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Milk Classification Order, M.R. 141/2016

« Milk Classification Order », R.M. 141/2016

The Farm Products Marketing Act, C.C.S.M. c. F47

NOTE: This regulation was enacted in English only.

Loi sur la commercialisation des produits agricoles, c. F47 de la C.P.L.M.

NOTE : Ce règlement a été adopté en anglais seulement.

version anglaise

Regulation 141/2016
Registered November 18, 2016

This Order is made under the Dairy Farmers of Manitoba Marketing Plan Regulation, Manitoba Regulation 89/2004, and is Order No. 1, 2016 of Dairy Farmers of Manitoba.

Definition

1   In this regulation, "components of milk" means butterfat, protein, and other solids contained in raw milk, measured in kilograms, sold to a processor and used in the manufacture of dairy products, dairy ingredients, animal feed and non-food products.

Application of The Dairy Act and the Canada Agricultural Products Act

2   The compositional standards of dairy products as set out in the regulations made under The Dairy Act and the Canada Agricultural Products Act apply to this regulation.

Classification of milk

3   Components of milk which are sold to processors are classified as follows:

(a) "Class 1a Milk" means the volume of sales by a processor of milk and milk beverages, partly skimmed or skimmed, whether or not treated for lactose intolerance, whether flavoured or not, with or without vitamins or minerals added, egg nog, cordials, and cultured milk, for retail and food services;

(b) "Class 1b Milk" means the volume of sales by a processor of all types of cream with a butterfat content not less than 5% for retail and food services;

(c) "Class 1b(ii) Milk" means the amount of components of milk used by a processor in the manufacture of fresh cream with a butterfat content of 32% and higher used to make fresh baked goods which are not eligible for a Class 5 permit. Any utilization in this class requires a Class 1b(ii) permit approved by the Canadian Dairy Commission;

(d) "Class 1c Milk" means the volume of sales by a processor of new fluid milk products of the types set out in Class 1a and Class 1b, for retail and food services, approved by Dairy Farmers of Manitoba for an introductory period;

(e) "Class 1d Milk" means the volume of sales by a processor of fluid milk products of the types set out in Class 1a and Class 1b, marketed outside of the provinces of Canada but within the territorial jurisdiction of Canada;

(f) "Class 2a Milk" means the amount of components of milk used by a processor in the manufacture of all types of yogurt including yogurt beverages, kefir and lassi, but excluding frozen yogurts;

(g) "Class 2b Milk" means the amount of components of milk used by a processor in the manufacture of all types of ice cream, ice cream mix, whether frozen or not, other frozen dairy products including frozen yogurts, all types of sour cream, all types of milk shake mixes, fudge, puddings, soup mixes, caffeinate, and Indian sweets;

(h) "Class 3a Milk" means the amount of components of milk used by a processor in the manufacture of all types of cheese other than those identified in Class 3b, Class 3c and Class 3d;

(i) "Class 3b Milk" means the amount of components of milk used by a processor in the manufacture of all types of cheddar cheese, stirred curd, cream cheese, creamy cheese bases (cheese mixes), and cheddar and cheddar-type cheeses (firm or semi-soft, unripened, unwashed curd cheese, with a minimum milk fat content of 25% and a maximum moisture content of 45%) sold fresh;

(j) "Class 3c Milk" means the amount of components of milk used by a processor in the manufacture of all types of mozzarella cheese, except when declared in Class 3d, and asiago, brick, canadian style munster (muenster), colby, farmer, feta, gouda, havarti, jack, monterey jack, parmesan and swiss cheeses;

(k) "Class 3d Milk" means the amount of components of milk used by a processor in the manufacture of standardized mozzarella cheeses to be used strictly on fresh pizzas by establishments registered with the Canadian Dairy Commission under terms and conditions approved by the Canadian Milk Supply Management Committee;

(l) "Class 4a Milk" means the amount of components of milk used by a processor in the manufacture of all types of butter and butteroil, all types of powder, concentrated milk as an ingredient in the food industry, and all other products not listed in other classes of milk;

(m) "Class 4a(i) Milk" means the amount of components of milk used by a processor in the manufacture of milk components for rennet casein (dry or curd), milk protein concentrate (dry or liquid), or skim milk (dry or liquid) to be used in the manufacture of non-standardized final products in the processed cheese category;

(n) "Class 4b Milk" means the amount of components of milk used by a processor in the manufacture of concentrated milk for retail sale, whether sweetened or not;

(o) "Class 4c Milk" means the amount of components of milk used by a processor in the manufacture of new industrial products as approved by Dairy Farmers of Manitoba for an introductory period;

(p) "Class 4d Milk" means the amount of components of milk declared by a processor for explained losses (dumps, fluid returns, dead vats) and inventories;

(q) "Class 4d(i) Milk" means the amount of components of milk or cream for inventory adjustments used for inter-provincial milk movement purposes;

(r) "Class 4m Milk" means the amount of components of milk used by a processor in the manufacture of milk components for marginal markets as established from time to time by the Canadian Milk Supply Management Committee. Any declaration in this Class requires a Class 4m permit approved by the Canadian Dairy Commission;

(s) "Class 5a Milk" means the amount of components of milk declared by a processor in the manufacture of cheese used as ingredients for further processing for the domestic and export markets. Any declaration in this Class requires a Class 5a permit approved by the Canadian Dairy Commission;

(t) "Class 5b Milk" means the amount of components of milk declared by a processor in the manufacture of all other dairy products used as ingredients for further processing for the domestic and export markets. Any declaration in this Class requires a Class 5b permit approved by the Canadian Dairy Commission;

(u) "Class 5c Milk" means the amount of components of milk declared by a processor in the manufacture of dairy products used as ingredients for the confectionery sector destined for domestic and export markets. Any declaration in this Class requires a Class 5c permit approved by the Canadian Dairy Commission;

(v) "Class 5d Milk" means the amount of components of milk declared by a processor in the manufacture of planned exports and other exports approved by the Canadian Milk Supply Management Committee, the total of which shall not exceed Canada's World Trade Organization commitments. Any declaration in this Class requires a Class 5d permit approved by the Canadian Dairy Commission.

Adjustments to amounts of milk components

4   For the purpose of calculating prices to be paid by processors for milk components, the amounts of milk components will be adjusted in the following manner:

(a) for Class 1a Milk, Class 1b Milk, Class 1c Milk, and Class 1d Milk, the amount of milk components will be adjusted by including the prorated unexplained litres and butterfat loss expressed as a percentage of the total litres and butterfat used to manufacture the products in the plant;

(b) for Class 1b(ii) Milk, Class 2a Milk, Class 2b Milk, Class 3a Milk, Class 3b Milk, Class 3c Milk, Class 3d Milk, Class 4a Milk, Class 4a(i) Milk, Class 4b Milk, Class 4c Milk, Class 4m Milk, Class 5a Milk, Class 5b Milk, Class 5c Milk and Class 5d Milk, the amount of components of milk will be adjusted by including the prorated unexplained losses expressed as a percentage of the total amount of components of milk used to manufacture the products.

Repeal

5   The Milk Classification Order, Manitoba Regulation 78/2005, is repealed.

November 18, 2016Dairy Farmers of Manitoba:

David Wiens, Chairman

Brent Achtemichuk, Corporate Secretary