Notice of Intent to Repeal Sixteen Food-Related Marketing Authorizations

January 29, 2024

Purpose

The purpose of this Notice of Intent is to inform people living in Canada of the Minister of Health's intention to make the Marketing Authorization repealing certain Marketing Authorizations issued under the Food and Drugs Act, which would repeal the following 16 food-related marketing authorizations:

1. Marketing Authorization for Food Additives That May Be Used as Anticaking Agents (SOR/2012-202)
2. Marketing Authorization for Food Additives That May Be Used as Bleaching, Maturing or Dough Conditioning Agents (SOR/2012-203)
3. Marketing Authorization for Food Additives That May Be Used as Colouring Agents (SOR/2012-204)
4. Marketing Authorization for Food Additives That May Be Used as Emulsifying, Gelling, Stabilizing or Thickening Agents (SOR/2012-205)
5. Marketing Authorization for Food Additives That May Be Used as Food Enzymes (SOR/2012-206)
6. Marketing Authorization for Food Additives That May Be Used as Firming Agents (SOR/2012-207)
7. Marketing Authorization for Food Additives That May Be Used as Glazing or Polishing Agents (SOR/2012-208)
8. Marketing Authorization for Food Additives with Other Accepted Uses (SOR/2012-209)
9. Marketing Authorization for Food Additives That May Be Used as Sweeteners (SOR/2012-210)
10. Marketing Authorization for Food Additives That May Be Used as pH Adjusting Agents, Acid-Reacting Materials or Water Correcting Agents (SOR/2012-211)
11. Marketing Authorization for Food Additives That May Be Used as Preservatives (SOR/2012-212)
12. Marketing Authorization for Food Additives That May Be Used as Sequestering Agents (SOR/2012-213)
13. Marketing Authorization for Food Additives That May Be Used as Starch-Modifying Agents (SOR/2012-214)
14. Marketing Authorization for Food Additives That May Be Used as Yeast Foods (SOR/2012-215)
15. Marketing Authorization for Food Additives That May Be Used as Carrier or Extraction Solvents (SOR/2012-216)
16. Marketing Authorization for Vitamin D in Milk, Goat's Milk and Margarine: SOR/2021-278

Background and Rationale

The authority to make marketing authorizations (MAs) is provided to the Minister of Health pursuant to sections 30.2 to 30.4 of the Food and Drugs Act (FDA). MAs are a form of ministerial regulation that enable the Minister to implement certain food safety decisions by exempting from prohibitions found in either the FDA or the Food and Drug Regulations (FDR). Additionally, MAs can be used to define classes, set conditions for the exemption and incorporate documents by reference.

Repealing the 15 food additive-related marketing authorizations (marketing authorizations numbered 1 to 15 in this notice)

The 15 food additive-related marketing authorizations were published in October 2012 as a measure to modernize the regulation of food additives in Canada. Each MA corresponds to a specific food additive purpose(s) of use (e.g. anticaking agent; preservative; bleaching, maturing or dough conditioning agent) and incorporates by reference a list of food additives permitted for that purpose(s). The MAs authorize the food additive uses that are set out in the Lists by exempting a food to which a listed food additive is added from the application of certain prohibitions in the FDA and FDR. The fifteen lists, known collectively as the Lists of Permitted Food Additives, are Health Canada's official up-to-date repository of substances that are permitted for use as food additives in or on foods sold in Canada.

On November 4, 2023, the proposed Regulations Amending Certain Regulations Concerning Food Additives and Compositional Standards, Microbiological Criteria and Methods of Analysis for Food were pre-published in the Canada Gazette, Part I for public comment. As part of this regulatory proposal, Health Canada is seeking to amend the FDR to update, consolidate and streamline food additive-related provisions under a revised Division 16. This includes the proposed incorporation by reference of the 15 Lists of permitted food additives directly into the FDR. As the Lists will be incorporated by reference directly in the revised Division 16, the Minister of Health is proposing to repeal the 15 food additive-related marketing authorizations as they would no longer be needed. Health Canada would continue to manage the Lists of permitted food additives through the Department's established administrative process.

Repealing the Marketing Authorization for Vitamin D in Milk, Goat's Milk and Margarine (the marketing authorization numbered 16 in this notice)

The Marketing Authorization for Vitamin D in Milk, Goat's Milk and Margarine (SOR SOR/2021-278) was published in December 2021 as an interim measure to permit food manufacturers to increase the amount of vitamin D in cow's milk, goat's milk and margarine until the necessary amendments were made to the relevant provisions of the FDR. Those amendments were made on June 28, 2022, as part of the Regulations Amending the Food and Drug Regulations (Nutrition Symbols, Other Labelling Provisions, Vitamin D and Hydrogenated Fats or Oils): SOR/2022-168. With the amendments now in force, the Minister of Health is proposing to repeal this marketing authorization as it is no longer needed.

Coming into force

The proposed repeal of the Marketing Authorization for Vitamin D in Milk, Goat's Milk and Margarine (SOR SOR/2021-278) would take place the day on which the Marketing Authorization repealing certain Marketing Authorizations issued under the Food and Drugs Act is registered.

The 15 food additive marketing authorizations would be repealed on the same day that the Regulations Amending Certain Regulations Concerning Food Additives and Compositional Standards, Microbiological Criteria and Methods of Analysis for Food are published in the Canada Gazette, Part II.

Public Comments

Interested persons may make representations regarding the Minister of Health's proposal as described in this notice within 75 calendar days after the date of publication of this notice (by April 14, 2024).

Representations may be submitted by email or in paper format to Health Canada's Bureau of Policy, Intergovernmental and International Affairs (BPIIA) at the contact information provided below. Please specify 'NOI_MA Repeal/AI_Abrogation AMM' in the subject line of your correspondence.

Contact Information:

Bureau of Policy, Intergovernmental and International Affairs, Food Directorate
251 Sir Frederick Banting Driveway
Tunney's Pasture, PL: 2204C
Ottawa, Ontario (CANADA) K1A 0K9
E-mail: bpiia-bpaii@hc-sc.gc.ca