In particular, the invention relates to the manufacture of carbonated milk beverages made from any one or more of milk, milk substitute, any derivative of milk. The milk, substitute and/or derivative component may be in liquid form, or may be in powdered form which is reconstituted to a fluid by addition of a preferred liquid, such as water or any other fluid (including alcoholic beverages). To minimise or prevent foaming while the beverage is carbonated, the beverage includes appropriate anti-foaming agent (s).

It is envisaged the carbonated milk beverages will be available in a variety of forms for a variety of uses. The carbonated milk beverages may be flavoured, may be alcoholic or non-alcoholic and/or be further enhanced by having beneficial nutritional and health properties by the inclusion of vitamins, minerals, essential fatty acids and other supplements and so forth. The additives may similarly be added in powdered form or in fluid form.

However, it should be appreciated this invention may have applications outside this field.

Background Art Carbonated soft drinks are well known in the prior art. However, with increasing concerns about the consequences of consumption of such often artificially sweetened, artificially flavoured and/or artificially coloured beverages and additives (being the intake of large amounts of sugar and calories, whilst also affecting the intake of various minerals and vitamins), there is a recognised need to produce a healthier alternative.

Further, as consumers become increasingly aware of their specific nutritional and health needs, they are more aware of osteoporosis, high cholesterol and the dangers of heart disease and cancer and that these diseases may also stem from dietary factors.

For example, it has been observed that with an increase in the consumption of soft drinks, there has been a corresponding decrease in the consumption of milk by more than 40% which has consequences in that the intake of calcium, magnesium, ascorbic acid, riboflavin, and vitamin A is

reduced, whilst the intake of calories, fat, and carbohydrate is increased. Low calcium intake contributes to osteoporosis and lowered bone mass. As women are more frequently affected than men, the low calcium intake of today's teenage girls indicates osteoporosis rates may well rise.

The risk of osteoporosis depends in part on how much bone mass is built early in life. Girls build 92% of their bone mass by age 18, but if not enough calcium is consumed in their teenage years they cannot"catch up"later. Experts therefore recommend higher calcium intakes for youths 9 to 18 than for adults 19 to 50. However, reports suggest teenage girls are consuming only 60% of the recommended amount, with soft-drink drinkers consuming almost one-fifth less than non- consumers.

Further, while osteoporosis takes decades to develop, preliminary research has suggested drinking soda pop instead of milk could contribute to broken bones in children, in part due to lower bone density, which can result from low calcium intake.

Nevertheless, many young people enjoy carbonated drinks as opposed to still, non-effervescent drinks. Many people do not drink milk because they do not like the taste or consistency. Further, milk has not typically been a liquid for which a carbonated, effervescent form has been considered.

Milk by its very properties presents a number of problems as a beverage, not the least being its characteristic of foaming when subjected to turbulence, whether by exposure to high pressure fluid input, or by agitation from shaking and the like.

As milk, milk substitutes and/or milk derivatives play a significant role in daily human nutrition however, it is of value to provide an alternative form of beverage to the standard still milk/milk- substitute/milk derivative drink, to meet consumer demands, tastes and so forth.

However, while carbonation has been used in soda for more than a century, the process has not been applied to milk because the microbial activity of low amounts was unknown and because the carbonation would dissipate in milk cartons. Further, the method for inserting the carbonation was not efficient.

Advanced packaging technologies and more efficient carbonation processes has enabled a new style of fortified milk to now be produced. The cartons used to contain the fortified milk have previously been made for the orange juice industry and are ethylene vinyl alcohol (EVOH) coated cartons, used with the belief that the fluid milk will be able to maintain the carbonation. Accordingly, the amount

of carbonation injected into the milk is below the threshold of taste detection, but it is considered enough to stave off harmful bacteria. How much carbon dioxide (C02) added depends on a number of factors. The upper limit is the amount which can be tasted in the fluid milk. The lower limit depends on the desired shelf life and degree of barrier in the package.

Prior art development in the area of carbonated milk occurred in 2001, when a carbonated milk drink (e-Moo) was developed for consumption by children and teenagers, by food science researchers at Cornell University, United States of America. This was followed by a further product more tailored to adults (RPM-Power Milk). The carbonated beverage (e-Moo), was reported to be fat-free, contain less than 1 percent of the recommended daily allowance of cholesterol, about half the sodium usually found in flavoured milks and has 130 calories in an eight-ounce serving. It is made from pasteurised milk to address the growth of pathogenic bacteria, uses about one-third to one-fifth less carbon dioxide than soda, depending on the flavour, and uses crystalline fructose, instead of refined sugar and provides protein, calcium, and vitamins A, C and D. The milk is produced in several flavours. It was reported that carbonation of the milk provided a carbonated sensation and extended the shelf life of the milk beverage to up to six weeks.

The RPM, is reported to provide a significant percentage of the reference daily intakes (established by the U. S. Food and Drug Administration) of calcium (40 percent), magnesium (10 percent) and potassium (15 percent). It is lactose-free, fat-free, low in calories and contains the same nutrition found in grade-A skim milk.

However, there are potential disadvantages with the above prior art system. While pasteurisation conditions effectively eliminate potential pathogenic microorganisms, it is generally not sufficient to inactivate the thermo-resistant spores in milk.

There are still further issues that exist in the production of carbonated milk beverages that impact on the quality, production and longevity of the processed beverage. Whilst sterilisation of the milk, the carbonation process and packaging quality have been raised, there is also the issues of the characteristics of the milk resulting in foaming during carbonation, the addition of additives and so forth.

While the present invention has a number of potentially realisable applications, it is in relation to providing an alternative milk/milk-substitute beverage that the present invention was developed.

More specifically, it was with the problems associated with carbonating milk in mind, that the

present invention was developed. Further, it is with the potential for providing a carbonated milk beverage that as well as including flavourings and/or sweeteners and the like, also had an added nutritional benefit by the optional inclusion of vitamins, essential Omega-3/Omega-6 fatty acids and/or other additives for enhanced nutritional or health benefits.

It is with these objectives in mind that it would be useful therefore, to have a consumable milk/milk- substitute beverage that: a) Enabled the use of fresh, powdered and UHT (Ultra High Temperature) milk, ESL and any other alternatives, milk-substitutes, milk derivatives, solely or in combination, in its production; and/or b) Was able to be produced without changing the beneficial composition of the milk/milk- substitute/milk derivative; and/or c) Was relatively easy and cost effective to produce; and/or d) Could provide an enhanced nutritional and/or health beverage by the inclusion of additives directed to such. Whilst vitamins, minerals, essential fatty acids have been mentioned previously, the opportunity for further beneficial additives is available; and/or e) Could be flavoured and/or sweetened and/or be alcoholic to meet consumer tastes; and/or f) Provided an alternative beverage to carbonated or still beverages which have until now simply included fruit juices and the like.

It would be advantageous to have an invention that offered at least some if not all of the advantages of the above proposed beverage. Therefore, it is an object of the present invention to consider the above problems and provide at least one solution which addresses a plurality of these problems.

It is therefore a further object of the present invention to at least provide the public with a useful choice or alternative system.

Further aspects and advantages of the present invention will become apparent from the ensuing description which is given by way of example only. It should be appreciated that variations to the described embodiments are possible and would fall within the scope of the present invention.

Disclosure of Invention Carbonated milk beverages are currently being sold on the U. S. market. While the concept is new to consumers, patents in this field have existed since 1898. However, only recent patents have begun to solve the problems associated with producing this type of product. One of the most recent patents was taken out by a U. S. company known as Mac Farms that has now developed a wide range of functional carbonated milk drinks targeted toward certain market segments.

