Info Sheet
Regulatory Amendments under the Milk Act
made December 2004

The Farm Products Marketing Commission made amendments to Regulations 753 and 761 under the Milk Act to prohibit filled milks and certain dairy edible oil spreads. The amendments came into effect January 1, 2005.

Following is a summary of those amendments. For full details, and precise wording, please refer to the full text of the regulations, available on the Internet at www.e-laws.gov.on.ca.

The Amendments

The amendments to Regulation 753 have the effect of prohibiting filled milk. They also set compositional standards and labelling requirements for dairy-edible oil spreads.
Dairy-edible oil spreads that do not comply with the standards and requirements are prohibited.

Prohibition of Filled Milk

Filled milk is defined in the amendments to Regulation 753 and includes:

• most fluid milks and creams that contain any fats or oils other than milk fats; and
• most milk beverages that contain at least 51% milk by volume and that contain fats or oils other than milk fat.

(Please refer to new subsection 4(3) of the Regulation for the complete definition of filled milk).
Certain limited types of fluid milk products that were permitted to contain edible oil prior to these amendments are not included in the definition and are not considered to be filled milk. These fluid milk products will continue to be allowed and include:

• certain flavoured milks and creams that are still permitted by Regulation 753 to contain up to 0.5% by weight fat or oil other than milk fat in a flavouring agent; and
• milk beverages that contain 51% or more of milk by volume that are permitted to contain,
• up to 0.5 % fat or oil other than milk fat by weight when contained in a flavouring agent; and
• up to an additional 0.5% omega-3 source fats or oils by weight that meet the requirements of the Regulation 753.

The amendments to Regulation 753 designate filled milk as a fluid milk product and set a compositional standard that applies to most fluid milk products, including filled milk. This new compositional standard (new subsection 5(6) of the Regulation) provides that, subject to some very limited exceptions (for the specific products described above), fluid milk products (including filled milk) cannot contain any fat or oil other than milk fat. The sale and manufacture for sale of fluid milk products that do not comply with this standard is prohibited by section 18 of Regulation 753. This effectively prohibits the sale and manufacture for sale of all products that fit within the definition of filled milk.

Examples of products that would be considered filled milk, and prohibited as a result of the amendments, include milks and creams with added edible oils (unless they fit within the specific exceptions for edible oil content of certain flavoured milks and creams allowed by subsection 5(7) of Regulation 753). Similarly, a milk beverage with at least 51% milk by volume that contains edible oil would also be considered filled milk and prohibited (unless its edible oil content fits within specific exceptions for milk beverages under subsection 5(8) of Regulation 753).

Not all fluid products that blend dairy and edible oil ingredients are considered filled milk. In addition to the fluid milk products that are specifically allowed by Regulation 753 to contain edible oils, there are other fluid blends of dairy and edible oil ingredients that do not fit within the definition of filled milk and would be allowed. The latter products are not milk products and are not regulated under the Milk Act. Examples of these include fluid edible oil/dairy blends that are primarily edible oil based (such as a coffee whitener that is mainly edible oil with limited dairy ingredients) and formulated beverages containing dairy and edible oil ingredients that do not contain at least 51% milk by volume.

Dairy-edible Oil Spreads

(1) standards and labelling:

Dairy-edible oil spreads as defined in the amendments to Regulation 753 include any spreads that are derived from milk, or a component of milk, and that contain a fat or oil other than milk fat, and that resemble, or are intended to be used as, a substitute for butter. Spreads that contain both dairy and edible oil ingredients, but that do not resemble, and are not intended to be used as substitutes for butter, are not considered dairy-edible oil spreads under Regulation 753 and are not regulated under the Milk Act. (Please refer to new subsection 4(2) of Regulation 753 for the complete definition of a dairy-edible oil spread.)

The amendments to Regulation 753 set compositional standards and labelling requirements for dairy edible oil spreads, please refer to new subsections 4(4)-(6) of Regulation 753 for these requirements.

The sale and manufacture for sale of dairy-edible oil spreads that do not comply with these standards and requirements are prohibited by section 18 of Regulation 753. Dairy-edible oil spreads that resemble, or are intended to be used as a substitute for butter, but that do not meet the requirements of Regulation 753, are prohibited.

(2) licensing and other requirements:

Amendments to Regulation 761 under the Milk Act provide that Regulation 761 does not apply to dairy-edible oil spreads that are processed from butter, and are not processed from milk, milk components or milk products other than butter. The amendments also provide that no licence is required under the Milk Act to operate a plant in which this particular kind of dairy-edible oil spread is processed, as long as no other milk products are processed in the plant.

Dairy-edible oil spreads that are processed using milk, milk components, or milk products other than butter, are subject to all of the applicable requirements in Regulation 761, and must be processed in a plant that is operated under a licence issued under the Milk Act.

New products that are allowed:

The repeal of the Edible Oil Products Act (EOPA) allows for the manufacture and sale of many new products in which fat or oil other than that of milk is added to, mixed, or blended with milk or other dairy ingredients to result in a product that is similar to, imitates, or is a substitute for a dairy product.

Some examples of these new products are:

• frozen desserts that combine dairy ingredients and fat or oil other than milk fat and resemble ice cream;
• alternatives to cheeses that combine dairy ingredients and fat or oil other than milk fat and resemble cheese;
• dairy-edible oil spreads that resemble, or are intended to be used as a substitute for butter, are now permitted to be manufactured and sold if they comply with requirements of the Milk Act and Regulations. For example, a spread that is a blend of 50% butter and 50% margarine;
• dairy-based spreads that contain fat or oil other than milk fat and that do not resemble, and are not intended to be used as, a substitute for butter. For example, cream cheese with olive oil added;
• certain formulated beverages that have milk as an ingredient, and contain fat or oil other than milk fat, if they contain less than 51% milk by volume. (Beverages that contain 51% or more milk by volume and that contain fat or oil other than milk fat are, subject to some limited exceptions, considered filled milk and prohibited by the amendments to Regulation 753 under the Milk Act);
• other fluid blends of dairy and edible oil ingredients that do not meet the definition of filled milk in Regulation 753 and that are not regulated under the Milk Act (including blends that are mainly comprised of edible oil).

For more information contact

Manager, Dairy Food Safety Program
Food Inspection Branch
Ontario Ministry of Agriculture, Food and Rural Affairs
519-826-4378