Dairy Regulation

Dairy Regulation, M.R. 203/87 R The Dairy Act , C.C.S.M. c. D10 Regulation 203/87 R Registered May 29, 1987 bilingual version (HTML) Table of Contents Section 1 Definitions PARTS I to V [Repealed] 2-49.1 Repealed PART VI [Repealed] 50-57.3 Repealed 57.4 Exemption of certain dairy plants from licensing PART VII GRADES AND COMPOSITIONALSTANDARDS OF DAIRY PRODUCTS 58-74 Grades and compositional standards of dairy products 74.1 Compliance with compositional standards 74.2 Labelling and packaging restrictions PART VII.1 PERMITTED CONTAINER SIZESFOR SALE OF BOVINE MILK 74.3 Definitions 74.4 Application 74.5 Permitted container sizes for retail sale of bovine milk 74.6 Permitted container sizes for wholesale of bovine milk 74.7 Non-application of section 74.6 to milk packaged or wholesaled for export PARTS VIII to X [Repealed] 75-134 Repealed PART XI [Repealed] 135 Repealed 135.1 Required milk fat and solids content 136-144 Repealed PARTS XII and XIII [Repealed] 145-147 Repealed Definitions 1(1) In this regulation, " Canada Dairy Products Regulations " means the regulations made and established by the Governor General in Council under the Canada Agriculture Products Standards Act by Order-in-Council PC 1979--3088 on November 15, 1979, including the amendments thereto; («  Règlement sur les produits laitiers (Canada) ») "fluid milk" means milk with a butterfat content not exceeding 8% of the volume thereof, whether or not it is processed by the addition thereto or the subtraction therefrom of any substance, and sold by a distributor or a producer to a consumer for consumption as milk; (« lait de consommation ») "milk fat" means the fat of cows, or goats' milk that has (a) a specific gravity of not less than 0.905 at a temperature of 40°C, (b) a tocopherol content not greater than 50 micrograms per gram as determined by the official method prescribed by the Food and Drugs Act and regulations thereunder, (c) a Reichert-Meissl number not less than 24, and (d) subject to subsection (2), a Polenske number not exceeding 10% of the Reichert-Meissl number; (« matière grasse du lait ») "reasonable daily intake" means the food intake defined by the Food and Drugs Act (Canada) and Regulations thereunder; (« ration quotidienne raisonnable ») 1(2) In interpreting and applying the definitions of "milk fat" in subsection (1), the Polenske number shall not exceed 3.5 and where the tocopherol content is greater than 50 micrograms per gram or the Polenske number exceeds 10% of the Reichert-Meissl number there shall be deemed to have been an addition to the milk fat, a fat other than that of milk from cows or goats. 1(3) and (4) [Repealed] M.R. 137/2015 M.R. 21/89; 167/98; 137/2015 PART I 2 to 10 [Repealed] M.R. 137/2015 PART II 11 to 22 [Repealed] M.R. 137/2015 PART III 23 to 31 [Repealed] M.R. 21/89; 137/2015 PART IV 32 to 43 [Repealed] M.R. 137/2015 PART V 44 to 49.1 [Repealed] M.R. 167/98; 137/2015 PART VI 50 to 57.3 [Repealed] M.R. 167/98; 137/2015 Exemption of certain dairy plants from licensing 57.4 A person operating a dairy plant is exempt from the application of subsection 2(1) (requirement to be licensed) of The Dairy Act if sanitation and food safety in the dairy plant are regulated (a) by the federal government or an agency of the federal government; (b) by a municipality; or (c) under another Act. M.R. 137/2015 PART VII GRADES AND COMPOSITIONAL STANDARDS OF DAIRY PRODUCTS 58 Cheese and cheese products shall meet those composition standards as set out in the Dairy Products Regulations of the Canada Agricultural Products Standards Act . 59 Butter and butter products shall meet those composition standards as set out in the Dairy Products Regulations of the Canada Agricultural Products Standards Act . 60 Frozen dairy products shall meet those composition standards as set out in the Dairy Products Regulations of the Canada Agricultural Products Standards Act . 61 Condensed milk products shall meet those composition standards as set out in the Dairy Products Regulations of the Canada Agricultural Products Standards Act . 62 Dry milk products shall meet those composition standards as set out in the Dairy Products Regulations of the Canada Agricultural Products Standards Act . 