B.08.001. The foods referred to in this Division are dairy products.

B.08.001.1 In this Division, “milk product” means

(a) with respect to butter, whey butter or cheese, any of the following products, namely,

(i) partly skimmed milk, skim milk, cream, buttermilk and whey cream, and

(ii) milk in concentrated, dried or reconstituted form and any product referred to in subparagraph (i) in concentrated, dried or reconstituted form,

(b) with respect to cream cheese spread, cream cheese spread with named added ingredients, processed cheese food, processed cheese food with named added ingredients, processed cheese spread, processed cheese spread with named added ingredients, cold-pack cheese food or cold-pack cheese food with named added ingredients, any of the following products, namely,

(i) butter, whey butter and whey, and

(ii) any product referred to in subparagraph (i) in concentrated or dried form, including whey protein concentrate, and

(c) with respect to ice milk mix, ice cream mix or sherbet, any of the products referred to in subparagraph (a)(i) or (ii) or (b)(i) or (ii). (produit du lait)

SOR/92-400, s. 1. SOR/97-543, s. 1(F); SOR/98-580, s. 1(F).

B.08.002. Except as provided in these Regulations, a dairy product that contains a fat other than milk fat is adulterated.

B.08.002.1. Sections B.08.003 to B.08.028 do not apply to a lacteal secretion obtained from the mammary gland of any animal other than a cow, genus Bos, or a product or derivative of such secretion.

SOR/85-623, s. 1.

B.08.002.2 (1) Subject to subsection (2), no person shall sell the normal lacteal secretion obtained from the mammary gland of the cow, genus Bos, or of any other animal, or sell a dairy product made with any such secretion, unless the secretion or dairy product has been pasteurized by being held at a temperature and for a period that ensure the reduction of the alkaline phosphatase activity so as to meet the tolerances specified in official method MFO-3, Determination of Phosphatase Activity in Dairy Products, dated November 30, 1981.

(2) Subsection (1) does not apply to

(a) cheese; or

(b) any food that is sold for further manufacturing or processing in order to pasteurize it in the manner described in subsection (1).

SOR/91-549, s. 1; SOR/95-499, s. 1.

B.08.003. [S]. Milk or Whole Milk

(a) shall be the normal lacteal secretion obtained from the mammary gland of the cow, genus Bos; and

(b) 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