Friday, March 11, 2011


Canada's Federal Court of Appeal, on February 28, 2011 rejected an appeal from cheesemaking giants Kraft Canada and Saputo against federal regulators' compositional standards for cheese. The court also required Kraft Canada and Saputo to pay court costs.

The Canadian Food Inspection Agency claimed the win for official Ottawa as per a ruling handed down by Justice Robert Mainville, who dismissed Kraft and Saputo's joint appeal and awarded costs to the government.
Specifically, the new regulations require that cheese imported into Canada or produced in Canada and marketed in international trade or enter provincial trade must have:

a. a certain percentage of casein content derived from liquid milks, and not from other milk products such as weight cream or milk powder (the "Casein Ratios"); and

b. a whey protein to casein ratio that does not exceed the ratio of whey protein to casein ratio of milk (the "Whey Ratio").

Kraft Canada and Saputo argued the essential or dominant purpose of the regulation amounted to an economic transfer in favor of dairy producers to the detriment of dairy processors by requiring the use of additional liquid milk in the production of cheese which would result in "substantial impact on milk supply cost for dairy processors."

The lead witness for the processors in testimony given in 2008 to the House of Commons Standing Committee on Agriculture and Agri-Food, stated, "so we've been able, through the use of technology, to reintroduce the whey protein concentrate into cheesemaking to the benefit of the industry. It reduces cost, and there are more efficiencies, and so on."

The courts factual findings “seriously undermine the appellant's assertions.” The court found that the regulations, "address consumer expectations and interest as to the composition of cheese."

In addressing consumer expectations the court relied on the testimony of a Mr.Wathier, and experience Master Cheese Maker and cheese Judge:
Mr. Wathier, a Master Cheese Maker at St. Albert with four decades of experience in the industry, including experience as a cheese Judge and as a consultant to the applicant Parlamat, gave evidence concerning the impact of using milk derivatives on cheese quality. His evidence was that even small quantities of milk derivatives (up to 5%) could affect the taste, texture, and consistency of cheese compared to cheese made with fresh milk. The process of converting fresh liquid milk into a powdered milk derivative has an immediate impact on the taste, which is one of the reasons why, for example, consumers gravitate away from skim milk powder."

Although America has cheesemaking standards which prohibit the addition of various yield enhancing technologies, America has steadily suffered from what can be described as regulatory drift.


  1. Mr. Bunting, your statement on Mar.11, 2011 was the most eyeopening and depressing statement that I've personally read of yours, and I never miss reading you. I've lived on the same farm for 42 years and within 2 miles of where I grew up on a World War II veteran's homestead broke out of sagebrush by my father and mother in 1954. I have seen the good times along with the bad times in those 57 years, with my parents and now with my son, his wife and my grandkids. Of all the hard times we have worked through in those 57 years none were as difficult or feel so powerless in being able to provide a future for my family. I don't think we are much different in dairying or farming than millions of other hard working families in this country.I would like to think that when I'm gone, that all the hard work and stress would help, if they wanted to, to raise a family like we did on this farm. But I would have a difficult time wanting any of them to live with the stress day in and day out of what we go through seven days a week. We can't even enjoy much peace of mind when milk prices go up, because I feel like it's just a matter of few short months before corporate greed of the processers like Kraft and Saputo and the large corporate dairies(more cows and bst) along with our gutless politicians and regulators will be able to remedy high milk prices. I respect the Canadian Agency for standing up to Kraft and Saputo in protecting their consumers and producers confidence and hard earned money spent in buying and producing milk products and wonder why it is so hard for our politicians and regulators to do the same in this country. It feels to me like corporate greed and ill gotten profits in this country over rule all common sense and moral decency. I know it would be devastating for dairy producers, maybe no more so than the last two years have been, for some honest, brave dairy organization to publish nationally to all concerned consumers what Kraft and Saputo admitted to in Canada and what the Candian Agency did about it for their concern of their citizens. I can't believe Kraft and Saputo admitted to what they were adding in Canada, and believe they must not be concerned that anybody in the US would ask the same questions or worry about what their citizens were eating. I pray everyday this country will wake up to the greed and debt we have created and do what's best for your grandkids and mine. Praying for your family and mine Brad



  2. thumbs up to Brad.

  3. I come back every day after reading the day's post to read the comments too. Glad I did, great comment Brad!

  4. Thank you for your prayers Brad. I pray for dairy farmers daily. Today is a very depressing day. Don't have the money to buy our corn for 2011 yet. God willing we will be able to get that together, but with skyrocketing gas prices there is little hope to pay down any of the debt we accumulated in 2009. I can't buy the kind of groceries I see folks with food stamps getting, or have a vehicle as new as many of them. My farm has roofs that need to be repaired, barns that need painting and not much hope to get that done. My house needs work too, but We're lucky to stay warm with oil prices.Yet many "thinkers" seem to think we could come up with money to pay to insure our milk prices. If you would look at our farm many would think we're successful, but any retirement looks doubtful within the next few years as was planned. I, too don't have much hope for a successful future for our children.I wish I would have insisted that they choose any profession but dairy farming. Something is very wrong when those who choose not to work are rewarded above the means of a hard working farmer. But at the end of the day I must thank the Lord for what I have and not what I don't. May He bless us all.

  5. Thank you all for your posts. God bless you