Like the U. S. A, New Zealanders consume large volumes of dairy products. Production of a carbonated milk product for the New Zealand market is, therefore, a possibility. The use of antifoaming agents for carbonated milk products has not been considered in prior art carbonated milk patents and it is envisaged their addition will likely improve the stability of the product by reducing foam. Hence the effect of antifoam agents on carbonated milk has been investigated for the purpose of the present application.

According to one aspect of the present invention, there is provided a beverage, said beverage including at least one of a milk, milk substitute, milk derivative base and having in addition at least an effective amount of an anti-foaming agent and optionally including additives to achieve enhanced consumption, nutritional and/or health benefits to the consumer, said beverage characterised by being in a carbonated form.

According to one aspect of the present invention, there is provided a beverage substantially as described above wherein the milk, milk substitute, milk derivative base of the beverage is in fluid or powdered form.

According to one aspect of the present invention, there is provided a beverage substantially as described above wherein the milk is in fresh or UHT, ESL and any other alternatives form.

According to one aspect of the present invention, there is provided a beverage substantially as described above wherein the powdered form of the milk, milk substitute, milk derivative is reduced to a powdered form via a range of procedures including air drying, freeze drying.

According to one aspect of the present invention, there is provided a beverage substantially as described above wherein the milk, milk substitute, milk derivative is chilled before carbonation.

According to one aspect of the present invention, there is provided a beverage substantially as described above wherein an anti-foaming agent includes any natural or synthetic, food quality grade additive which minimises and/or prevents foaming of the beverage during carbonation.

According to one aspect of the present invention, there is provided a beverage substantially as described above wherein optional additives to the milk, milk substitute, milk derivative base, include natural and/or synthetic flavourings and sweeteners, alcoholic beverages, non-alcoholic beverages, vitamins, minerals, herbal/plant extracts, essentially fatty acids.

According to one aspect of the present invention, there is provided a beverage substantially as described above wherein the optional additives are added to the liquid or powdered milk/milk- substitute/milk derivative base prior to carbonation.

According to one aspect of the present invention, there is provided a beverage substantially as described above wherein the carbonated beverage or powdered beverage composition is packaged in an airtight receptacle for use.

According to one aspect of the present invention, there is provided a beverage substantially as described above wherein the milk base includes milk from any mammal.

According to one aspect of the present invention, there is provided a consumable composition substantially as described above wherein the milk substitute base includes compositions made from non-mammalian sources, including soy milk.

According to one aspect of the present invention, there is provided a consumable composition substantially as described above wherein the milk derivative base includes compositions derived from mammalian and/or non-mammalian sources, including whey.

According to another aspect of the present invention, there is provided a method of manufacturing a beverage, said beverage including at least one of a milk, milk substitute and milk derivative base and having in addition at least an effective amount of an anti-foaming agent and optionally including additives to achieve enhanced consumption, nutritional and/or health benefits to the consumer, said beverage characterised by being in a carbonated form.

According to another aspect of the present invention, there is provided a method of manufacturing a beverage substantially as described above wherein pasteurisation may be undertaken on the milk/milk-substitute/milk derivative when in liquid or powdered form.

According to another aspect of the present invention, there is provided a formulation for a beverage, said beverage including at least one of a milk, milk substitute, milk derivative base and having in addition at least an effective amount of an anti-foaming agent and optionally including additives to achieve enhanced consumption, nutritional and/or health benefits to the consumer, said beverage characterised by being in a carbonated form.

According to another aspect of the present invention, there is provided a formulation for a beverage substantially as described above wherein the milk base includes milk from any mammal.

According to another aspect of the present invention, there is provided a formulation for a beverage substantially as described above wherein the milk substitute base includes compositions made from non-mammalian sources, including soy milk.

According to another aspect of the present invention, there is provided a formulation for a beverage substantially as described above wherein the milk derivative base includes compositions made from mammalian and/or non-mammalian sources, including whey.

According to another aspect of the present invention, there is provided a method of providing an elevated concentration of at least one nutritional and/or health effecting additive in a beverage which comprises at least one of a milk, milk substitute, milk derivative base and at least an effective amount of an anti-foaming agent, said beverage characterised by being in a carbonated form.

According to another aspect of the present invention, there is provided a method of providing an elevated concentration of at least one nutritional and/or health effecting additive in a beverage substantially as described above wherein the additive includes natural and/or synthetic flavourings and sweeteners, alcoholic and/or non-alcoholic beverages, vitamins, minerals, herbal/plant extracts, essentially fatty acids.

According to another aspect of the present invention the anti forming agent may include any other substances, liquid or gas which operates to reduce or stop foaming of this milk product during carbonation or otherwise.

Some examples of other substances, liquids or gas include for use as anti foaming agents include alcohols and other suitable products.

Producing a carbonated milk beverage involves a number of considerations, the least of which is the presence of pathogenic micro-organisms. As previously discussed prior art carbonation of milk has involved the use of pasteurised milk. Pasteurisation is the heating of every particle of milk or milk product to a specific temperature for a specified period of time without allowing recontamination of that milk or milk product during the heat treatment process.

There are two distinct purposes for the process of milk pasteurisation. One is a public health aspect - to make milk and milk products safe for human consumption by destroying all bacteria that may be harmful to health (pathogens); and a quality maintenance aspect-to improve the keeping quality of milk and milk products. Pasteurisation can destroy some undesirable enzymes and many spoilage bacteria. Shelf life can be 7,10, 14 or up to 16 days.

The extent of microorganism inactivation however depends on the combination of temperature and holding time. Minimum temperature and time requirements for milk pasteurisation are based on thermal death time studies for the most heat resistant pathogen found in milk, Coxelliae burraettii.

Thermal lethality determinations require the application of microbiology to appropriate processing determinations. To ensure destruction of all pathogenic micro-organisms, time and temperature combinations of the pasteurisation process are highly regulated. However, while pasteurisation conditions effectively eliminate potential pathogenic microorganisms, it is generally not sufficient to inactivate the thermo-resistant spores in milk.

The term sterilisation refers to the complete elimination of all microorganisms. The food industry uses the more realistic term"commercial sterilisation" ; a product is not necessarily free of all microorganisms, but those that survive the sterilisation process are unlikely to grow during storage and cause product spoilage. Milk can be made commercially sterile by subjecting it to temperatures in excess of 100°C, and packaging it in air-tight containers. The milk may be packaged either before or after sterilisation.

One form of such sterilisation technique used in the milk industry is UHT, ESL and any other alternatives, or ultra-high temperature sterilisation. The basis of UHT, ESL and any other alternatives is the sterilisation of food before packaging, then filling into pre-sterilised containers in a sterile atmosphere. Milk that is processed in this way using temperatures exceeding 135° C,

permits a decrease in the necessary holding time (to 2-5 sec) enabling a continuous flow operation.

The UHT process can be achieved via steam injection, or with scraped surface heat exchangers, for example.

However, if there is a low rate of heat penetration to the thermal centre of foodstuffs and beverages undergoing sterilisation, this leads to over-processing of some portions and damage to nutritional and sensory characteristics. This implies a more appropriate technique be used of long processing times at lower temperatures.

Further, some sterilisation processes, particularly those which involve heat may have adverse effects on the characteristics of the milk itself and/or adversely affect the additives added to the milk.

