Milk & Milk Substitutes

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As a follow-up to the document sent to all brand owners May 2013, the question was raised regarding the definition of a dietary supplement.

A dietary supplement is defined as a product that is intended to supplement the diet and contains any of the following dietary ingredients:

  • a vitamin
  • a mineral
  • an herb or other botanical (excluding tobacco)
  • an amino acid
  • a concentrate, metabolite, constituent, extract, or combination of any of the above
  • a substance historically used by humans to supplement the diet

Furthermore, it must also conform to the following criteria:

  • intended for ingestion in pill, capsule, tablet, powder or liquid form
  • not represented for use as a conventional food or as the sole item of a meal or diet
  • labeled as a "dietary supplement"

Below is the notification that was sent to all Brand owners May 2013:

PRODUCT REGISTRATION CLARIFICATION

The Recycling Regulation states that a "beverage" means any liquid that is a ready-to-serve drink but does not include milk, milk substitutes, rice milk, soya milk, flavoured milk, infant formulas, meal replacements or dietary supplements. If milk or milk substitutes are the ‘key’ ingredient, the beverage should not be registered with Encorp.

In order for milk to be considered a 'key ingredient' it must appear as one of the first three ingredients on the label. If Milk, Rice or Soy is item 1, 2 or 3 - then the product is NOT deposit bearing and not registered in Encorp’s system. If Milk, Rice or Soy is item 4 or higher - then the product should be registered and carry a deposit.

Milk product means either of the following, namely,

(a) Partly-skimmed milk, skim milk, cream, buttermilk, whey, whey cream, and

(b) Milk in concentrated, dried, frozen or reconstituted form and any product named in paragraph (a) in concentrated, dried, frozen or reconstituted form, including butter, butter oil, whey butter, whey protein concentrated and other milk solids; (product du lait).

Soy Milk – Fortified ready-to-drink soy beverage.

Soy Beverage – Ready-to-drink beverage that is made of water, soy and other additives (flavours).

Rice Milk – Fortified ready-to-drink beverage that is made of water, rice and other additives.

Rice Drink/Beverage – Ready-to-drink beverage that is made of water, rice and other additives

Milk Substitute – are ready-to-drink beverages which are marketed as non-dairy milk replacements and have grains, nuts or vegetables (vegetarian, grain and nut products processed to act as a milk substitute).

Some milk and milk substitute products have been registered with Encorp by Brand owners in error. We are asking that you check the products you have registered with Encorp and advise us of any products that fall within the above-noted criteria – please provide the UPC number and a photograph of the ingredients list (e-mail to brandregistry@returnit.ca) and we will deregister these products.

Once products are de-registered, the brand owner will be notified to discontinue charging deposits & CRF’s to all their clients (retail, wholesalers, consumers, etc). Additionally, once the products are deregistered, you will no longer remit or report sales to Encorp for the deregistered products. Encorp depots will no longer pay out deposits to patrons and direct patrons that the milk containers are to be placed in the appropriate milk collection receptacles within the depot.