This consolidation is unofficial and is for reference only.

For the official version of the regulations, consult the original documents on file with the Registry of Regulations , or refer to the Royal Gazette

Part II .

Regulations are amended frequently.

Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with our office that are not yet included in this consolidation.

Although every effort has been made to ensure the accuracy of this electronic version, the Registry of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting.

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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Governor in Council to make regulations respecting licensing, was repealed by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.

(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

product in an advertisement or on the label of a container.

(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

(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]