Milk Classes and Categories Regulations

Link to law: https://www.novascotia.ca/just/regulations/regs/dimilkcc.htm

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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 bemeasured and justified to the Board, including dumps, fluid returns and deadvats, and “unaccountable losses” has the opposite meaning;

 

“Act” means the Dairy Industry Act;

 

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

 

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

 

“certified organic” in respect of milk means that it is produced by a producerwho is certified as organic by an organic certification body recognized by theCouncil;

 

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

 

“concentrated milk” means milk that has had a part of its water contentremoved so that it has a higher concentration of all other components includingbutterfat, 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 liquidform;

 

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

 

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

 

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

 

“UHT” or “ultra high temperature” means milk that has been heated withoutappreciable change in volume to a temperature of not less than 135 °C for notless than two seconds or such temperature time relationship as may be requiredto ensure a bacteriological shelf life of at least four weeks in the package at atemperature 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 milkused in the plant, including Classes (1), (2), (3), (4)(a), (4)(a1), (4)(b) and (4)(c), and inproportion 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 categorizedand processed, labeled, distributed or sold in the classes set out in the following table:

Class ofMilk

Description of class

Class 1(a)

Milk and any of its components that are processed to produce milk ormilk beverages for retail or food service, including milk used toproduce 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 creamwith a butterfat content of 5% or more for retail or food service, otherthan cream in Class 1(b)(ii).

Class 1(b)(ii)

Milk and any of its components that are processed to produce freshcream with a butterfat content of 32% or more used in fresh bakedgoods, 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 newClass 1(a) or 1(b) product for retail or food service and that areapproved 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 Class1(a) or 1(b) product marketed outside of the provinces that have signedthe National Milk Marketing Plan but within Canada.

Class 2(a)

Milk and any of its components that are processed to produce all typesof yogurt, including yogurt beverages, kefir and lassi, but excludingfrozen 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 allcheeses 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 ofthe 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 ofthe following products:

 

(a)  all types of mozzarella cheese (including part-skim mozzarella,part-skim pizza mozzarella and pizza mozzarella) except whendeclared 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 byestablishments registered with the Canadian Dairy Commission underterms and conditions approved by the CMSMC.

Class 4(a)

Milk and any of its components that are processed to produce any ofthe 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 (dryor liquid) to be used in the manufacture of non-standardized finalproducts in the processed cheese category or in weight or muscle gainformulations, meal replacement products, medical and sport recoverydrinks and infant food formulations destined for retail sale.

Class 4(b)

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

Class 4(c)

Milk and any of its components that are processed to produce newdairy products for retail or food service, other than products in Class1(c), and that are approved by [the] Dairy Farmers of Nova Scotia foran introductory period.

Class 4(d)

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

Class 4(m)

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

Class 5(a)

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

Class 5(b)

Milk and any of its components that are processed to produce dairyproducts, other than cheese, for further processing, if the CanadianDairy Commission has issued a permit under the Special Milk ClassPermit Program.

Class 5(c)

Milk and any of its components that are processed to produce dairyproducts, for use in the confectionery sector, if the Canadian DairyCommission has issued a permit under the Special Milk Class PermitProgram.

Class 5(d)

Milk and any of its components that are processed to produce dairyproducts that are exported, within the limits for subsidized exports setout in Canada’s Schedule to the World Trade Organization’sAgreement on Agriculture, if the Canadian Dairy Commission hasissued 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.