It is therefore of importance in the development of an alternative carbonated milk beverage to consider these issues and the use of milk in a form which can be or has been sterilised perhaps by techniques including and other than pasteurisation. Use of ultra violet light, and other forms of irradiation may therefore be practical. However fresh or unsterilised milk is an option.

As previously discussed, attempts to carbonate milk as a beverage have also been met with the problem of the characteristics of the milk resulting in foaming. This is evident whenever milk is subjected to high pressure fluid sources, such as gases or liquids, or as a result of forces from shaking or agitation of the milk.

For this reason attempts have been made to minimise the problem. Some of these include attempts to change the characteristics of the milk by prior processing so that foaming is minimised. For example, passing the milk through a heat exchanger has had moderate success in achieving this end.

To effect the present application, four types of antifoam agents were tested including almond oil, olive oil, Smoothex SMG and AF 9020 silicone antifoam. Almond oil has less flavour, colour, and does not solidify at 4°C, compared to olive oil. However, both oils tend to coalesce at all concentrations. The silicone antifoam agent could only be added at a maximum concentration of lOppm and at this concentration was not effective at preventing the foaming of the product.

Smoothex SMG was effective and was able to be added at higher concentrations. Almond oil and Smoothex SMG were the most effective and investigated in more depth.

Foaming is an inherent property of the product. Increasing the concentration of Smoothex and almond oil decreased the volume of foaming that occurred. In preferred embodiments of the present

invention therefore, where Smoothex and almond oil are used as the anti-foaming agents, concentrations should be as high as possible when added to the product. Further, these two oils were found to work best at the highest level tested of 0.05% and 0.4% respectively. A negative effect was found as both oil and antifoam additives were visible in the products.

Smoothex is far less visible and is therefore the more preferred option. However, scale-up trials are crucial to determine where problems may occur such as excess foaming in the pressure tanks or bottling process and to develop methods to prevent these from occurring.

Whilst, in preferred embodiments of the present invention, there are preferences for using fresh milk, nevertheless, in the process of producing a carbonated beverage in accordance with the present invention, UHT, ESL and any other alternatives milk or powdered milk may also be used, particularly where the characteristics and beneficial properties of the milk are not substantially affected by the processing of the milk.

Consumer resistance to modified products is increasing. In addition, affects on the flavour of the final product may be noticeable and reduce the consumers desire to purchase and drink the beverage produced using such processes.

Preferably, the milk and/or milk substitute and/or milk derivative base of the beverage of the present invention is in fluid or powdered form to aid mixing of the milk/milk-substitute/milk derivative with the additives required to effect the final flavour and composition of the beverage.

There are a number of processes for drying milk and/or reducing it to a powdered form. In preferred embodiments, the powdered form of the milk and/or milk substitute and/or milk derivative is powdered via a range of procedures including air drying, spray drying, freeze drying and so forth.

However, it is important that the process utilised has minimal affect on the characteristics and composition of the milk/milk substitute/milk derivative which may reduce the palatability, nutritional benefits and aesthetic presentation of the beverage. Similar considerations may apply where additives are included with the liquid milk prior to drying processes.

Use of powdered/dried milk/milk-substitute/milk derivative forms enables the beverage to be manufactured in dried form to which at least one preferred fluid may then be added at a later stage to create the final beverage for consumption. For example, water may be added to reconstitute the

powdered/dried milk beverage to a liquid form. That liquid form may then be carbonated and bottled for release to consumers.

Spray drying is a major technology applied to many aspects of the food and related industries, especially in the production of milk powder, dairy products and food ingredients such as flavourings. It is a complex sequence of events, with interactions between the liquid feed, the atomiser and the drying conditions. However, freeze drying and air drying techniques may also be favoured and used.

A further option may be the treatment of the milk in the manner used to create candyfloss.

Evaporated milk placed into a large, heated, metal mixing bowl and subjected to the action of centrifugal force may be an option for producing a milk/milk-substitute/milk derivative base (including appropriate additives and anti-foaming agents) which may then be reconstituted to a liquid by the addition of water, followed by carbonation.

In order to produce a milk/milk-substitute/milk derivative beverage in a carbonated form in accordance with the present invention however, it is preferable that at least one anti-foaming agent be added to the powdered, fresh or UHT, ESL and any other alternatives milk and/or milk substitute, before the beverage is carbonated. The use of anti-foaming agents is known to minimise foaming when milk collection, transportation or processing vats are being cleaned and so forth.

Therefore, in preferred embodiments of the present invention at least one anti-foaming agent is used to minimise and/or prevent foaming of the beverage during carbonation. Whilst the anti-foaming agent (s) may be any natural or synthetic source capable of minimising foaming in milk, it is preferable that it has minimal impact on the flavour and composition of the milk/milk- substitute/milk derivative beverage and is of a good food quality grade (so essential when the health aspects of the beverage are promoted). A number of anti-foaming agents are available for use or may be adapted for use with the present invention.

One potentially realisable benefit of the present invention over prior art systems is the way the foaming problem is addressed. The present invention teaches the use of anti-foaming agents, and techniques in production that favour minimal impact on the structure, composition and taste of the milk beverage produced. The latter prior art system tends towards the process of changing the milk structure to address the foaming issue. Such is achieved through the process of heat exchange

technologies which change the composition of the milk and also have the potential to alter the taste of the milk.

The process of producing UHT, ESL and any other alternatives milk also results in a change to the taste of the milk, because of the high processing temperatures involved. It is therefore a consideration of the present invention that the milk used, if so treated, be flavoured to improve consumer acceptance of the beverage.

Therefore, in the present invention there is a preference towards the use of fresh milk, preferably pasteurised or sterilised in an approved manner. Although, the use of powdered and/or UHT, ESL and any other alternatives milk or any combination of fresh, UHT, ESL and any other alternatives, powdered milk is also possible and are therefore, also realisable options.

Therefore, given the above and also that there is often consumer resistance to drinking milk, the beverage of the present invention may further include one or more from a range of additives added to the milk and/or milk substitute base-such as flavourings and sweeteners, alcoholic and/or no- alcoholic beverages, vitamins, minerals, herbal/plant extracts, essentially fatty acids and so forth.

These additives may be natural and/or synthetic. The addition of the additives may be tailored to consumer preferences and provide a beverage which is palatable for a range of consumers and has the health and/or nutritional benefits required by consumers.

Preferably, the optional additives are added to the liquid or powdered milk/milk-substitute/milk derivative base prior to carbonation to ensure even mixing of the additives through the milk.

Further, addition of such additives after carbonation may increase the propensity for the carbonated milk/milk-substitute beverage to froth even more and some of the contents of the carbonated receptacle may be lost in the process.

Preferably, the beverage substantially as described above wherein the milk and/or milk substitute and/or milk derivative is chilled before carbonation. This too, minimises the propensity for the milk/milk-substitute/milk derivative beverage to foam during the process by which it is carbonated, particularly where existing carbonating systems may be employed with the present invention.

In preferred embodiments of the present invention, the milk base includes milk from any mammal, the milk substitute base includes compositions made from non-mammalian sources (including soy milk) and the milk derivative base includes or is in a composition including mammalian and/or non-

mammalian milk (including whey). The beverage may be made from one or other of these sources to accommodate consumer requirements and health issues (such as allergies to cow's milk/lactose intolerance and so forth). Alternatively, the beverage may be comprised of varying proportions of milk and the milk substitute and/or milk derivative.

Preferably, the carbonated beverage or powdered beverage composition is preferably packaged in an airtight and/or fluid tight receptacle prior to use. Preferably, the beverage is maintained chilled to improve its shelf-life. Further, in some instances, storage in darkened receptacles or chillers may enhance the shelf life also by minimising the effects of a range of wavelengths of light on the milk product.

