Canada Proposes New Measures to Import Critical Foods During Shortages

On June 30, 2025, Health Canada announced an updated proposal to allow exceptional importation of certain Foods for Special Dietary Purpose (FSDP) to address ongoing or imminent shortages – primarily affecting infant formula, human milk fortifiers, and formulated liquid diets.

Compared to the previous proposal, updates were made to streamline its requirements, to address targeted feedback from stakeholders, and to better align with the Food and Drugs Act. Health Canada is seeking public feedback on the proposal until August 14, 2025, with the goal of implementing the final order before the current interim policy expires at the end of the year.

1. Background: A Fragile Supply Chain 

Canada's access to Foods for Special Dietary Purposes (FSDP) is vulnerable to supply shocks from manufacturing delays, global shipping issues, or sudden demand spikes. Health Canada notes that the country's relatively small market and reliance on a few key suppliers can amplify the impact of any disruption.

Current food regulations are not designed for rapid response, making it difficult to import foreign-approved alternatives quickly in an emergency. Since March 2022, Health Canada has used an interim policy that relies on "enforcement discretion" to manage shortages, but this stop-gap measure is set to expire on December 31, 2025. The new proposal aims to replace it with a more formal and reliable system.

2. How the Proposed System Would Work 

Under the new framework, the Minister of Health would be granted the authority to issue a ministerial exemption order when a shortage of a critical FSDP is confirmed or deemed imminent. This order would permit the temporary importation and sale of designated foods from approved foreign sources, even if they don't meet all of Canada's standard requirements for things like bilingual labeling or minor nutrient composition.

The exemption would apply to essential products, including:

• Human milk substitutes (infant formula)

• Human milk fortifiers

• Formulated liquid diets

Note: Products for inherited metabolic disorders are not included, as they are governed by a separate interim policy.

3. Strict Consumer Safeguards 

While designed for flexibility, the proposal includes strict conditions to ensure consumer safety. Key requirements for importers include:

• Bilingual Information: Importers must provide all purchasers with a document containing essential product details—such as ingredients, allergens, nutritional facts, and safe handling instructions—in both English and French.

• Importer Notification: Importers must notify Health Canada with the details of each shipment before the product can be sold in Canada.

• Safety Reporting: Companies must immediately report any health or safety issues related to the imported products directly to Health Canada.

4. Next Steps 

This proposed ministerial order is intended as a temporary bridge, designed to replace the expiring interim policy. It will remain in effect until permanent amendments to the Food and Drug Regulations (Divisions 24 and 25) can be developed and implemented to address FSDP shortages in the long term.