1. The expression “milk” means full cream milk or partially or completely
skimmed milk.
2. For the purposes of heading 0405 :
(a) the term “butter” means natural butter, whey butter or recombined butter
(fresh, salted or rancid, including canned butter) derived exclusively from
milk,with a milkfat content of 80% or more but not more than 95% by weight, a
maximum milk solids-not-fat content of 2% by weight and a maximum water content
of 16% by weight. Butter does not contain added emulsifiers, but may contain
sodium chloride, food colours, neutralising salts and cultures of harmless
lactic-acid-producing bacteria;
(b) the expression “dairy spreads” means a spreadable emulsion of the
water-in-oil type, containing milkfat as the only fat in the product, with a
milkfat content of 39% or more but less than 80% by weight.
3. Products obtained by the concentration of whey and with the addition of milk
or milkfat are to be classified as cheese in heading 0406 provided that they
have the three following characteristics :
(a) a milkfat content, by weight of the dry matter, of 5% or more;
and
(b) a dry matter content, by weight, of at least 70% but not exceeding 85%;
(c) they are moulded or capable of being moulded.
4. This Chapter does not cover :
(a) products obtained from whey, containing by weight more than 95% lactose,
expressed as anhydrous lactose calculated on the dry matter (heading
1702); or
(b) albumins (including concentrates of two or more whey proteins, containing by
weight more than 80% whey proteins, calculated on the dry matter) (heading 3502)
or globulin (heading 3504).
5. In this Chapter, the expresion "unit container" means a container, whether
large or small (for example, tin, can, box, jar, bottle, bag or carton, drum,
barrel or canister), designed to hold a predetermined quantity or number.
6. In relation to products of this Chapter, labeling or relabelling of
containers and repacking from bulk packs to retail packs or the adoption of any
other treatment to render the product marketable to the consumer, shall amount
to 'manufacture'.
7. In this Chapter, "brand name" means a brand name, whether registered or not,
that is to say, a name or a mark, such as a symbol, monogram, label, signature
or invented words or any writing which is used in relation to a product, for the
purpose of indicating, or so as to indicate, a connection in the course of trade
between the product and some person using such name or mark with or without any
indication of the identity of that person.