G/TBT/N/CAN/704  
2 August 2023  
(23-5231) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English /French  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  CANADA  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:   
Department of Health  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
Canada's Notification Auth ority and Enquiry Point  
Technical Barriers and Regulations Division  
Global Affairs Canada  
111 Sussex Drive  
Ottawa, Ontario K1A 0G2  
Canada  
Tel.: (343) 203 4273  
Fax.: (613) 943 0346  
E-mail.: enquirypoint@international.gc.ca  
3. Notified under Article 2.9.2 [X], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addit ion, where applicable):  ICS Code: 
67.100.99  
5. Title, number of pages and language(s) of the notified document:  Notice of Intent 
regarding the Minister of Health's intention to publish Marketing Authorizations to permit 
vitamin D fortification of yogurt and kefir and expand the eligibility for the dairy -related 
exemption from the front -of-package nutrition labelling requirement.; (3 page(s), in 
French), (3 page(s), in English)  
6. Description of content:  The proposed targeted regul atory amendments would permit 
the vitamin D fortification of yogurt and kefir that are made from dairy products and 
expand the eligibility for the dairy -related exemption from the front -of-package (FOP) 
nutrition labelling requirement by implementing a low er calcium threshold. This would be 
accomplished by ministerial regulations in the form of Marketing Authorizations made 
under the authority of s. 30.3 of the Food and Drugs Act .  
Health Canada intends to create new options for vitamin D fortified foods by  permitting 
its addition to yogurt and kefir (a fermented milk drink similar to a thin yogurt) that are 
made from dairy products to the following levels: 5 µg/100 g in yogurt; 5.2 µg/100 mL 
in drinkable yogurt; and 2.7 µg/100 mL in kefir. These quantities are based on total 
vitamin D per 100 g or 100 mL.  G/TBT/N/CAN/704  
 
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  In July 2022, the F ood and Drug Regulations  (FDR) were amended to add a requirement 
for FOP nutrition symbol labelling for most prepackaged  products containing nutrients of 
public health concern (saturated fat, sugars and/or sodium) at or above specified 
thresholds. To mitigate the concern that the FOP nutrition symbol could negatively impact 
calcium intakes, the regulations include an exempt ion for cheese or yogurt – including 
drinkable yogurt – that are made from dairy products, buttermilk and kefir. To be eligible 
for the exemption, products must contain ≥ 10% or 15% of the calcium daily value (DV), 
depending on the reference amount. Health  Canada intends to expand the eligibility for 
this existing exemption by implementing a lower calcium threshold of 5% of the DV, 
regardless of the reference amount. The exemption and threshold will continue to apply 
to cheese or yogurt – including drinkabl e yogurt – that are made from dairy products, 
buttermilk and kefir.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  The objectives of the proposed targeted regulatory amendments are to:  
• help Canadians meet their vitam in D requirements by creating new options for 
vitamin D fortified foods by permitting its addition to yogurt and kefir that are 
made from dairy products; and  
• address concerns raised regarding the potential impact of FOP nutrition labelling 
on calcium intakes by expanding the eligibility for the dairy -related exemption 
from FOP nutrition labelling by implementing a lower calcium threshold of 5% of 
the DV, regardless of the reference amount.  
8. Relevant documents:   
Canada Gazette, Part II, July 20, 2022: Regulations Amending the Food and Drug 
Regulations (Nutrition Symbols, Other Labelling Provisions, Vitamin D and Hydrogenated 
Fats or Oils): SOR/2022 -168 
https://canadagazette.gc.ca/rp -pr/p2/2022/2022 -07-20/html/sor -dors168 -eng.html  
(English)  
https://canadagazette.gc.ca/rp -pr/p2/ 2022/2022 -07-20/html/sor -dors168 -fra.html  
(French)  
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  These Regulations come into force on the day of 
their publication in the Canada Gazette, Part II.  
10. Final date for comments:  30 August 2023  
11. Texts available from:  National enquiry point [X] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
The electronic version of the notice of the proposed regulatory changes can be 
downloaded at:  
https://www.canada.ca/en/health -canada/services/food -nutrition/public -involvement -
partnerships/notice -intent -marketing -authorizations -permit -vitami n-d-fortification -
yogurt -kefir-expand -eligibility -dairy-related -exemption -front-of-package -nutrition -
labelling -requirement.html  (English)  
https://www.canad a.ca/fr/sante -canada/services/aliments -nutrition/participation -
public -partenariats/avis -intention -autorisations -mise-marche -permettre -
enrichissement -vitamine -d-yogourt -kefir-etendre -portee -exemption -etiquetage -
nutritionnel -devant -emballage -cible-certains -produits -laitiers.html  (French)