Committee on Sanitary and Phytosanitary Measures - Notification - Canada - Caffeinated beverages

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): Caffeinated beverages (ICS code: 67.160.20)

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: Proposal to modify the List of Permitted Supplemental Ingredients to permit 30% juice in certain caffeinated beverages. Language(s): English and French. Number of pages:

6.

Description of content: Health Canada's Food and Nutrition Directorate received a pre-market submission to modify the List of Permitted Supplemental Ingredients to permit no more than 30% juice in foods belonging to the category listed in item 1 of the List of Permitted Supplemented Food Categories, permitted to contain added caffeine as a supplemental ingredient and a total caffeine content from all sources of more than 150 p.p.m.

The Food and Nutrition Directorate also identified that specific terminology used in column 5 of caffeine entry (1) (Part IV: Other Supplemental Ingredients, C.1) in the List of Permitted Supplemental Ingredients does not align with the phrasing in column 5 for caffeine entry (2). Additionally, in the French version of the List, the wording for the corresponding entry for caffeine (2) is not an accurate translation of the English version. As a result, minor inconsistencies in the indicated caffeine entries are present in the English and French versions of the List.

The purpose of the notice is to publicly announce Health Canada's intentions in this regard and provide the appropriate contact information for those wishing to submit comments on the proposal.

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 standard? 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: Health Canada's Food and Nutrition website: https://www.canada.ca/en/health-canada/services/food-nutrition/legislation-guidelines/acts-regulations/notices-proposal-notices-modification.html, Notices of proposal and notices of modification, posted on 25 July 2025 (available in English and French)

10.

Proposed date of adoption (dd/mm/yy): The proposed modifications will be legally enabled once published in the List of Permitted Supplemental Ingredients.

https://www.canada.ca/en/health-canada/services/food-nutrition/supplemented-foods/list-permitted-food-ingredients.html

Proposed date of publication (dd/mm/yy): Not applicable

11.

Proposed date of entry into force: [ ] Six months from date of publication, and/or (dd/mm/yy): Modifications to the List of Permitted Supplemental Ingredients come into force the day they are made to the list.

https://www.canada.ca/en/health-canada/services/food-nutrition/supplemented-foods/list-permitted-food-ingredients.html

[ ]      Trade facilitating measure

12.

Final date for comments: [ ] Sixty days from the date of circulation of the notification and/or (dd/mm/yy): 8 October 2025

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.

Text(s) available from: [ ] National Notification Authority, [X] National Enquiry Point. Address, fax number and e-mail address (if available) of other body:

The notice "Proposal to modify the List of Permitted Supplemental Ingredients to permit 30% juice in certain caffeinated beverages" is available through the following weblinks:

https://www.canada.ca/en/health-canada/services/food-nutrition/legislation-guidelines/acts-regulations/notices-proposal-notices-modification/list-permitted-supplemental-ingredients-30-percent-juice-caffeinated-beverages.html (English)

https://www.canada.ca/fr/sante-canada/services/aliments-nutrition/legislation-lignes-directrices/lois-reglements/avis-proposition-avis-modification/liste-ingredients-supplementaires-autorises-30-pour-cent-jus-boissons-cafeinees.html (French)

Or requested from:

Canada's Notification Authority 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