One process may include the following step of manufacturing a beverage involves a number of stages. As previously discussed the anti-foaming agent and additives are added to fresh, UHT, ESL and any other alternatives, or powdered milk. The powdered milk may be reconstituted by addition of water or any other preferred liquid. Alternatively, the powdered beverage mixture may be sealed for use later. Prior to being carbonated, the milk/milk substitute/milk derivative in liquid form is chilled and transferred to receptacles. The beverage is then carbonated, capped and sealed in an airtight and fluid tight manner and maintained in chilled form for transfer to consumers.

Where fresh milk or milk-substitute is used pasteurisation using appropriate techniques, may be undertaken on the milk/milk-substitute/milk derivative when in liquid or powdered form; and before or after the additional of the antifoaming agent or any other additives as previously suggested.

An elevated concentration of at least one nutritional and/or health effecting additive (such as vitamins, minerals, herbal/plant extracts, essentially fatty acids) in the beverage which comprises at least one of a milk, milk substitute, milk derivative base may provide a range of options for health conscious consumers.

Further, in preferred embodiments the final beverage composition will be affected by: a) Whether mammalian milk, a milk substitute, a milk derivative or a combination of two or more of these is used; and b) The average proportions of the anti-foaming agent required for the particular base composition used; and

c) The average proportions of additives to the base, such as flavourings and sweeteners, alcoholic or non-alcoholic beverages and ingredients; and d) The average proportions of the additives such as vitamins, minerals, herbs, present in the milk/milk-substitute/milk derivative composition; and e) The form of the milk/milk-substitute/milk derivative whether powdered, fresh or UHT, ESL and any other alternatives forms ; and f) The procedure for adding the additives including the anti-foaming agents, given the properties of the milk/milk-substitute/milk derivative base product to which they are to be added; and g) The chill temperature of the milk/milk-substitute/milk derivative; and h) The source of the additives having regard to purity and regulatory approvals of any product for human consumption; and i) The shelf life of the carbonated milk beverage produced, the receptacles, storage, available uses, and so forth.

As can be appreciated any suitable carbonation process may be used or adapted for use with the present invention and the carbonisation process may occur at any one or more of the stages of production of the milk beverage.

As can be appreciated variations to and from the above described embodiments may be made without deviating from the scope of the present invention.

It should further be appreciated a variety of different embodiments, uses, and applications of the present invention exist. A specific embodiment for the present invention will now be given by way of example only, to help better describe and define the present invention. However, describing one embodiment should not be seen as limiting the scope of this invention :

Brief Description of Drawings Further aspects of the present invention will become apparent from the following description, given by way of example only and with reference to the accompanying figures, tables and illustrations in which: Figure 1 Is a graph showing foaming of pasteurised whole milk with various concentrations of Smoothcx and almond oil at approximately 3.0-3. 3 volumes C02 ; and Figure 2 Is a graph showing foaming of pasteurised whole milk with various concentrations of Smoothex and almond oil at approximately 4.0 volumes C02. ; and Figure 3 Is a graph showing UHT Whole Milk with Various Oil/Antifoam Concentrations.

Approx 2.8-3. 5 Volumes Carbon Dioxide; and Figure 4 Is a graph showing pasteurised Whole Milk with Various Oil/Antifoam Concentrations. Approx 3.1-3. 3 Volumes Carbon Dioxide; and Figure 5 Is a graph showing pasteurised trim milk with Various Oil/Antifoam Concentrations.

Approx 2.8-3. 5 Volumes Carbon Dioxide; and Figure 6 Is Table 1 showing flavours tested which matched product very well; and Figure 7 Is Table 2 showing flavours tested which matched product reasonably well; and Figure 8 Is Table 3 showing flavours tested which did not match product well; and Figure 9 Is an illustration showing prototype products. Flavours from left to right: Cappuccino, Tutti Fruity, Orange and Chocolate, Grape and Blueberry; and Figure 10 Is an illustration showing Grape and Blueberry carbonated milk containing from left to right: 0.05% SmoothexTM, and 0.4% almond oil.

Best Modes for Carrying Out the Invention With reference to the and by way of example only, there is provided a milk beverage, comprising either or both a milk and milk substitute base and having in addition at least an effective amount of an anti-foaming agent and optionally including additives to achieve enhanced consumption, nutritional and/or health benefits to the consumer. The beverage is characterised by being in a carbonated form.

The milk base includes milk from any mammal (typically farmed mammals); whilst the milk substitute base includes compositions made from non-mammalian sources, including soy milk; and the milk derivative base includes or includes compositions made from one or more milk derivative, such as whey.

The milk used may be fresh, powdered, UHT, ESL and any other alternatives milk or the substitute equivalent, or any combination thereof. The fresh milk and UHT, ESL and any other alternatives milk is prior sterilised by appropriate techniques such as pasteurisation and so forth. The powdered form may include spray dried, freeze dried, air dried milk, although other drying and/or powdering options may be used or adapted for use with the invention.

Spray drying the milk may be one preferred method given sterilisation techniques using high temperatures can lead to over-processing and damage to nutritional and sensory-based characteristics of the milk. This implies a more appropriate technique be used of long processing times at lower temperatures.

Even the spray drying technique includes a pasteurisation step by which the milk must be heated up and kept above the 72 degree Celsius mark for no less than 15 seconds either by using a large vat filled with milk and having a heating jacket around the outside with the milk being agitated to ensure thorough heating; or by the use of a plate-type heat exchanger which is a continuous and more energy efficient process. Steam off hot water can be used in either of these methods for the heating agent. Higher temperatures are often used in the processing of powdered milk (93-100 degrees Celsius for 10-25 minutes) to ensure the destruction of pathogens, microorganisms, and enzymes (specifically lipase) in the milk that may reduce the shelf life after it is processed.

Use of techniques operating with these greater temperatures is one consideration when deciding which technique to use to produce what type of carbonated beverage. After the milk is pasteurised, vitamins and minerals may be added, such as vitamin D.

The milk must be evaporated (by removing water until the overall solid content of the milk is around 40%-50% of the total mass) prior to drying, otherwise the drying process would simply require too much energy and produce a typically more inferior product with smaller powder particles with more occluded air and a decrease in the shelf life of the powder. The amount of energy required to evaporate milk is around 10 times less than the energy required to dry the same amount of milk without evaporating it first. To accomplish this, evaporators use a combination of heat and vacuum.

Placing the milk in a vacuum reduces the temperature at which boiling will occur. The pressure is typically manipulated so the boiling temperature is around 40-45 degrees Celsius.

The batch-type pan evaporation system, the continuous batch-type evaporation system, the rising- film evaporator and the falling-film evaporator are all appropriate processing systems. For the former, depending on the size of the pan, the process may take several hours. The heat transfer characteristics are poor, so the batch type process is not the most efficient evaporation method in use today. The continuous system co-ordinates the rate of milk flow in and out of the pan with the evaporation rate making a positive discharge of finished product (evaporated milk) from the evaporator possible. The rate of discharge and the rate of incoming milk are synchronised in a manner that will maintain the concentration of the milk.

The rising-film evaporator again uses steam to heat the product, which begins to produce steam which rises and is drawn up as a thin film on the inner walls of the tubing of the evaporator. At the top of the unit, the steam exits to a condenser, the evaporated product remains and the condensate can be added to the process again to attain the desired consistency of milk. In the falling-film evaporator, the liquid film flows downward through the tubes assisted by gravity. Special distributors or spray nozzles can be used to produce a uniform film flowing through the tube. The falling-film type of evaporator has a product residence time of only 20-30 seconds, much less than the rising-film type.

