Cannabis Regulations (SOR/2018-144)

Marginal note:Number of brand elements

104.18 It is prohibited to promote cannabis, a cannabis accessory or a service related to cannabis under subsection 17(6) of the Act in a manner that results in the same brand element being displayed more than once on a thing referred to in that subsection or in more than one brand element being displayed on the thing.

Marginal note:Public place frequented mainly by young persons

104.19 It is prohibited to promote cannabis, a cannabis accessory or a service related to cannabis under subsection 17(6) of the Act by displaying a brand element of cannabis, of a cannabis accessory or of a service related to cannabis on any thing that is in a school, a public playground, a daycare facility or any other public place frequented mainly by young persons or that is visible from such a place.

Marginal note:Dimensions of brand element

104.2 A brand element referred to in subsection 17(6) of the Act must meet the following requirements:

• (a) the surface area must be smaller than or equal to 300 cm²; and

• (b) the height of any letter, character or number must be smaller than or equal to 4 cm.

PART 7Packaging and Labelling

Definitions

Marginal note:Definitions

• 105 (1) The following definitions apply in this Part.

  common name

  common name, in respect of edible cannabis, has the same meaning as in subsection B.01.001(1) of the Food and Drug Regulations. (nom usuel)

  Common Names for Ingredients and Components Document

  Common Names for Ingredients and Components Document means the document entitled Common Names for Ingredients and Components, prepared by the Canadian Food Inspection Agency and published on its website, as amended from time to time. (Document sur les noms usuels d’ingrédients et de constituants)

  daily value

  daily value means

  • (a) in the case of a nutrient set out in column 1 of Part 1 of the Table of Daily Values, as defined in subsection B.01.001(1) of the Food and Drug Regulations, the quantity set out in column 3; and

  • (b) in the case of a nutrient set out in column 1 of Part 2 of the table referred to in paragraph (a), the quantity set out in column 4. (valeur quotidienne)

  energy value

  energy value means, in respect of a cannabis product, the amount of energy made available to a person’s body when the chemical components of the cannabis product, including protein, fat, carbohydrate and alcohol, are metabolized following ingestion of the cannabis product by the person. (valeur énergétique)

  expiry date

  expiry date means the date, expressed at minimum as a year and month, that is the end of the stability period of a cannabis product. (date limite d’utilisation)

  exterior display surface

  exterior display surface means the area on the exterior surface of an immediate container to which a label is applied and that is visible under customary conditions of purchase or use. (espace extérieur d’affichage)

  exterior surface

  exterior surface includes a label or an image. (surfaces extérieures)

  fat

  fat has the same meaning as in subsection B.01.400(1) of the Food and Drug Regulations. (lipides)

  food allergen

  food allergen has the same meaning as in subsection B.01.010.1(1) of the Food and Drug Regulations. (allergène alimentaire)

  food allergen source, gluten source and added sulphites statement

  food allergen source, gluten source and added sulphites statement means a statement appearing on the label of any container in which edible cannabis — or a cannabis accessory that contains edible cannabis — that is a cannabis product is packaged that indicates the source of a food allergen or gluten that is present in the cannabis product or the presence in the cannabis product of added sulphites in an amount of 10 p.p.m. or more. (mention des sources d’allergènes alimentaires ou de gluten et des sulfites ajoutés)

  gluten

  gluten has the same meaning as in subsection B.01.010.1(1) of the Food and Drug Regulations. (gluten)

  immediate container

  immediate container[Repealed, SOR/2019-206, s. 30]

  INCI name

  INCI name has the same meaning as in subsection 2(1) of the Cosmetic Regulations. (appellation INCI)

  label

  label does not include a panel referred to in paragraph 132.27(1)(b). (étiquette)

  p.p.m.

  p.p.m. means parts per million by weight. (p.p.m.)

  principal display panel

  principal display panel has the same meaning as in subsection 2(2) of the Consumer Packaging and Labelling Regulations. (espace principal)

  saturated fatty acids

  saturated fatty acids, saturated fat, saturates or saturated has the same meaning as in subsection B.01.001(1) of the Food and Drug Regulations. (acides gras saturés, graisses saturées, gras saturés, lipides saturés ou saturés)

  standardized cannabis symbol

  standardized cannabis symbol means the symbol set out in the document entitled Standardized Cannabis Symbol, as amended from time to time and published by the Government of Canada on its website. (symbole normalisé du cannabis)

  sugars-based ingredient

  sugars-based ingredient has the same meaning as in subsection B.01.001(1) of the Food and Drug Regulations. (ingrédient à base de sucres)

  sulphites

  sulphites means one or more of the following food additives:

  • (a) potassium bisulphite;

  • (b) potassium metabisulphite;

  • (c) sodium bisulphite;

  • (d) sodium dithionite;

  • (e) sodium metabisulphite;

  • (f) sodium sulphite;

  • (g) sulphur dioxide; and

  • (h) sulphurous acid. (sulfites)

  trans fatty acids

  trans fatty acids, trans fat or trans has the same meaning as in subsection B.01.001(1) of the Food and Drug Regulations. (acides gras trans, graisses trans, gras trans, lipides trans ou trans)

• Marginal note:Definition of panel

  (2) For the purposes of sections 112 to 117, 121 and 132.13, subsections 132.27(2) to (7) and (9) and sections 132.28 to 132.32, panel means a panel referred to in paragraph 132.27(1)(b).