63 Standard milk shall contain (a) not less than 8.25% by weight of milk solids not fat; (b) not less than 3.25% and not more than 3.9% by weight of milk fat; and (c) shall contain added Vitamin D in such an amount that a reasonable daily intake of the milk contains not less than 300 I.U. and not more than 400 I.U. of Vitamin D. 64 Partly skimmed milk or partially skimmed milk (a) shall be milk which contains not less than 0.5% and not more than 3.24% of milk fat; (b) shall contain not less than 8.25% of milk solids other than milk fat; and (c) shall contain (i) added Vitamin A in such an amount that a reasonable daily intake of the milk contains not less than 1200 I.U. and not more than 2500 I.U. of Vitamin A, and (ii) Vitamin D in such an amount that a reasonable daily intake of milk contains not less than 300 I.U. and not more than 400 I.U. of Vitamin D. 65 Skim milk (a) shall be milk that contains not more than 0.5% milk fat; (b) shall contain not less than 8.25% of milk solids other than milk fat; and (c) shall contain (i) added Vitamin A in such an amount that a reasonable daily intake of the milk contains not less than 1200 I.U. and not more than 2500 I.U. of Vitamin A, and (ii) Vitamin D in such an amount that a reasonable daily intake of milk contains not less than 300 I.U. and not more than 400 I.U. of Vitamin D. 66 Special milk (a) shall contain not less than 4% and not more than 9.9% of milk fat; (b) shall contain not less than 8.25% of milk solids other than milk fat; and (c) shall contain added Vitamin D in such an amount that a reasonable daily intake of milk contains not less than 300 I.U. and not more than 400 I.U. of Vitamin D. 67 Ultra High Temperature Dairy Products (a) shall be dairy products that have been heated to eliminate all vegetative organisms and pathogenic sporeformers therefrom; (b) shall be aseptically packaged in hermetically sealed containers; (c) shall meet compositional standards as set down in those regulations for the particular dairy product that is to receive the ultra high temperature heat treatment; and (d) shall contain no H 2 O 2 residues. 68 Flavoured milk (a) shall contain not less then 3.25% milk fat; (b) shall contain a flavour; (c) shall contain a sweetening agent; (d) may contain an approved food colour, stabilizing agent and salt; and (e) shall contain Vitamin D in such an amount that a reasonable daily intake of milk contains not less than 300 I.U. and not more than 400 I.U. of Vitamin D. 69 Flavoured dairy drink (a) shall contain not less than 2% and not more than 3.25% of milk fat; (b) shall contain a flavour; (c) shall contain a sweetening agent; (d) may contain an approved food colour, stabilizing agent and salt; and (e) shall contain (i) added Vitamin A in such an amount that a reasonable daily intake of the milk contains not less than 1200 I.U. and not more than 2500 I.U. of Vitamin A, and (ii) Vitamin D in such an amount that a reasonable daily intake of milk contains not less than 300 I.U. and not more than 400 I.U. of Vitamin D. 70 Processed cream shall be cream that is pasteurized and contains not less than 10% nor more than 40% of milk fat. The container label must indicate the minimum per centum of milk fat present. 71 Buttermilk shall be milk to which has been added a lactic bacterial culture, and (a) shall have a titratable acidity of at least .70%; (b) shall contain not more than 2% of milk fat; (c) may contain common salt. 72 Yogurt shall be the fermented slightly acid semi-fluid milk food made from partially skimmed milk and milk solids to which cultures of Lactobaccilus acidophilus or Lactobacillus bulcaricus and Streptococcus thermophilus have been added. The product (a) shall contain not more than 5% milk fat; (b) not less than 9.5% non-fat solids; (c) not less than 0.8% titratable acidity; (d) may contain approved (i) stabilizers, (ii) emulsifiers, (iii) thickening agents, (iv) sweetening agents, (v) flavours, (vi) colours, (vii) permitted preservatives. 73 Egg Nog is the dairy product that shall contain (a) egg yolks; (b) milk; (c) cream; (d) not less than 5% by weight of milk fat; (e) not less than 30% by weight of total solids; (f) not more than one-half of 1% by weight of an approved stabilizer; (g) may contain (i) a sweetening agent, (ii) milk powder, (iii) permitted flavouring agents, (iv) spices, (v) permitted colours. 