Milk is an emulsion of water and oily fat (the globules of which are very different diameters). After the milk is evaporated it is homogenised to reduce the mean diameter of the globules by spraying the milk through a homogenising valve at very high pressures and flow rates. The smaller globules are

dispersed throughout the evaporated milk much more evenly. This greatly reduces the ability of the fats to cream and gather together, and it aids in the absorption of milk proteins such as casein.

Homogenisation also increases the viscosity of the milk, which further stabilises the emulsion.

The next step in the moisture removal process is the actual drying of the milk via use of a drum dryer (one or more large rotating heated drums) or a spray dryer. With the former, the milk product dries on the drum and is scraped off by a stationary knife. The heat of the drum often caramelises the lactose in the milk. This is a property that is desired for the making of chocolate, and may be desirable in the production of a particular flavour of the carbonated milk beverage, but may not be desired in others.

Spray drying, in which the evaporated milk is atomized in the presence of heated air, generally results in a more desirable final powder product. The product can be atomised by a variety of different methods, but the pressure spray nozzle type (where the milk is forced through a small orifice at very high pressures (2500-3000 p. s. i. )) is the most common in the milk drying industry.

The heated air stream removes the remaining moisture and the remaining solids drop where they can be removed. Some methods cool the powder as it is removed by blasting it with cool air. A centrifugal separator used in combination with a wet-scrubber may be included to collect solid that does not drop.

After the powder is removed from the dryers and cooled, it must be instantised by agglomeration.

Agglomeration increases the air between powder particles. Water or steam is used to wet the powder causing it to form clusters. The clusters are dried and sized, eliminating the larger and the smaller clusters. When the product is reconstituted, water takes the place of the air. Reconstitution happens faster and more predictably because of this.

The powder must be kept moisture free during packaging and during storage. The lactose will rapidly absorb water making a sticky mess if it is not completely dry.

Whilst spray drying has been considered above, other processes including air drying and freeze drying are also relevant to the invention. Preferably however, where freeze dried milk is to be, used any technique which would have minimal adverse effect on the characteristics of the milk, would be preferred.

The use of the milk/milk-substitute/milk derivative in a powdered form with added antifoaming agents and additives may be useful for the transportation of the product or use in areas where milk is not available and by addition of water a reconstituted form may be carbonated for packaging and supply.

The anti-foaming agent used with the present invention is preferably at least one from a range of high food grade quality anti-foaming substances/liquids/compositions which are either naturally or synthetically derived. Often anti-foaming agents used even in processed foods and beverages today have undesirable properties. Where a healthy milk beverage is desired, the use of additives and the like which may have undesirable properties is somewhat defeating of the purpose. The appropriate anti-foaming agent (s) may be added before, or after, sterilisation and added prior to carbonation.

In addition, optional additives such as flavourings, sweeteners, and so forth may be added depending on the taste, nutritional and health benefits desired from consumption of the beverage. These may be added before or after sterilisation and added prior to or after carbonation. However, again, addition after sterilisation of the milk and prior to carbonation is preferred, depending on the additive and the maximum temperatures of any sterilisation process used. Alcohol, or alcoholic flavours may also be used.

Where the additives include vitamins, minerals, herb or plant extracts, essential polyunsaturated fatty acids (such as those known commonly as Omega-3 and Omega 6 fatty acids) and so forth, the additives are preferably in a form which is bioavailable to the consumer, whilst able to be maintained in suspension in the milk or milk substitute beverage after the beverage is carbonated.

High processing temperatures may adversely affect the characteristics of the additives and the subsequent milk beverage. Therefore, the relevant processing technique should be considered relative to the characteristics of the milk and the additives used for any particular beverage.

The milk/milk-substitute/milk derivative is preferably chilled prior to being carbonated. Carbon dioxide (C02) is the key to carbonation. Typically, for carbonated beverages, it is added to the beverage as either a solid (dry ice), or in high-pressure liquid form.

As with carbonated fruit juices and the like, the beverage may be dispensed to bottles, cans, appropriate thermoplastic containers and then carbonated, capped and stored for delivery to consumers.

Example 1 The following is provided by way of example only and should not be considered to be the only method of effecting the invention. The example provided, is directed to further explaining the invention and variations may be made to the process, materials, ingredients and use of equipment, without deviating from the scope of the invention.

1) Materials a) Milk Whole milk Composition per 100ml : Energy: 153kj, Protein: 3.7g, Fat 3.3g, Carbohydrate 5.1, Sodium 43mg, Calcium 129mg.

Low Fat (trim) milk Composition per 100ml : Energy: 262kj, Protein: 3.3g, Fat 0. 1g, Carbohydrate 4.9, Sodium 41mg, Calcium 120mg.

Long life milk (UHT) Composition per 100ml : Energy: 258kj, Protein: 3.3g, Fat 3.3g, Carbohydrate 4.7, Sodium 42mg, Calcium 115mg.

Standard pasteurisation requires a heat treatment of 72°C for at around 16 seconds or more. UHT requires 135-150°C for a few seconds. The higher temperatures of the UHT treatment would cause a greater amount of denaturing of protein which affects the taste, quality and life of the milk. b) Antifoam and oils Four types of antifoaming agents were investigated. This included two oils, almond and olive, and two additives including a vegetable based glycerol monooleate ester of edible fatty acids (E471) otherwise known as Smoothex SMG and AF 9020 silicone antifoam.

2. Methods a) Beverage Preparation

Milk samples were prepared by mixing milk with flavour, colour, and sweetener. 300ml of this milk was then poured into 375ml plastic bottles. To obtain the low level of additive antifoam required (10-500ppm) the antifoam agents were dispersed at a high concentration into milk first and then a few ml of this milk was added to each bottle. Oil was added directly. b) Carbonation Two methods were trialled. The first involved carbonating the milk directly with a soda stream carbonator with a pressure gauge added to monitor and maintain the headspace pressure. While this dissolved the COa quickly and effectively the pressures in the capped bottle varied considerably.

High carbonation levels of 6.5 volumes were obtained in some circumstances.

The second method, which is the one preferably adopted relied on pouring milk into plastic bottles (with no lids), placing them in pressure vessels at 0°C and pressurising them with C02. The CO2 diffused into the milk over time and once a certain number of volumes were achieved in the milk the bottles were capped and left to equilibrate to 4°C before measurements were conducted.

Carbonation time took 1-2 days. c) Pressure The headspace pressure was measured at 4°C. The bottles were shaken excessively, the lid pierced and the pressure read. The pressure could then be converted to volumes of CO2 using appropriate charts. d) Foaming Foaming measurements were conducted at 4°C and involved a bottle being inverted once and then put upright. The bottle was left for 20 seconds and the cap removed. The foam was allowed to rise and the volume of foam calculated. If the bottle overflowed the extra foam was collected in a measuring cylinder. e) Fizziness Rating The product was rated in terms of fizziness using an intensity scale (see below) in which the rating of seven was seen to be the fizziness of Coca Cola and a rating of four was seen to be an acceptable degree of fizziness.

2 3 4 5 6 7 No Very Fizz Fizzy e) Taste test Testing was undertaken using only two test subjects.

