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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 (effective February 1, 2006)

amended to N.S. Reg. 31/2021 (effective February 1, 2021)



Table of Contents


Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations.

 

Citation

Definitions

Unaccountable losses

Classes of milk

Categories of milk

Designated fluid milk products

Substitution of provisions


 


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 body created by 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;

 

“New 1(a) and 1(b) products” means Subclass 1(a) and 1(b) products approved under the P5 1(c)/4(c) Program;

 

“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.

 

“P5 1(c)/4(c) Program” means the P5 Supervisory Body policy respecting innovative products;

 

“P5 Supervisory Body” means the body created under the Agreement on Eastern Canadian Milk Pooling.


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(b) and 4(c), and in proportion to the volumes and components of each class used.


Classes of milk

4     (1)    All milk used to process dairy products must be declared in its final end use subclass as set out in the following table:


Class

Subclass

Products

1

1(a)1

All milk and milk beverages, except those defined in Subclass 1(a)2 and Subclass 1(a)3, made of partly skimmed or skimmed milk, whether treated or not for lactose intolerance, flavoured or not, with or without vitamins or minerals added, cultured milk for retail sale or the food services sector

1(a)2

Eggnog and all types of dairy beverages constituted of mixtures of fresh milk and fruit and vegetable juices and other products, with a dairy content exceeding 50 percent by weight and a dairy protein content of less than 75 percent of the dairy protein contained in an equal volume of Subclass 1(a)1 milk with the same butterfat content

1(a)3

Fortified (dairy protein content exceeding that of an equal volume of fresh milk product with the same butterfat content) Subclass 1(a) products

1(b)

All types of cream with a minimum butterfat content of 5% for retail and food service

1(c)

New 1(a) and 1(b) products for retail and food service approved by the provincial authorities during an introductory period

1(d)

1(a) and 1(b) products marketed outside the ten signatory provinces of the National Milk Marketing Plan, but within the Canadian boundaries (e.g.: Yukon, NWT, Nunavut & cruise ships)

Class

Subclass

Products

2

2(a)

All types of yogurt including yogurt beverages, Kefir and Lassi, excluding frozen yogurt

2(b)1

Milkshakes for retail sale that are complying with the federal standard for milkshake mixes with a fresh milk content of 85% or more on a volume basis; crème fraîche, all types of fudge, pudding, and Indian sweets

2(b)2

Milkshakes for retail sale with a fresh milk content of less than 85% on a volume basis that are in compliance with the federal product standard for milkshake mixes; also includes product variations with a fresh milk content of less than 85% on a volume basis that meet the federal product standards for milkshake mixes except for the minimum butterfat content of 3%

2(b)3

Sports/Nutrition Drinks with a minimum Protein Content 2X greater [than] that of fluid milk products with the same butterfat content (skim milk products = 35 g of protein per liter [litre])

2(b)4

Fresh Dairy Desserts (i.e.: at least 75% fresh milk content, final product shelf life requires refrigeration); Sour cream

2(b)5

All types of ice cream, ice cream mix, whether frozen or not; Other frozen dairy products including frozen yogurts, frozen desserts, and milkshake mixes not for retail sale

Class

Subclass

Products

3

3(a)1

Cheese with a minimum casein content of 95% derived from fluid milks not referred to elsewhere

3(a)2

Cheese curds, skim milk cheese, ricotta and all other cheeses not referred to elsewhere

3(b)1

Aged Cheddar (9 months and more as per Federal Dairy Product Standards)

3(b)2

Cheddar, cheddar-type cheeses sold fresh (Cheddar-type cheese: A cheese of descriptive nomenclature will be recognized as a cheddar-type cheese for the purpose of classification if it 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%)


Stirred curd, cream cheese, and cream cheese bases or cheese mixes, other than creamy cheese bases or cheese mixes used to process products referred to in another class


Any product not referred to in Subclass 3(a)1, 3(a)2, 3(b)1, 3(c)1, 3(c)2, 3(c)3, 3(c)4, 3(c)5, 3(c)6 and 3(d) made by coagulating milk, coagulating milk products, or coagulating both milk and milk products with the aid of bacteria to form a curd; excludes rennet casein curd

3(c)1

Feta

3(c)2

Asiago, Gouda, Havarti, Parmesan, Swiss

3(c)3

Munster (Muenster) Canadian-style, part skim pizza cheese, pizza cheese

3(c)4

Brick, Colby, Farmer’s, Jack, Monterey Jack, all types of Mozzarella other than Pizza Mozzarella and Part Skim Pizza Mozzarella and Mozzarella falling within Subclass 3(d)

3(c)5

Pizza Mozzarella and Part Skim Pizza Mozzarella not described in Subclass 3(d)

3(c)6

Paneer

3(d)

Standardized Mozzarella cheeses to be used strictly on fresh pizzas by establishments registered with the CDC under terms and conditions approved by the CMSMC

Class

Subclass

Products

4

4(a)

Butter and butteroil


Concentrated milk as an ingredient in the food industry


Concentrated milk protein in liquid and dry forms at a concentration of at least 40% on a dry matter basis (Liquid milk protein concentrate transactions are allowed in Subclass 4(a) only for transactions between milk buyers for utilization in Canada. Transactions to non-milk buyer dairy will be done at Subclass 2(b)1 for Subclass 2 products, Subclass 3(b)1 for Subclass 3 products, and Subclass 4(b)2 for Class 4 products[)]


All types of powders (including but not limited to whole milk powder, skim milk powder, yogurt powder, sour cream powder, edible casein powders)


Milk and milk components used to make infant formula


Rennet casein (dry or curd) used in the manufacture of non-standardized final products in the processed cheese category (as per the procedure defined in the National Audit Standards

