Use of Whey Cream in Butter Production

Question or Description of Problem:

  • 1) When whey cream is used as an ingredient in the production of butter does it have to be listed in the list of ingredients
  • 2) What is the common name for a butter type product made from a blend of whey cream and cream?
  • 3) What is the common name of a flavoured type butter prepared using a) only butter, b) only whey butter c) a blend of butter and whey butter?

Background:

Whey cream, a by-product from cheese making, has a composition similar to that of sweet cream except for a slightly different fatty acid profile. Small amounts of whey cream are sometimes used by industry in the production of butter. The level of usage of whey cream in butter is limited to approximately 10%. At levels above 10% there is an unfavourable impact on flavour. Normally, the usage level of whey cream is approximately 1 – 2%. Flavoured butters may contain higher amounts of whey cream than regular butter because the addition of flavour or seasonings will adjust for any flavour imparted to the butter by the whey cream.

Regulatory Requirements:

The standard for butter in the Food and Drug Regulations (FDR) states:

B.08.056. [S]. Butter

  • (a) shall
    • (i) be the food prepared in accordance with good manufacturing practices from milk or milk products, and
    • (ii) contain not less than 80 per cent milk fat; and
  • (b) may contain
    • (i) milk solids,
    • (ii) bacterial culture,
    • (iii) salt, and
    • (iv) food colour

Division 8 of the FDR also has a definition for milk product. Specifically for butter:

B.08.001.1 In this Division, "milk product" means

  • (a) with respect to butter, whey butter or cheese, any of the following products, namely,
    • (i) partly skimmed milk, skim milk, cream, buttermilk and whey cream, and
    • (ii) milk in concentrated, dried or reconstituted form and any product referred to in subparagraph (i) in concentrated, dried or reconstituted form

The standard for cream in the FDR is:

B.08.075. [S]. Cream

  • (a) shall be the fatty liquid prepared from milk by separating the milk constituents in such a manner as to increase the milk fat content, and
  • (b) may contain
    • (i) a pH adjusting agent
    • (ii) a stabilizing agent, and
    • (iii) in the case of cream for whipping that has been heat-treated above 100°C, the following ingredients and food additives:
      • (A) skim milk powder in an amount not exceeding 0.25 per cent,
      • (B) glucose solids in an amount not exceeding 0.1 per cent,
      • (C) calcium sulphate in an amount not exceeding 0.005 per cent,
      • (D) xanthan gum in an amount not exceeding 0.02 per cent, and
      • (E) microcrystalline cellulose in an amount not exceeding 0.2 per cent.

B.01.008 (1)b) of the FDR requires all pre-packaged products which consist of more than one ingredient to include a list of ingredients including, subject to section B.01.009, components, if any.

B.01.010(3)b) of the FDR: except when one of the ingredients or components is shown separately in the list of ingredients by its common name, all of the ingredients or components present in a food may be shown collectively in the list of ingredients by the common name

  • 7. milk ingredients : any of the following in liquid, concentrated, dry, frozen or reconstituted form, namely, butter, buttermilk, butter oil, milk fat, cream, milk, partly skimmed milk, skim milk and any other component of milk the chemical composition of which has not been altered and that exists in the food in the same chemical state in which it is found in milk
  • 7.1 modified milk ingredients: any of the following in liquid, concentrated, dry, frozen or reconstituted form, namely, calcium-reduced skim milk (obtained by the ion-exchange process), casein, caseinates, cultured milk products, milk serum proteins, ultrafiltered milk, whey, whey butter, whey cream and any other component of milk the chemical state of which has been altered from that in which it is found in milk
  • 7.2 modified milk ingredients: one or more ingredients or components set out in item 7 combined with any one or more ingredients or components set out in item 7.1

The FDR defines whey butter as:

B.08.057. [S]. Whey Butter shall be butter made from whey cream.

It must meet the minimum 80% milk fat content for butter but the milk fat is derived entirely from whey cream. Butter, as per the standard above (B.08.056. [S]), may contain multiple sources of milk fat as long as it meets the minimum 80% milk fat requirement

The Dairy Regulations

46. Butter with flavour or seasoning shall be butter to which a flavour, other than that of butter, or a seasoning has been added, and shall contain not less than 80 per cent milk fat.

47. Butter with (naming the fruit, vegetable, or relish) shall be butter to which fruit, vegetable or relish has been added, and may contain less than 80 per cent milk fat, if the percentage of milk fat is reduced by the amount of the product added, but in no case shall the resultant milk fat content be less than 75 per cent.

Decision:

  • 1) Based on the definitions in the FDR, whey cream is permitted for use in the production of butter. Whey cream is the fatty liquid product prepared from whey, not milk, therefore it cannot be considered the equivalent of cream. If whey cream, or other milk products are used in the production of butter, they must be included in the ingredient listing. Whey cream cannot be grouped with sweet cream under the common name of cream. Whey cream can either be listed individually or grouped under the collective class name modified milk ingredients. If listed individually whey cream would be listed in its correct position in descending order of proportion by weight. (Example: List of ingredients: cream, whey cream, salt or List of ingredients: milk ingredients, modified milk ingredients, salt or List of ingredients: modified milk ingredients, salt)
  • 2) If a blend of whey cream and cream or any other milk product permitted in butter is used, the product is to be labelled with the common name butter. If whey cream is used as the sole source of milk fat, then the product is to be labelled as whey butter, provided it also meets the other conditions for the whey butter standard.
  • 3 a) Flavoured butter is made by adding flavours to butter. FDR section B.01.009 allows the exemption of the component declaration of butter from the list of ingredients. List of Ingredients: butter, flavour. If the flavoured butter was made in one process from the constituent ingredients, with the flavour being added during the process of making the butter, the ingredients list would list all the ingredients added, e.g.: List of ingredients: cream, whey cream, salt, flavour, colour.
  • b) Flavoured whey butter is the correct common name for a product made from whey butter and flavourings. Again, FDR section B.01.009 allows the exemption of the components of the whey butter from the list of ingredients when whey butter is combined with flavour to make the product. List of Ingredients: whey butter, flavour. If the flavoured whey butter was made in one process from the constituent ingredients, with the flavour being added during the process of making the whey butter, the ingredients list would list all the ingredients added, e.g.: List of ingredients: whey cream, salt, flavour, colour.
  • c) A flavoured butter blend produced by combining whey butter, butter and flavourings would be labelled as flavoured whey butter and butter or flavoured blend of whey butter and butter or Blend of flavoured whey butter and butter. The order of the butter and whey butter in the common names is in descending order by weight; if more butter, it would go first. The ingredient list must declare both butter and whey butter or include their individual components, depending on how the product was manufactured (see notes in 3(a) and 3(b) above).

Ann Fillmore
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Recommended by: Program Chief

Feb. 14, 2006
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Date

Tom Hauschild
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Approved by: National Manager

Feb. 15, 2006
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Date

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