3. Foam Formation Foaming is a problem with carbonated milk beverages. The reason behind this is due to the high levels of C02 dissolved in the milk to obtain sufficient carbonation. C02 is very soluble in milk or water at 0°C, the temperature where carbonation takes place. The bottle is then capped and left to equilibrate to 4°C where the C02 becomes less soluble and equilibrates forming pressure within the headspace greater than that of the outside environment. Upon opening of the bottle, releasing the pressure to atmospheric pressure, the C02 equilibrium of the milk changes and the milk becomes supersaturated with CO2. This is thermodynamically unstable. The C02 diffuses toward air pockets on the side of the bottle, which grow and eventually dislodge, while others grow in their place (Walstra, P. (1996). Dispersed Systems: Basic Considerations. In Food Chemistry 3rd ed. O. R.

Fenemma (Ed). Marcel Dekker, New York. pp. 144-149. ). A possible reason for the extra foaming when bottles are agitated is that when bottles are shaken more nuclei for the C02 bubbles can form.

From these a large amount of foaming can occur.

Milk and water differ in the degree of surfactant ingredients present, namely protein, which is found in milk. These surfactants support the formation of foam bubbles and help to maintain their structure. For this reason foaming in carbonated milk will be more of a problem than with carbonated water. a) How Antifoams Work Antifoam and oils prevent and limit foaming by adsorption at the air/water interface. The hydrophobic (water repelling) oils and additives interfere with the protein film stabilising the bubbles. This causes the film to rupture and the bubble to burst (Walstra, 1996).

b) Use of Oil to Prevent Foaming in Trials Problems arose from the use of oils in carbonated milk and this was especially seen with olive oil.

Olive oil has a unique flavour and colour. The flavour becomes apparent in the product if a sufficient quantity is added which can affect the taste. Another problem is that olive oil has a colour that is quite noticeable in milk, as the oil tends to coalesce on the surface. Olive oil also solidifies at 4°C and while preliminary results showed that olive oil might be effective at reducing foaming, due to these flavour and colour issues it was not used for further trials.

Almond oil was used in the more in-depth trials as unlike olive oil it is colourless, has minimal flavour, and does not solidify at refrigerated temperatures. The only problem is the formation of oil pools on the milk surface with even 0. 1% oil being clearly visible. This characteristic does not make oil an attractive option but it has a benefit in that it does not require an e-number for the addition. However e-numbers would have to be used for the colours and artificial sweeteners and therefore an extra e-number may not do any harm. c) Use of Antifoaming additives to Prevent Foaming There were two artificial antifoams tested, these included the Smoothex and silicone based antifoam. The silicone based antifoam was tested in preliminary trials. It differed from the Smoothex in that it can only be added as a processing aid (for this category, the technological function of the antifoam has to be said to be preventing foaming at the processing stage rather than the final product, and the amount which can be used is strictly limited. The advantage of adding a processing aid is that is does not need to be put on the ingredient label. The maximum concentration allowed is l Oppm and from the trials it was found that it was not effective at reducing the foaming at this level and, therefore, was not used in subsequent trials.

Smoothex can be added under good manufacturing practices (GMP) meaning that it can be added at the minimum level to carry out the technological function. It was found to be effective at reducing foam and dispersed reasonably well in water but over time floated to the surface. It did not agglomerate into large globules like oil. As milk often has a creamy residue people may associate the Smoothex with a cream residue rather than the Smoothex.

Alternate antifoam options included other oils and artificial antifoams but these were not investigated due to time constraints. d) Preliminary Trials Preliminary trials were conducted on pasteurised milk with Smoothex or oil. These were carried out to gain an overview of how effective these additives are at preventing foaming and to find the optimum volumeof C02. Three different volumes of C02 were tested: 2. 8, 3.3, 4.0 and two types of milk: pasteurised whole and trim. Coca Cola has a measured C02 volume of 4.2.

Figure 1 and 2 show graphs of carbonated pasteurised whole milk containing Smoothex and almond oil at approximately 3.3 and 4.0 volumes of CO2 respectively. Both figures have different foam volume scales. The 95% confidence levels were very large due to the low number of samples tested and therefore no significant difference could be shown to exist between the control (no antifoam added) and the antifoam containing samples.

In general the results from the preliminary trial showed: As the volumes of CO2 increased the amount of foam increased for both the trim milk and the whole milk. This limits the volume of COZ that can be added.

As the antifoam concentration increased the amount of foaming decreased likely due to increased disruption to the bubble film.

Both trim milk and whole milk had large amounts of foaming.

In terms of fizziness taste 4 volumes of COx is extremely fizzy, 3.3 volumes is sufficient to provide a substantial fizz while 2.8 had insufficient fizz.

After 3 weeks storage at 4°C sedimentation and flocculation is not visible in the carbonated milk at an approximate pH of 5.6 and 6.5 volumes of CO2.

Figure 1 illustrates foaming of pasteurised whole milk with various concentrations of Smoothex and almond oil at approximately 3.0-3. 3 volumes Carbon Dioxide. Whilst Figure 2 illustrates foaming of pasteurised whole milk with various concentrations of Smoother and almond oil at approximately 4.0 volumes C02,

e) Trials on 3.3 volumes of CO2 in milk As the optimum fizziness taste was obtained at 3.3 volumes C02 trials were conducted to look at the effectiveness of the antifoaming agents at this volume.

The milks tested included UHT whole milk, pasteurised whole milk and pasteurised trim milk and a greater number of samples were tested to obtain more accurate 95% confidence intervals. The intervals for the volume of foam axis scale differ.

UHT Whole Milk The foam volume of UHT whole milk was influenced by the addition of oil and Smoothex (figure 3 ?. Smoothex was not effective until 100ppm (0.01%) was added, as at this point there was a significant difference at the 95% confidence interval from the control.

No significant difference could be seen between the control and the 30 and 50ppm Smoothex. If the concentration of Smoothex was increased above 100ppm it is likely that the effect of Smoothex on reducing foaming would increase.

There was no significant difference between the 0.1% and the 0.4% almond oil at the 95% confidence level. The foam volume was very low comparable with the 100ppm Smoothexm.

The C02 pressure came out slightly lower for the oil than the target value and at higher pressures the foam volume would likely be higher. 100ppm Smoothex and 0.4% almond oil would be the best to use to prevent foaming. Increasing the antifoam concentration therefore produces less foam.

Figure 3 illustrates UHT whole milk with various oil/antifoam concentrations; and approx 2.8-3. 5 volumes Carbon Dioxide.

Pasteurised Whole Milk The results for the pasteurised whole milk (figure 4) were not as conclusive as the UHT whole milk at I 00ppm SmoothexTm and higher concentrations of Smoothex, 250 and 500ppm were tested.

There was no significant difference between the control and the Smoothex concentrations of 100ppm and below, but a significant difference did occur when the concentration was increased to 250ppm and 500ppm. At these concentrations the Smoothex was comparable with almond oil at

0.1 and 0.4%. 500ppm Smoothex and 0.4% almond oil would be the optimum concentrations as there was lower average foam and less variance.

Increasing the antifoam concentration therefore produces less foam. Figure 4 illustrates pasteurised whole milk with various oil/antifoam concentrations; and approximately 3.1-3. 3 volumes Carbon Dioxide.

Pasteurised Trim Milk The pasteurised trim milk showed more promising results (Figure 5). Much like the pasteurised whole milk there was no significant difference at the 95% confidence interval between the control and the concentrations of Smoothex equal to and below 100ppm. 250ppm showed a significant difference and therefore is the best Smoothex concentration as there was no significant difference between the 250ppm and the 500ppm. The control average foaming came out very low.