4(b)1

Concentrated milk for Retail, whether sweetened or not


Losses (i.e. explained losses: dumps, dead vats, etc. as approved by milk boards)

4(b)2

All other products not elsewhere stated

4(c)

New industrial products approved by provincial authorities for an introductory period

4(d)

Inventories and returns (fluid returns for products declared in 1(a)1 only)

4(m)

Milk components for animal feed

Class

Subclass

Products for further processing

5

5(a)

Cheese used as ingredient in further processing in Canada

5(b)

All other dairy products used as ingredients in further processing in Canada

5(c)

Dairy products used as ingredients in the Canadian confectionery sector (skim milk powder (SMP) and milk protein concentrate (MPC) are not eligible to class 5(c))

 

       (1A) All milk used to process dairy products defined in Subclass 4(a) that is subsequently used as an ingredient to process another dairy product in Classes 1-3 or Subclass 4(b) must be reclassified under their end use in clause (a).


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     Products designated as Class 1 under Section 4 are designated as fluid milk products.


Substitution of provisions

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



 

 


Legislative History
Reference Tables

Milk Classes and Categories Regulations

N.S. Reg. 3/2006

Dairy Industry Act

Note: The information in these tables does not form part of the regulations and is compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Milk Classes and Categories Regulations made under the Dairy Industry Act includes all of the following regulations:

N.S.
Regulation

In force
date*

How in force

Royal Gazette
Part II Issue

3/2006

Feb 1, 2006

date specified

Feb 3, 2006

74/2010

May 11, 2010

date specified

Jun 4, 2010

27/2011

Feb 9, 2011

date specified

Feb 25, 2011

218/2012

Jan 1, 2013

date specified

Dec 14, 2012

211/2013

Jun 1, 2013

date specified

Jun 14, 2013

217/2015

Jun 1, 2015

date specified

Jun 12, 2015

175/2016

Nov 1, 2016

date specified

Sep 30, 2016

12/2017

Feb 1, 2017

date specified

Feb 17, 2017

180/2017

Dec 15, 2017

date specified

Jan 5, 2018

215/2018

Jan 1, 2019

date specified

Dec 21, 2018

66/2020

Apr 24, 2020

date specified

May 8, 2020

85/2020

Jun 1, 2020

date specified

Jun 19, 2020

31/2021

Feb 1, 2021

date specified

Feb 12, 2021

The following regulations are not yet in force and are not included in the current consolidation:

N.S.
Regulation

In force
date*

How in force

Royal Gazette
Part II Issue

 

 

 

 

 

 

 

 

 

 

 

 

*See subsection 3(6) of the Regulations Act for rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep.=repealed

rs. = repealed and substituted

Provision affected

How affected

2........................................................

am. 218/2012 (clause lettering removed)

2, defn. of “Act”...........................

am. 218/2012

2, defn. of “Canadian Milk Supply Management Committee” or “CMSMC”..................................

rs. 85/2020

2, defn. of “New 1(a) and 1(b) products”.....................................

ad. 85/2020

2, defn. of “Special Milk Class Permit Program”.........................

rep. 85/2020

2, defn. of “P5 1(c)/4(c) Program”

ad. 85/2020

2, defn. of “P5 Supervisory Body”

ad. 85/2020

3........................................................

rs. 85/2020

4 ........................................................

ra. as 4(1) 12/2017

4, Class 2..........................................

rep. 218/2012

4, Class 2(a)...................................

ad. 218/2012

4, Class 2(b)...................................

ad. 218/2012; am. 217/2015

4, Class 2(e)...................................

am. 74/2010

4, Class 3(a)...................................

am. 218/2012, 211/2013

4, Class 3(c)...................................

ad. 218/2012; am. 211/2013; ra. as 3(c)(1) 175/2016

4, Class 3(c)(1)..............................

ra from 3(c) 175/2016; rs. 175/2016

4, Class 3(c)(2)..............................

ad. 175/2016

4, Class 3(d)...................................

ad. 211/2013

4, Class 4(a)1.................................

rs. 74/2010, 27/2011

4(1) ..................................................

ra. from 4 12/2017, rs. 85/20201, 31/2021

4(1), Class 1(a)..............................

rep. 215/2018

4(1), Class 1(a)1............................

ad. 215/2018

4(1), Class 1(a)2............................

ad. 215/2018

4(1), Class 3(a) .............................

am. 180/2017

4(1), Class 3(b) .............................

rs. 12/2017; am. 180/2017

4(1), Class 3(c)(2) ........................

rs. 12/2017

4(1), Class 4(a) .............................

rs. 12/2017; am. 180/2017

4(1), Class 4(a)1............................

rep. 12/2017

4(1), Class 4(m) ............................

rep. 12/2017;

ad. 66/2020

4(1), Class 7...................................

ad. 12/2017

4(1A)................................................

ad. 85/20201

4(2) ..................................................

ad. 12/2017; rep. 85/2020

6........................................................

rs. 215/2018, 85/2020

Note that changes to headings are not included in the above table.

Editorial Notes and Corrections:

 

Note

Effective
date

1

The provisions in Section 4 of original text that were lettered as clauses (1)(a) and (b) have been redesignated as subsections (1) and (1A) to correct the structure of the Section for the purposes of the consolidation.

 

 

 

 

 

 

 

Repealed and Superseded:

N.S.
Regulation

Title

In force
date

Repealed
date

110/2001

Fluid Milk Categories and Classes Regulations

Aug 7, 2001

Feb 1, 2006

Note: Only regulations that are specifically repealed and replaced appear in this table. It may not reflect the entire history of regulations on this subject matter.