General Provisions

Marginal note:Requirement — sale and distribution of cannabis product

• 106 (1) A holder of a licence must not sell or distribute a cannabis product unless the applicable requirements set out in sections 108 to 136 have been met.

• Marginal note:Requirement — exportation of cannabis product

  (2) A holder of a licence must not export a cannabis product unless the requirements set out in paragraph 123(1)(a) and subparagraphs 123(1)(c)(ii) and (iv) have been met.

Marginal note:Exception — shipping container

107 The requirements set out in this Part do not apply in respect of a shipping container.

Packaging — Cannabis Products

Marginal note:Immediate container

108 The immediate container in which a cannabis product, other than a cannabis plant or cannabis plant seeds, is packaged must

• (a) be opaque or translucent;

• (b) prevent contamination of the cannabis;

• (c) in the case of dried cannabis, or a cannabis accessory that contains dried cannabis, keep the cannabis dry;

• (d) have a security feature that provides reasonable assurance to consumers that it has not been opened prior to receipt;

• (e) meet the requirements of a child resistant package under subsections C.01.001(2) to (4) of the Food and Drug Regulations; and

• (f) not contain more than the equivalent of 30 g of dried cannabis, as determined in accordance with subsection 2(4) of the Act.

Marginal note:Cannabis plant — not budding or flowering

• 109 (1) A cannabis plant must not be budding or flowering at the time of packaging.

• Marginal note:Cannabis plant — container

  (2) The container in which a cannabis plant is packaged must not contain more than four cannabis plants.

Marginal note:Cannabis plant seeds — immediate container

110 The immediate container in which cannabis plant seeds are packaged must

• (a) keep the cannabis plant seeds dry; and

• (b) not contain more than the equivalent of 30 g of dried cannabis, as determined in accordance with subsection 2(4) of the Act.

Marginal note:Brand element

111 Subject to the other provisions of these Regulations, the interior surface and exterior surface of any container in which a cannabis product is packaged must not display any brand element.

Marginal note:Image

112 Except as otherwise provided under the Act, any other Act of Parliament or any provincial Act, the interior surface, exterior surface and panel of any container in which a cannabis product is packaged must not display any image.

Marginal note:Uniform colour

• 113 (1) Except as otherwise provided under the Act, any other Act of Parliament or any provincial Act, the colour of the interior surface, exterior surface and panel of any container in which a cannabis product is packaged must be one uniform colour. However, the colour of each surface and the panel may be different.

• Marginal note:Colour — other requirements

  (2) The colour of the interior surface, exterior surface and panel must meet the following requirements:

  • (a) it must not have the lustre of metal or have metallic properties in the ink, such as Pantone Metallics or Pantone Premium Metallics;

  • (b) it must not be fluorescent, have fluorescent properties in the ink or have pigments that absorb ultraviolet energy and transmit it as a longer wavelength, such as the Pantone 800 series; and

  • (c) it must create a contrast with

    • (i) the yellow colour of the background of the health warning message, and

    • (ii) the red colour of the standardized cannabis symbol.

• Marginal note:Exception

  (3) Despite subsection (2),

  • (a) an interior surface that is made of metal may be the colour of the metal; and

  • (b) an exterior surface of an immediate container that is made of metal, excluding the label or any image, may be the colour of the metal.

114 [Repealed, SOR/2019-206, s. 33]

Marginal note:Texture

• 115 (1) Except as otherwise provided under the Act, any other Act of Parliament or any provincial Act, the interior surface, exterior surface and panel of any container in which a cannabis product is packaged and any covering of such a container must have a smooth texture without any raised features, embossing, decorative ridges, bulges or other irregularities.

• Marginal note:Non-application

  (2) Subsection (1) does not apply to the features of a container that are necessary to

  • (a) facilitate the opening and closing of the container; or

  • (b) assist visually impaired individuals.

Marginal note:Hidden features

• 116 (1) The interior surface, exterior surface and panel of any container in which a cannabis product is packaged and any covering of such a container must not include any hidden feature that is designed to change the appearance of the container, covering or panel, such as heat-activated ink or a feature that is visible only through technological means, except a feature that is used to prevent counterfeiting.

• Marginal note:Feature designed to change surface area

  (2) Subject to section 132.27, the interior surface and exterior surface of any container in which a cannabis product is packaged and any covering of such a container must not include any feature that is designed to change the surface area of the container or covering, such as a fold-out panel.