74 Sterilized milk (a) shall be milk that has been heated without concentration or appreciable loss of volume to a temperature and time sufficient to kill all the organisms present; (b) shall be delivered to the consumer in hermetically sealed containers; (c) shall contain not less than (i) 11.75% milk solids, and (ii) 3.25% 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. Compliance with compositional standards 74.1(1) No person shall manufacture, sell, offer for sale or possess for the purpose of sale a dairy product described in any of sections 58 to 62, 67, 69, 72 and 73 that does not comply with the compositional standards applicable to the dairy product as prescribed by the section describing it. 74.1(2) No person shall manufacture, sell, offer for sale or possess for the purpose of sale milk of a type described in any of sections 63 to 66, 68, 70, 71 and 74 that does not comply with the compositional standards applicable to the type of milk as prescribed by the section describing it. 74.1(3) This section does not apply to milk and other dairy products (a) that are manufactured to be exported from Manitoba; (b) that are sold to persons outside Manitoba; or (c) that are offered for sale, or possessed for sale, only to persons outside Manitoba. M.R. 29/2016 Labelling and packaging restrictions 74.2(1) No person shall, in any advertisement of — or on the package containing — milk or another dairy product, make use of a term used in any of sections 58 to 74 to describe a type of milk or another dairy product unless the advertised or packaged milk or other dairy product complies with the compositional standards applicable to it as prescribed by the section containing the term. 74.2(2) This section does not apply to milk or another dairy product if subsection 74.1(3) exempts it from the application of section 74.1. M.R. 29/2016 PART VII.1 PERMITTED CONTAINER SIZES FOR SALE OF BOVINE MILK Definitions 74.3 The following definitions apply in this Part. "bovine milk" means milk from a bovine dairy animal in liquid form. (« lait de vache ») "retail sale" means a sale of bovine milk to a purchaser in Manitoba for the purchaser's use or consumption rather than resale. (« vente au détail ») "sterilized milk" means milk that complies with section 74. (« lait stérilisé ») "UHT milk" means milk that has been (a) heated at a temperature and for a time sufficient to render harmless all vegetative organisms and spores formed by pathogenic bacteria; and (b) aseptically packaged in a hermetically sealed container. (« lait UHT ») "wholesale" means a sale of bovine milk to a purchaser for the purchaser to resell it or to use it as part of a food-service enterprise or in manufacturing food for sale. (« vente en gros ») M.R. 29/2016 ; 169/2017 Application 74.4 This Part applies to milk that (a) complies with section 63, 64 or 65; (b) except as required by those sections, is composed solely of bovine milk; and (c) is neither sterilized milk nor UHT milk. M.R. 29/2016 ; 169/2017 Permitted container sizes for retail sale of bovine milk 74.5(1) A person must not sell bovine milk in a retail sale in Manitoba in a container having a capacity that is other than (a) 500 mL or smaller; (b) one litre; (c) two litres; or (d) four litres. 74.5(2) A person must not display or advertise bovine milk for retail sale in Manitoba in a container having a capacity other than a capacity set out in subsection (1). 74.5(3) A person must not possess bovine milk for retail sale in Manitoba in a container having a capacity other than a capacity set out in subsection (1). M.R. 29/2016 Permitted container sizes for wholesale of bovine milk 74.6 A person must not package or wholesale bovine milk in Manitoba (a) in a container having a capacity other than a capacity set out in subsection 74.5(1) if the container is one in which the milk may be resold in a retail sale; or (b) in any other case, in a container having a capacity other than (i) a capacity set out in subsection 74.5(1), (ii) 10 litres, or (iii) 20 litres. M.R. 29/2016 Non-application of section 74.6 to milk packaged or wholesaled for export 74.7 Section 74.6 does not apply to bovine milk that is to be exported from Manitoba. M.R. 29/2016 PART VIII 75 [Repealed] M.R. 137/2015 PART IX 76 to 87 [Repealed] M.R. 21/89; 137/2015 PART X 88 to 134 [Repealed] M.R. 21/89; 44/2011 ; 137/2015 PART XI 135 [Repealed] M.R. 137/2015 135.1(1) Unless it is sold or offered for sale as skim milk, partly skimmed milk, or modified partly skimmed milk, no person shall sell or offer for sale milk for human consumption containing less than (a) 8 1/4% of solids, not fat; and (b) 3 1/4% of butter-fat. M.R. 167/98 135.1(2) No person shall sell or offer for sale skim milk, partly skimmed milk, or modified partly skimmed milk for human consumption containing less than 8 1/4% of solids, not fat. M.R. 167/98 135.1(3) to (5) [Repealed] M.R. 137/2015 M.R. 167/98; 137/2015 136 to 144 [Repealed] M.R. 137/2015 PART XII 145 and 146 [Repealed] M.R. 167/98; 137/2015 PART XIII 147 [Repealed] M.R. 104/89; 50/98; 167/98; 137/2015