Implementation Approach for Revised Cheese Compositional Standards

Background

• Revisions to the Food and Drug Regulations (FDR) and the Dairy Products Regulations (DPR) harmonize and clarify the ingredients permitted for cheese making. The DPR also introduces cheese import licensing. The revisions came into effect on December 14, 2008.
• The revisions require that cheese derive a minimum amount of its casein from fluid milks and ultrafiltered milks rather than from other milk products AND have a whey protein to casein ratio that does not exceed that of milk
• The casein content derived from milks must meet or exceed the percentages of the total protein content of the cheese, dependent on the variety
  • total protein refers to the value determined using internationally recognized official methods which measure total nitrogen (Kjeldhal)

Inspection Framework

Compliance Objectives

• Industry must meet regulatory requirements and be able to demonstrate that products are in compliance
• Assess compliance through review and verification of documentation
• Focus verification efforts based on priority and risk

Scope

• Cheese - imported and domestic (produced by federally registered establishments)
• Foods (imported and domestic) declaring cheese as an ingredient (e.g. lasagna, pizza)

Cheese Importers

• All cheese importers will require a CFIA cheese import licence
  • An "Application for a Cheese Import Licence" form completed and required documentation attached (recall program, cheese list, and if required, establishment plans, sanitation and pest control programs, water analysis, etc.)
• During regular monitoring of the Importer Verification activity which assesses Good Importing Practices (GIP), CFIA will assess compliance of imported cheese, including the revised compositional requirements. Acceptable documentation includes:
  • Cheese specification sheets indicating specific ingredients
  • Supporting documentation

Federally Registered Dairy Establishments

• CFIA will perform a verification activity to assess compliance of cheese to the compositional standards based on the establishment's current and available records:
  • Same frequency as other consumer protection activities
  • Random selection of cheese variety and several vat records over a one month period
  • Corresponding lab reports/invoices related to milk payment for protein analysis results
  • Supporting documentation (e.g. lab analysis) for protein declaration on Nutrition Facts Table
  • Random sampling and analysis of cheese for total protein by CFIA

Imported and Domestic Prepared Foods

• Inspection approaches for imported and domestic prepared foods (non-registered) are different from the registered food commodities.
• CFIA conducts priority based inspections and responds to complaints for the non-registered sector.
• CFIA will respond to complaints related to foods that contain cheese to determine compliance to the regulations.
  • The regulated party will be expected to show appropriate documentation to demonstrate compliance

Enforcement Approach

• Instances of non-compliance could result in one or more of the following enforcement actions:
  • Letters of Non-Compliance
  • Seizure and Detention of Product
  • Suspension/Cancellation of Registration
  • Suspension/Cancellation of Licence or
  • Prosecution
• Each instance will be assessed on a case-by-case basis and the action(s) taken will be proportionate to the gravity of the non-compliance.

Methods to Validate Compliance

1. CFIA will randomly assess whether the cheese whey protein to casein ratio requirement (Codex parameter) is met by reviewing vat records and performing analytical testing of the cheese, if required.
2. Casein derived from milks – must meet regulatory standards
   • Although there is no analytical methodology related to casein origin in the final product, this requirement can be assessed by applying the following formula:
     • % Casein derived from milks = Quantity of milks x Protein of milks x Casein number x Retention coefficient ÷ (Protein content of cheese x Quantity of cheese)

% CDM = Q_m x P_m x CN x RC ÷ (P_c x Q_c)

Data sources for formula

• Quantity of milks – individual ingredient quantities: vat records
• Protein of milks – milk payment lab reports/invoices
• Casein number – for milks, use constant values
• Retention coefficient – use constant value
• Protein content of cheese – plant and/or CFIA lab analysis
• Quantity of Cheese – total vat quantity: vat records

Constant Values

Although milk composition can vary depending on time of year, breed, and feed, the following constant values will be used to facilitate more standardized cheese formulations and to enable uniform implementation:

• Retention coefficient: 0.96 (Van Slyke equation for cheese yield)
• Casein number:
  • for skim milk: constant value: 0.776¹ (AAFC research)
  • for other milks and cream: (xx% BF): 0.776 x (P- 0.002 x %BF) /P considering 2 mg MFGM protein is associated to each gram fat. (MFGM = milk fat globule membrane)
  • for UF milk: value is estimated from protein concentration (P): CN = (P-0.15) x 0.813)/P.

¹ Couture, L. and Britten, M. 1997 Variation saisonnières des propriétés physico-chimiques du lait. Dossier recherche 1.2,Cellule de recherche en physico-chimie du lait, St-Hyacinthe (Quebec), 10 pages

October 30, 2008
Dairy Stakeholder Meeting