This consolidation is unofficial and is for reference only.

For the official version of the regulations, consult the original documents on file with the Office of the Registrar 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 Office of the Registrar of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting.

This electronic version is copyright ©

, Province of Nova Scotia , all rights reserved. It is for your personal use and may not be copied for the purposes of resale in this or any other form.

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. 23/2023 (effective February 1, 2023)

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

(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(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(

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; crème fraîche, all

types of fudge, pudding, and Indian sweets.

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(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

Class

Subclass

Products

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(

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

23/2023

Feb 1, 2023

date specified

Feb 10, 2023

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 . 85/2020 1 , 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 2(b)1............................

rs . 23/2023

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

rep. 23/2023

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. 85/2020 1

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

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.