Almond oil at 0.4% showed good results although the average C02 volume was lower than the other pressures and had a higher variance. The greater pressure variance was not reflected in the variance of the foaming as very low values were obtained. 0.4% almond oil appears to be the best option in terms of preventing foaming. Increasing the antifoam concentration therefore produces less foam.

Figure 5 illustrates pasteurised trim milk with various oil/antifoam concentrations and approximately 2. 8-3. 5 volumes Carbon Dioxide.

Conclusion 'Sedimentation and flocculation did not appear to be a problem with the product as the pH remained above 5.6. 3.3 volumes of C02 had the best fizziness taste rating.

Oil was effective at reducing foaming with 0.4% reducing the foam considerably in carbonated milk. An increasing oil concentration tended to reduce foaming more effectively.

Almond oil is more preferred over other oils due to the minimal flavour and colourless appearance. All oils have a tendency to coalesce on the surface of milk thereby making the product less desirable and this is the main hurdle to using oil as an antifoam agent.

Smoothex required a minimum concentration of 250ppm Smoothex in pasteurised trim milk, 500ppm in pasteurised whole milk and 100ppm in UHT whole milk to be significantly

different from the control. A trend was seen in that as the concentration of Smoothex increased the foaming decreased and therefore 500ppm (0.05%) may be the best concentration to use, if not higher. The less added the less visible Smoothex is.

Foaming seems to be an inherent attribute of the product and therefore consumers may have to accept this. No laboratory foaming test will accurately reflect the stresses that will go on the product when consumers purchase the product. It is therefore important to conduct in home consumer testing on the developed products to allow consumers to decide whether the foaming is in excessive. If consumers find that it is too fizzy the volume of C02 will have to be decreased which will decrease both the foam and fizziness accordingly.

'The above example is an example and does not limit the specification. Variations can be made to the type of milk, its form, the additives, the anti forming agent and the carbonation process.

EXAMPLE 2 1. DEVELOPMENT OF A PROTOTYPE CARBONATED MILK BEVERAGE a) Product Concept The prototype products were targeted toward two groups of consumers, children and young adults.

A product concept was defined for both groups: Product concept for the Child market The beverage will be a healthy alternative to the carbonated beverages currently on the market. It will have no added sugar but use an artificial sweetener. The milk product will have a standard fat content (4%) unless technical problems do not permit this. It will retain the healthy connotations of milk.

Product concept for the Teenager/Young Adults market The product will be an energy drink style product. The product will be aimed at competing alongside the'V'product produced by Frucor and will contain certain vitamins, minerals and other nutritional additives depending on the market. The product will use an artificial sweetener ; have an exciting flavour (like v), ideally unique to the product.

b) Product Ingredients/Characteristics Taste of product Non-sweetened and unflavoured carbonated pasteurised milk has a taste of fizzy acidic milk, which is difficult to drink in large quantities (300ml bottles). The fizziness is a different type compared to the carbonated water, as when drunk the milk has a'heavy'texture.

The different milks still retain their characteristics when carbonated as the trim milk is more 'watery'than whole milk while UHT milk retains the original UHT flavour although more acidic.

Upon the addition of sweetener the taste becomes much more pleasant and is far easier to drink as the milk is not as heavy nor as acidic. As the acidic taste decreases the apparent fizziness tasted also decreased, so the acidity may interfere with the sensory perception of fizziness.

In the sweetened and flavoured product the use of UHT and trim milk change the taste and texture of the product. These changes may not be perceived as unpleasant and may improve the product in some circumstances.

Product Additives Flavour A number of different flavouring options have been tried with bench top sensory testing. Comments on some of these flavours have been assembled in tables 1-3 with the most favourable listed in table 1 and least favourable in table 3. However, there is an infinite number of possible flavour combinations. The flavour selected will be dependent upon market research and the attitude of the consumers and therefore effective market research is crucial.

The best flavours included tutti fruity, cappuccino, grape/blueberry and orange/chocolate, and blackcurrant. Tutti fruity was a flavour that would likely appeal to children while cappuccino would appeal to young adults. Grape and blueberry is a fruity flavour, which may appeal to both old and young alike. Blackcurrant was also a flavour liked but it may require another flavour to be added to add another dimension to the product.

Some of the creamy flavours did not match the product well, which may have been due to the fizzy and acidic nature of the product.

Some traditional flavours such as strawberry and other fruit flavours did go reasonably well with the product and are possibilities.

Table 1 details flavours tested which matched product very well; Table 2 details flavours tested which matched product reasonably well; and Table 3 details flavours that did not match the product well.

Sweeteners Carbonated milk requires the addition of sweeteners. Without sweeteners the product is very acidic and heavy. The sweetener used will depend upon the market demands as both artificial sweetener and sugar have good and bad connotations. If we want to keep the product as close to fresh milk as possible then the addition of artificial sweetener may be the best option but the addition will add an artificial sweetener label to the product and a warning that the product contains phenylalanine in the case of aspartame. Alternatively we can add sugar at appropriate levels to obtain a product with no artificial sweetener although the carbohydrate content will increase accordingly.

Artificial sweetener The artificial sweeteners tested in the trials were aspartame and alitame. Aspartame and alitame are claimed to have 200 and 2000 times the sweetness of sugar respectively.

The sweeteners were tested at various levels in pasteurised whole milk at approximately 3.3 volumes CO2. The maximum levels of aspartame and alitame allowed in a milk beverage are 1100mg/kg and 40mg/kg respectively. These levels in milk were excessively sweet and not required. The level of artificial sweetener was dependent upon the flavour added however a level of 0.025% aspartame proved to be sufficient to improve the product considerably. Levels of 0.05% were too high while 0.0125% too low. The most appropriate Alitame level was between 0.00125% and 0.0025%.

The proportion of artificial sweetener added will depend upon the degree of carbonation as the increasing carbonation levels increase the acidity and hence more sweeteners are required.

Aspartame was selected, as it was one that many people are familiar with.

Sugar Sugar is another sweetening alternative especially if there are concerns about the use of artificial sweeteners. The product label must specify sugar content, including the lactose in the milk. This may give an appearance of high-added sugar content.

Colours The colour to be added must match the product and must be an approved additive in the food regulations. The colour selected is important, as oil and Smoothex are easier to see in certain colours. c) Prototype Products Selected Figure 9: Illustrates prototype products. Flavours from left to right: Cappuccino, Tutti Fruity, Orange and Chocolate, Grape and Blueberry Tutti Fruity Flavour Tutti Fruity has a fruity flavour. The colour selected is pinkish but an alternative colour could include light orange. The product tastes quite sweet as it is designed for children.

The Smoothex at the 0.05% level can be seen in the product on the top however this is not as noticeable as in other coloured milks or milks containing almond oil.

Tutti Fruity with alitiond oil Ingredients: Pasteurised Whole milk (99.522%), Almond oil (0.4%), Flavour (Tutti Fruity 0. 1%), Aspartame-acesulphame salt (E962) (0.025%), Colour (Ponceau 4R (E124)) (0.003%).

Tutti Fruity witlz SrzootlzexTM Ingredients: Pasteurised Whole milk (99. 872%), Flavour (Tutti Fruity 0.1%), SmoothexTM SMG (0.05%), Aspartame-acesulphame salt (E962) (0.025%), Colour (Ponceau 4R (E124)) (0.003%).

Cappuccino

The taste is that of coffee/cappuccino. The product is much sweeter than a traditional cappuccino but this may be expected in this type of product. This may appeal to the young adults category, and the fizziness may match the connotations of a frothy cappuccino.

Caffeine can also be added as people may expect this along with vitamins and minerals making it an energy drink.

