiss cheese.

Class 3(d)

Standardized mozzarella cheese to be used only on fresh pizzas by establishments registered with the Canadian Dairy Commission under terms and conditions approved by the CMSMC.

Class 4(a)

Milk and any of its components that are processed to produce any of the following products:

(a)  butter and butteroil;

(b)  all types of powder;

(c)  concentrated milk used as an ingredient in the food industry;

(d)  any product not included in another class.

Class 4(a)1

Milk and any of its components for the manufacture of rennet casein (dry or curd), milk protein concentrate (dry or liquid) or skim milk (dry or liquid) to be used in the manufacture of non-standardized final products in the processed cheese category or in weight or muscle gain formulations, meal replacement products, medical and sport recovery drinks and infant food formulations destined for retail sale.

Class 4(b)

Milk and any of its components that are processed to produce sweetened or unsweetened concentrated milk for retail sale.

Class 4(c)

Milk and any of its components that are processed to produce new dairy products for retail or food service, other than products in Class 1(c), and that are approved by [the] Dairy Farmers of Nova Scotia for an introductory period.

Class 4(d)

Milk and any of its components that are included in month-end inventories and accountable losses.

Class 4(m)

Milk and any of its components that are processed to produce dairy products for marginal markets as established by the CMSMC.

Class 5(a)

Milk and any of its components that are processed to produce cheese for further processing, if the Canadian Dairy Commission has issued a permit under the Special Milk Class Permit Program.

Class 5(b)

Milk and any of its components that are processed to produce dairy products, other than cheese, for further processing, if the Canadian Dairy Commission has issued a permit under the Special Milk Class Permit Program.

Class 5(c)

Milk and any of its components that are processed to produce dairy products, for use in the confectionery sector, if the Canadian Dairy Commission has issued a permit under the Special Milk Class Permit Program.

Class 5(d)

Milk and any of its components that are processed to produce dairy products that are exported, within the limits for subsidized exports set out in Canada’s Schedule to the World Trade Organization’s Agreement on Agriculture, if the Canadian Dairy Commission has issued a permit under the Special Milk Class Permit Program.

Section 4, Class 2 repealed: N.S. Reg. 218/2012.

Section 4, Class 2(a)-(b) added: N.S. Reg. 218/2012.

Section 4, Class 2(b) amended: N.S. Reg. 217/2015.

Section 4, Class 3(a) amended: N.S. Reg. 218/2012; N.S. Reg. 211/2013.

Section 4, Class 3(c) added: N.S. Reg. 218/2012; amended: N.S. Reg. 211/2013.

Section 4, Class 3(d) added: N.S. Reg. 211/2013.

Section 4, Class 2(e) and Class 4(a) 1 amended: N.S. Reg. 27/2011.

Categories of milk

5     All dairy products in Section 4 may also be categorized as certified organic, enriched, kosher, or UHT.

Designated fluid milk products

6     The following are designated as fluid milk products:

(a) products made from Class 1(a) milk;

(b) products made from Class 1(b) milk;

(c) products made from Class 1(b)(ii) milk;

(d) products made from Class 1(c) milk;

(e) products made from Class 1(d) milk.

