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On June 5, 2024, the Government of Canada published Canada Gazette, Part II, Volume 158, Number 12, including two new Marketing Authorizations (MAs) that impact certain dairy products, with immediate effect. The two MAs introduce changes pertaining to voluntary vitamin D fortification and front-of-package (FOP) labeling.
Voluntary vitamin D fortification
The first MA, SOR/2024-88, permits the voluntary addition of vitamin D to yogurt (including drinkable yogurt) and kefir (a fermented milk drink similar to thin yogurt), as long as meeting the allowable scope of vitamin D content. Vitamin D is an important nutrient for bone health, but it can be challenging for Canadians to consume the recommended amounts through their current diet. This change allows manufacturers to fortify these dairy products with vitamin D, providing consumers with an additional source of this essential nutrient.
Vitamin D levels for yogurt, drinkable yogurt and kefir
Food | Vitamin D | |
Yogurt made from dairy products | Plain | 5 μg/100 g |
Fruit or flavored | 3.8 to 5 μg/100 g | |
Drinkable yogurt made from dairy products | Plain | 5.2 μg/100 mL |
Fruit or flavored | 3.9 to 5.2 μg/100 mL | |
Kefir made from dairy products | Plain | 2.7 μg/100 mL |
Fruit or flavored | 2.3 to 2.7 μg/100 mL | |
Front-of-package (FOP) labeling
The second MA, SOR/2024-89, lowers the threshold for exemptions from FOP labeling requirements for certain dairy products. In 2022, Canada introduced FOP labeling for prepackaged foods high in saturated fat, sugar, and/or sodium. Many dairy products would have fallen under these FOP labeling rules.
However, the government has recognized that dairy products are an important source of calcium, which is a nutrient of concern due to inadequate intake in Canada. Applying the FOP label to these dairy items had a negative impact on their consumption, thereby reducing calcium intake. To address this, the new MA establishes a lower calcium threshold for cheese, yogurt, kefir, and buttermilk to qualify for exemption from the FOP labeling requirements.
Calcium content thresholds for the exemptions of dairy-related products from the FOP requirement
Legal basis | Reference amount ≤ 30 g or mL | Reference amount > 30 g or mL |
≥ 10% daily value (DV) per serving of stated size or reference amount, whichever is greater | ≥ 15% DV per serving of stated size or reference amount, whichever is greater | |
MA | ≥ 5% DV per serving of stated size or reference amount, whichever is greater | ≥ 5% DV per serving of stated size or reference amount, whichever is greater |
It is important to note that this MA does not repeal the calcium threshold set out in the FDR. Now both the MA and the FDR provide calcium thresholds that can be used to determine if a dairy product is eligible for the FOP labeling exemption.
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