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Imitation Dairy Products Regulations
made under Section 7 of the
Imitation Dairy Products Act
R.S.N.S. 1989, c. 216
O.I.C. 69-735 (July 22, 1969), N.S. Reg. 32/69
as amended to O.I.C. 1998-593 (Nov. 17, 1998), N.S. Reg. 88/98
[Note: Effective December 3, 1998, clause 7(d) of the Imitation Dairy Products Act, which enabled the Governor in Council to make regulations respecting licensing, was repealed by Section 43 of the Business Efficiency (1998) Act, S.N.S. 1998, c. 8.]
1 The following products and classes of products are designated as imitation dairy products:
(a) milk and products of milk in which part or all of the fat is replaced with a fat or oil other than that of milk;
(b) synthetic milk;
(c) synthetic ice cream.
2 (1) The following imitation dairy products and classes of imitation dairy products may be manufactured within the Province provided the person who manufactures them is the holder of a license issued under these regulations:
(a) Coffee-Prime
(b) Farmers Fifty-Fifty
(c) Twenty-Eighty
(d) Farmers Soft Spread
(e) Mutter
(f) Maritime Brand 4-2-1 Spread
Clause 2(1)(b) added: O.I.C. 72-849, N.S. Reg. 57/72.
Clause 2(1)(c) added: O.I.C. 73-239, N.S. Reg. 25/73.
Clause 2(1)(d) added: O.I.C. 74-1322, N.S. Reg. 102/74.
Clause 2(1)(e) added: O.I.C. 78-154, N.S. Reg. 37/78.
Clause 2(1)(f) added: O.I.C. 80-321, N.S. Reg. 42/80.
(2) The following imitation dairy products and classes of imitation dairy products may be sold in the Province without a license:
(a) Coffee Charm
(b) Coffee Mate
(c) Coffee Rich
(d) I.G.A. Coffee Charmer
(e) Richmello Coffee Charmer
(f) Dream Whip
(g) Lucky Whip
(h) Monarch Dessert Topping
(i) Quick Whip
(j) Rich’s Whip Topping Base
(k) Sundri-Whip
(l) Whip Topping
(m) Nutrifil
(n) Coffee-Prime
(o) Farmers Fifty-Fifty
(p) Farmers Twenty-Eighty
(q) Farmers Soft Spread
(r) Mutter
(s) Maritime Brand 4-2-1 Spread
(t) Mama Rosa’s and Gilardi Pizza products with blended topping ingredient.
Clause 2(2)(o) added: O.I.C. 72-849, N.S. Reg. 57/72.
Clause 2(2)(p) added: O.I.C. 73-239, N.S. Reg. 25/73.
Clause 2(2)(q) added: O.I.C. 74-1322, N.S. Reg. 102/74.
Clause 2(2)(r) added: O.I.C. 78-154, N.S. Reg. 37/78.
Clause 2(2)(s) added: O.I.C. 80-321, N.S. Reg. 42/80.
Clause 2(2)(t) added: O.I.C. 1998-593, N.S. Reg. 88/98.
3 Every application to manufacture an imitation dairy product shall be in Form “A” of the Schedule hereto or to like effect.
4 The Minister, if satisfied that the premises upon which it is proposed to manufacture an imitation dairy product are of suitable construction and that they are equipped with adequate sanitary facilities and equipment, and which construction, facilities and equipment shall be the minimum standard required by regulations made under the Public Health Act for pasteurization plants, will issue a license in Form “B” of the Schedule hereto, or to like effect.
[Note: Effective May 19, 1977, the name of the Public Health Act is changed to the Health Act by S.N.S. 1977, c. 2, s. 11.]
[Note: Effective November 1, 2005, the referenced regulations are continued under the Health Protection Act, S.N.S. 2004, c. 4, which repeals Part I of the Health Act.]
5 The fee for a license to manufacture an imitation dairy product or products is $5.00 and shall accompany the application.
6 A license expires the 31st day of December of the year for which it is issued.
7 Licenses are not transferable.
8 The Minister may
(a) vary or amend a license;
(b) suspend, or cancel a license for any violation of the Act or regulations.
Advertising & labelling
9 No person shall make an untrue claim by word or design in respect of an imitation dairy product in an advertisement or on the label of a container.
10 (1) No advertisement respecting an imitation dairy product and no label on a container of an imitation dairy product shall
(a) state or imply that the imitation dairy product has a relation to any dairy product;
(b) use a dairy term or expression; or
(c) depict a dairy scene.
(2) Every container of an imitation dairy product shall have legibly displayed thereon the name of the manufacturer and a list of the ingredients.
(3) No person shall display for sale at retail an imitation dairy product in a manner that implies the imitation dairy product has a relation to any dairy product.
Records
11 (1) Every manufacturer of an imitation dairy product shall keep records showing
(a) the ingredients and the amounts thereof used in the manufacture of the imitation dairy product;
(b) the quantities of the imitation dairy product that he has manufactured, and sold.
(2) Every manufacturer shall maintain the records made under subsection (1) of Section 11 for a period of not less than twelve months.
[Note: Effective February 24, 2006, the references to the Department of Agriculture and Marketing and Minister of Agriculture and Marketing in Forms “A” and “B” should be read as references to the Department of Agriculture and Minister of Agriculture in accordance with Order in Council 2006-121 under the Public Service Act, R.S.N.S. 1989, c. 376.]
Schedule
Form “A”
the Imitation Dairy Products Act
Application for License to Manufacture Imitation Dairy Products
TO: Provincial Dairy Superintendent
Department of Agriculture & Marketing
Truro, Nova Scotia
(Name of Applicant)
(Address)
applies for a license to manufacture imitation diary products under the Imitation Dairy Products Act and Regulations and submits the following information:
1. Name of manufacturing plant
2. Address
3. Name or trade name of each imitation dairy product
4. Ingredients of each imitation dairy product
FEE
(Signature of Applicant)
Form “B”
the Imitation Dairy Products Act
Year No.
Manufacturer’s License
Under the Imitation Dairy Products Act and Regulations and subject to the limitations thereof, this license is issued to
(Name)
(Address)
to manufacture imitation dairy products permitted by regulation as follows:
This license expires with the 31st day of December, 19___
Issued at Halifax, this _______ day of ___________, 19___
__________________________________
Minister of Agriculture [and Marketing]