Use of partly (partially) skimmed milk from the butter making process in skim milk powder production

Questions:

1) If a small proportion of the partly (partially) skimmed milk from the butter making process is used in the production of skim milk powder, does the resulting product meet the definition of skim milk powder in the Food and Drug Regulations (FDR)?
2) How does the label of the resulting skim milk powder list this partly skimmed milk in the list of ingredients?

Background:

The partly (partially) skimmed milk produced during the butter making process refers to the liquid fraction which is removed in the first stream in the continuous churn. Industry currently combines this partially skimmed milk from the butter making operation with skim milk. The resulting standardized skim milk is then processed into skim milk powder.

Regulatory requirements:

The definition of skim milk powder in the FDR states:

B.08.014 [S]. Skim Milk Powder or Dry Skim Milk
(a) shall be dried skim milk;
(b) shall contain not less than 95 per cent milk solids; and
(c) shall, notwithstanding sections D.01.009 and D.01.010, contain added vitamin A in such an amount that a reasonable daily intake of the milk contains not less than 1200 International Units and not more than 2500 International Units of vitamin A;
(d) shall contain added vitamin D in such an amount that a reasonable daily intake of the milk contains not less than 300 International Units and not more than 400 International Units of vitamin D; and
(e) may contain an anti-foaming agent.

The standard for skim milk in the FDR only states requirements for total fat and vitamin A and D levels. There are no maximum or minimum values for protein, ash, or requirements for fatty acid composition.

B.08.004 [S]. Skim Milk
(a) shall be milk that contains not more than 0.3 per cent milk fat;
(b) shall, notwithstanding sections D.01.009 and D.01.010, contain added vitamin A in such an amount that a reasonable daily intake of the milk contains not less than 1200 International Units and not more than 2500 International Units of vitamin A; and
(c) shall contain vitamin D in such an amount that a reasonable daily intake of the milk contains not less than 300 International Units and not more than 400 International Units of vitamin D.

The definition of partly (partially) skimmed milk in the FDR states:

B.08.005 [S]. Partly Skimmed Milk or Partially Skimmed Milk
(a) shall be derived from milk that has had its fat content reduced by mechanical separation or adjusted by the addition of cream, milk, partly skimmed milk or skim milk, either singly or in combination;
(b) shall, notwithstanding sections D.01.009 and D.01.010, contain added vitamin A, in such an amount that a reasonable daily intake of the milk contains not less than 1200 International Units and not more than 2500 International Units of vitamin A; and
(c) shall contain vitamin D in such an amount that a reasonable daily intake of the milk contains not less than 300 International Units and not more than 400 International Units of vitamin D.

The Codex standard for milk powders (CODEX STAN 207) does have defined protein levels for skimmed milk powder at a minimum of 34% m/m milk protein in milk solids-not-fat (not including water of crystallization of the lactose).

Decisions:

1) Based on the definition of skim milk, as long as the fat level of the combined skim milk and partly (partially) skimmed milk results in a fluid product of less than 0.3% milk fat, partly (partially) skimmed milk from the butter making process can be combined with skim milk for the production of skim milk powder. It is recognized that this practice is self-limiting based on the compositional standards for fat content in skim milk.

The skim milk powder must meet the requirements prescribed in section B.08.014 [S] of the FDR as specified in section 8 of the Canadian Standards of Identity, Volume 1 – Dairy Products, and meet the protein requirements of the Codex standard CODEX STAN 207.

2) The skim milk powder is not required to be labelled with a list of ingredients including this partly (partially) skimmed milk from butter making because it is a pre-component of the liquid skim milk which is to be dried.

(This page was amended from a record of decision signed February 15^th, 2006, by the Agency.)