. /.   WORLD TRADE  
ORGANIZATION  G/SPS/N/CAN/393 
14 July 2009  
 (09-3429) 
Committee on Sanitary a nd Phytosanitary Measures Original:   English/ 
 French 
 
 
 
NOTIFICATION  
 
1. Notifying Member:  CANADA  
If applicable, name of local government involved:    
2. Agency responsible:  Health Canada 
3. Products covered (provide tariff item number(s) as specified in national schedules 
deposited with the WTO; ICS numbers should be provided in addition, where 
applicable):  Food additives (ICS Codes 67.040, 67.100, 67.220, 67.230) 
4. Regions or countries likely to be affected, to the extent relevant or practicable: 
[ X ] All trading partners, or [   ] Specific regions or countries:    
5. Title of the notified document:  Proposed Amendment to the Food and Drug Regulations 
(1587 — Food Additives)  Language:  English and French  Number of pages:  3 
6. Description of content:  The Food and Drug Regulations  ("the Regulations") regulate the 
sale and use of food additives in Canada, lis ting the permitted food additives and how they 
may be used.  Health Canada has received a submission from industry requesting that the 
Regulations be amended to permit the use of sodium hexametaphosphate at a maximum 
level of use of 148 parts per million (p.p.m.) as a sequestering agent in liquid whey during 
the evaporation process, resulting to a level of 731  p.p.m. in the concentrated or dried whey 
products following the evaporation process.  Th e evaporated products would include whey 
liquid concentrate, powder and its derivatives; whey liquid or powder protein concentrate; 
and whey lactose liquid concentrate or powder.  These concentrated or dried whey products 
would be used as ingredients in a variety of foods including infant formula. 
Evaluation of available data supports the safety and effectiveness of this food additive in 
the above-specified use.  Therefore, it is pr oposed to amend the Regulations to permit the 
use of sodium hexametaphos phate in liquid whey as a sequestering agent for the 
manufacture of concentrated or dried whey products at a maximum level of use not 
exceeding 800 p.p.m. in the concentrated or dried whey products, and to permit these whey 
products to be used in infant formula.  Since there are no safety concerns regarding the use 
of sodium hexametaphosphate as a sequestering agent in liquid whey, the proposed 
amendments would also permit the resulting ev aporated whey products to be used as 
ingredients in a variety of foods that are not currently the subject of submissions to Health Canada. G/SPS/N/CAN/393 
Page 2  
 
  7. Objective and rationale:  [ X ] food safety, [   ] animal health, [   ] plant protection, [  
 ] protect humans from animal/plant pest or disease, [   ] protect territory from other damage from pests.    
8. Is there a relevant international stan dard?  If so, identify the standard:  
[   ] Codex Alimentarius Commission (e.g.  title or serial number of Codex standard 
or related text)    
[   ] World Organization for Animal Health (OIE) (e.g. Terrestrial or Aquatic 
Animal Health Code, chapter number)     
[   ] International Plant Protection Convention (e.g.  ISPM N°)     
[ X ] None Does this proposed regulation conform to the relevant international standard?   
 [   ] Yes   [   ] No 
 If no, describe, whenever possible, how and why it deviates from the 
international standard:    
9. Other relevant documents and language (s) in which these are available:  Canada 
Gazette , Part I, 4 July 2009, Pages 1989-1991 (available in English and French) 
10. Proposed date of adoption (dd/mm/yy) :  Normally within 5 to 8 months of publication in 
the Canada Gazette , Part I  
Propose date of publication ( dd/mm/yy) :  Normally within 5 to 8 months of publication in 
the Canada Gazette , Part I 
11. Proposed date of entry into force:  [   ] Six months from date of publication , and/or  
(dd/mm/yy) :  On the date the measure is adopted. 
[   ] Trade facilitating measure  
12. Final date for comments: [   ] Sixty days from the date of circulation of the 
notification and/or ( dd/mm/yy ):  17 September 2009 
Agency or authority designated to handle comments:  [   ] National Notification 
Authority, [ X ] National Enquiry Point.  Address, fax number and E-mail address (if 
available) of other body:     
13. Texts available from:  [   ] National Notification Authority, [ X ] National Enquiry 
Point.  Address, fax number and E-mail address (if available) of other body:    
The electronic version of the regulatory text can be downloaded at:  
http://www.gazette.gc.ca/rp-pr/ p1/2009/2009-07-04/p df/g1-14327.pdf  (Canada Gazette ) 
or  
http://www.gazette.gc.ca/rp-pr/p1/ 2009/2009-07-04/html/reg3-eng.html  (English) 
http://www.gazette.gc.ca/rp-pr/p1/ 2009/2009-07-04/html/reg3-fra.html   (French)