Substitution of provisions

7     These regulations are made in substitution for subsections 3(4) to 3(15) of Schedule 8.

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Class of Milk	Description of class
Class 1(a)	Milk and any of its components that are processed to produce milk or milk beverages for retail or food service, including milk used to produce any of the following products: (a) whole milk (homogenized); (b) partly skimmed; (c) skimmed; (d) flavoured; (e) treated for lactose intolerance; (f) with added vitamins or minerals; (g) eggnog; (h) cordial; (i) cultured milk; (j) concentrated milk to be reconstituted as fluid milk.
Class 1(b)	Milk and any of its components that are processed to produce cream with a butterfat content of 5% or more for retail or food service, other than cream in Class 1(b)(ii).
Class 1(b)(ii)	Milk and any of its components that are processed to produce fresh cream with a butterfat content of 32% or more used in fresh baked goods, if the Canadian Dairy Commission has issued a Class 1(b)(ii) permit.
Class 1(c)	Milk and any of its components that are processed to produce a new Class 1(a) or 1(b) product for retail or food service and that are approved by Dairy Farmers of Nova Scotia for an introductory period.
Class 1(d)	Milk and any of its components that are processed to produce a Class 1(a) or 1(b) product marketed outside of the provinces that have signed the National Milk Marketing Plan but within Canada.
Class 2(a)	Milk and any of its components that are processed to produce all types of yogurt, including yogurt beverages, kefir and lassi, but excluding frozen yogurt.
Class 2(b)	Milk and any of its components that are processed to produce (a) all types of ice cream and ice cream mix, whether frozen or not; (b) all other types of frozen dairy product, including frozen yogurt; (c) all types of sour cream; (d) all types of milkshake mix; (e) fudge, pudding, soup mix and Indian sweets.
Class 3(a)	Milk and any of its components that are processed to produce all cheeses other than Class 3(b), Class 3(c) and Class 3(d) cheeses.
Class 3(b)	Milk and any of its components that are processed to produce any of the following products: (a) cheddar cheese; (b) stirred cheese curd; (c) cream cheese; (d) creamy cheese bases or cheese mixes; (e) cheddar and cheddar-type cheese sold fresh.
Class 3(c)	Milk and any of its components that are processed to produce any of the following products: (a) all types of mozzarella cheese (including part-skim mozzarella, part-skim pizza mozzarella and pizza mozzarella) except when declared in Class 3(d); (b) asiago cheese; (c) brick cheese; (d) Canadian-style munster (muenster) cheese; (e) colby cheese; (f) farmer cheese; (g) feta cheese; (h) gouda cheese; (i) havarti cheese; (j) jack cheese; (k) monterey jack cheese; (l) parmesan cheese; (m) swiss cheese.
Class 3(d)	Standardized mozzarella cheese to be used only on fresh pizzas by establishments registered with the Canadian Dairy Commission under terms and conditions approved by the CMSMC.
Class 4(a)	Milk and any of its components that are processed to produce any of the following products: (a) butter and butteroil; (b) all types of powder; (c) concentrated milk used as an ingredient in the food industry; (d) any product not included in another class.
Class 4(a)1	Milk and any of its components for the manufacture of rennet casein (dry or curd), milk protein concentrate (dry or liquid) or skim milk (dry or liquid) to be used in the manufacture of non-standardized final products in the processed cheese category or in weight or muscle gain formulations, meal replacement products, medical and sport recovery drinks and infant food formulations destined for retail sale.
Class 4(b)	Milk and any of its components that are processed to produce sweetened or unsweetened concentrated milk for retail sale.
Class 4(c)	Milk and any of its components that are processed to produce new dairy products for retail or food service, other than products in Class 1(c), and that are approved by [the] Dairy Farmers of Nova Scotia for an introductory period.
Class 4(d)	Milk and any of its components that are included in month-end inventories and accountable losses.
Class 4(m)	Milk and any of its components that are processed to produce dairy products for marginal markets as established by the CMSMC.
Class 5(a)	Milk and any of its components that are processed to produce cheese for further processing, if the Canadian Dairy Commission has issued a permit under the Special Milk Class Permit Program.
Class 5(b)	Milk and any of its components that are processed to produce dairy products, other than cheese, for further processing, if the Canadian Dairy Commission has issued a permit under the Special Milk Class Permit Program.
Class 5(c)	Milk and any of its components that are processed to produce dairy products, for use in the confectionery sector, if the Canadian Dairy Commission has issued a permit under the Special Milk Class Permit Program.
Class 5(d)	Milk and any of its components that are processed to produce dairy products that are exported, within the limits for subsidized exports set out in Canada’s Schedule to the World Trade Organization’s Agreement on Agriculture, if the Canadian Dairy Commission has issued a permit under the Special Milk Class Permit Program.