WORLD TRADE  
ORGANIZATION  G/SPS/N/CAN/439 
30 March 2010  
 (10-1705) 
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 numbe r(s) as specified in national schedules 
deposited with the WTO;  ICS numbers should be provided in addition, where 
applicable):  Caffeine and caffeine citrate as food additives in non-alcoholic carbonated 
water-based flavoured and sweetened beve rages other than cola type beverages 
(ICS Codes:  67.160, 67.220) 
4. Regions or countries likely to be affected, to the extent relevant or practicable: 
[X] All trading partners   
[ ] Specific regions or countries:    
5. Title of the notified document:  Interim Marketing Authorization regarding the use of 
caffeine and caffeine citrate as food additiv es in non-alcoholic carbonated water-based 
flavoured and sweetened beverages other than cola type beverages  Language:  English 
and French  Number of pages:  2   
6. Description of content:  Health Canada has received a submission to permit the use of 
caffeine and caffeine citrate as food additiv es in non-alcoholic carbonated water-based 
flavoured and sweetened beverag es other than cola type bevera ges.  The maximum level of 
use of caffeine and caffeine citrate (calculated as caffeine), used singly or in combination in 
these beverages, would be 150 ppm in the finish ed product.  This authorization is intended 
to provide for the addition of caffeine a nd caffeine citrate to the beverages commonly 
referred to as carbonated soft drinks, other than cola type soft drinks.  This authorization 
does not change the provisions for the use of  caffeine and caffeine citrate in cola type 
beverages, which will continue  to be permitted at a maximu m level of use of 200 ppm in 
the finished product. 
Therefore, it is the intention of Health Canada to recommend that the Food and Drug 
Regulations  be amended to permit the use of caffe ine and caffeine citrate as food additives 
in non-alcoholic carbonated water-based flavour ed and sweetened beverages other than 
cola type beverages at a maximum level of use of 150 ppm used singly or in combination in 
the finished product. 
As a means to improve the responsiveness of th e regulatory system, an Interim Marketing 
Authorization is being issued to permit the i mmediate use of caffeine and caffeine citrate, 
as indicated above, while the regulatory pro cess is undertaken to amend the Regulations.  
The unstandardized foods described above are exempted from sections B.01.043 and 
B.16.007 of the Food and Drug Regulations . G/SPS/N/CAN/439 
Page 2  
 
  The proposed regulatory amendments would be  enabling measures to allow the sale of the 
beverages described above containing the food a dditives caffeine and caffeine citrate.  The 
amendments are supported by the safety assessment and would have a low impact on the economy and on the environment.  Consequen tly, the regulatory amendments may proceed 
directly to final approval and publication in the Canada Gazette , Part II. 
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 number)    
[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, 20 March 2010, Pages 452-45 3 (available in English and French) 
10. Proposed date of adoption (dd/mm/yy) :  Immediate for this IMA.  For the final regulation, 
normally within 12-18 months of publication of the Notice of Interim Marketing 
Authorization in the Canada Gazette , Part I, 20 March 2010. 
Proposed date of publication (dd/mm/yy) :    
11. Proposed date of entry into force:  [ ] Six months from date of publication , and/or  
(dd/mm/yy) :  Immediate for this IMA.  For the fi nal regulation, normally within 12-18 
months of publication of the Notice of Interim Marketing Authorization in the Canada 
Gazette , Part I, 20 March 2010. 
[ ] Trade facilitating measure   
12. Final date for comments:  [ ] Sixty days from the date of circulation of the notification 
and/or (dd/mm/yy) :  3 June 2010 
Agency or authority designated to handl e comments:  [ ] National Notification 
Authority, [X] National Enquiry Point.  Address, fax number and e-mail address (if 
available) of other body:     G/SPS/N/CAN/439 
 Page 3 
 
 
  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://canadagazette.gc.ca/rp-pr/p1/2010/2010-03-20/pdf/g1-14412.pdf   (Canada Gazette ) 
or 
http://canadagazette.gc.ca/ rp-pr/p1/2010/2010-03-20/html/notice-avis-eng.html#d106  
(English) http://canadagazette.gc.ca/ rp-pr/p1/2010/2010-03-20/html/notice-avis-fra.html#d106
 
(French)