Cappucciz10 with almond oil Ingredients: Pasteurised Whole milk (99. 518%), Almond oil (0.4%), Flavour (Cappuccino 0.1%), Aspartame-acesulphame salt (E962) (0.025%), Colour (Brown HT (E155)) (0.007%).

Cappuccino with Smoothex Ingredients: Pasteurised Whole milk (99. 868%), Flavour (Cappuccino 0.1%), Smoother SMG (0.05%), Aspartame-acesulphame salt (E962) (0.025%), Colour (Brown HT (E155)) ( (0.007%) Orange and Chocolate Orange and chocolate is a traditional flavour but has a good match and the connotation of chocolate in a product is appealing to a lot of people. The orange and chocolate has strong orange flavour that dominates the product but the chocolate flavour still comes through. The product again is quite sweet but this is to be expected with this type of product. This is a flavour that may appeal to children and young adults.

Orange and Cliocolate with almond oil Ingredients: Pasteurised Whole milk (99.518%), Almond oil (0.4%), Flavour (Orange 0.05%, Chocolate 0.05%), Aspartame-acesulphame salt (E962) (0.025%), Colour (Sunset Yellow FCF) (E110)) (0.004%), (Brown HT (E155)) ( (0. 003%).

Orange and Cliocolate witli SynootheXTM Ingredients: Pasteurised Whole milk (99.868%), Flavour (Orange 0.05%, Chocolate 0.05%), Smoothex SMG (0.05%), Aspartame-acesulphame salt (E962) (0.025%), Colour (Sunset Yellow FCF) (E110)) (0.004%), (Brown HT (E155)) ( (0. 003%).

Grape and Blueberry

Grape and Blueberry is a fruity flavour, much like grape hubba bubba, with the grape flavour coming through strongly. The fruity flavour may be the option if trying to compete alongside products such as'v'by Frucor and the fizziness matches well with the grape flavour. This flavour may be the targeted toward either children or young adults.

Grape and Blueberry with almond oil Ingredients: Pasteurised Whole milk (99. 518%), Almond oil (0.4%), Flavour (Grape 0.05%, Blueberry 0.05%), Aspartame-acesulphame salt (E962) (0.025%), Colour (Ponceau 4R) (E124)) (0.005%), (Brilliant Blue (E133)) ( (0. 002%).

Grape and Blueberry witla SnaoothexTM Ingredients: Pasteurised Whole milk (99. 868%), Flavour (Grape 0.05%, Blueberry 0.05%), Smoother SMG (0.05%), Aspartame-acesulphame salt (E962) (0.025%), Colour (Ponceau 4R) (E124)) (0.005%), (Brilliant Blue (E133)) ( (0. 002%).

Oil and Antifoam Additives As mentioned both antifoams were visible in prototype products. Almond oil could be seen on the surface of the milk, both in the bottle and when poured, while the Smoother could be seen forming smaller particles (1) around the edges. Almond oil can be seen clearly in Figure 10 below, but the Smoothex is less visible but still apparent around the edges.

Figure 10: illustrates Grape and Blueberry carbonated milk containing from left to right: 0.05% Smoothex, and 0.4% almond oil.

All the above additives are optional and any suitable additive may be used with the invention.

Process to be used The method used for carbonation in these trials involved adding the ingredients to the milk and holding the milk in a C02 pressurised vessel at 0°C until the desired volume of C02 was achieved.

This process is not used on an industrial scale. However any suitable method may be used for the boutique or industrial scale. In the industrial process the carbonation takes place in a large carbonation tank where C02 is passed through a sintered stone making the bubbles extremely small.

The C02 dissolves in the milk until the desired concentration is achieved then the carbonated milk is

pumped through a tube at the bottom of the tank and filled into a bottle under pressure. The pressure is released and the cap applied.

There are two problems that may occur with the industrial process. Firstly foaming may occur in the pressure vessel. Addition of Smoother or oil to the pressure tanks may counter the formation of excessive foam and allow the product to be carbonated directly. The second problem is that foaming may occur during bottling and therefore antifoam agents or oil should be added at appropriate levels to counter these effects. Oil and SmoothexTM can float to the top of the pressure tank and hence not be distributed evenly into the bottles and therefore their addition to the bottle before the addition of milk is the best option.

Milk can be purchased post heat treatment from Fonterra co-operative group or Mainland but the milk may still need to be heat treated once reaching the plant to ensure that no contamination has occurred in transit. Tankers can be hired to transport the milk from the milk plant to the bottling factory, which needs the equipment to physically accept the milk from tanker.

Scale Up Trials The process used at Massey did not reflect a commercial process and therefore scale up trials are very important for the future development of the product. Scale up trials will show us whether foaming during processing is a problem or whether it is only the foaming of the bottled product.

The samples can also be tested to see whether they taste the same when produced on a larger scale and can be used for in-home consumer testing and product life determination. It is important to get this information before approaching companies. Scale-up trials are therefore crucial.

Modifications to product Modifications will need to be made to the prototype products to obtain the desired level of carbonation to meet the consumer's expectations. The sweetness and flavours also need to be trialled via sensory testing (in-home consumer) to optimise these products. Modifying or changing ingredients is also important to decrease the costs of the product. Vitamins and minerals can be added along with caffeine, if desired, to the young adult product to compete alongside'v'.

Market Analysis Market analysis is crucial to determine the flavours to be selected. Essentially any flavour can be developed and there are many flavours that suit the product well. The goal has been to make milk "cool"and therefore the traditional flavours may not be applicable. On the other hand people may want the traditional flavours and marketing may have be hyped up to make it"cool". Either way the flavours need to be selected from the consumer groups targeted.

Define Product/Product life The carbonated milk beverage needs to be defined. This means that the colour needs to be quantified and the composition analysed. The product life has not yet been determined and storage trials need to be completed on scaled up products. As the pH of the milk has decreased from 6. 8 to approximately 5.7 the milk will likely have an extended life compared to other pasteurised milk products. With a UHT product microbiological growth may not be the main factor causing product spoilage and is a more logical option for production.

Food Regulations The Australian and New Zealand Food Standards Code governs the selling a product on the New Zealand and Australian markets and dictates what can and cannot be added to certain foods.

Similar regulatory standards exist in other countries and thus require compliance for supply of the product. In New Zealand the following applies: Food Additives Covers what additives and the levels that can be added including, artificial sweeteners, colours, flavours, and artificial antifoam agents.

Vitamins and minerals Covers the addition of vitamins and minerals to the milk beverage.

In general Smoothex can be added under good manufacturing practices (GMP), aspartame can be added up to 1100mg/kg, and colours up to 70mg/kg for the colours used in these trials and others

added under GMP. Flavours can be added to beverages but they must be safe to consume as stated under the additives schedule.

These legal requirements along with others mentioned in the standard need to be looked at in more depth as required for individual countries.

As can be appreciated variations to and from the above described embodiments may be made without deviating from the scope of the present invention.

It should also be understood that the term"comprise"where used herein is not to be considered to be used in a limiting sense. Accordingly,'comprise'does not represent nor define an exclusive set of items, but includes the possibility of other components and items being added to the list.

This specification is also based on the understanding of the inventor regarding the prior art. The prior art description should not be regarded as being an authoritative disclosure of the true state of the prior art but rather as referring to considerations in and brought to the mind and attention of the inventor when developing this invention.

Aspects of the present invention have been described by way of example only and it should be appreciated that modifications and additions may be made thereto without departing from the scope thereof, as defined in the appended claims.