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Cannabis Regulations (SOR/2018-144)

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Regulations are current to 2021-10-07 and last amended on 2020-10-17. Previous Versions

PART 6Cannabis Products (continued)

Cannabis Extracts and Cannabis Topicals (continued)

Marginal note:Uniform distribution — cannabinoids and terpenes

 The cannabinoids and terpenes in a cannabis extract, or a cannabis topical, that is a cannabis product — or that is contained in a cannabis accessory that is a cannabis product — must be uniformly distributed throughout the cannabis extract or cannabis topical.

Marginal note:Cannabis extract — external body surfaces

 A cannabis extract that is a cannabis product — or that is contained in a cannabis accessory that is a cannabis product — must not be represented for use, directly or indirectly, on external body surfaces, including hair and nails.

Edible Cannabis

Marginal note:Ingredients — edible cannabis

  •  (1) Edible cannabis that is a cannabis product — or that is contained in a cannabis accessory that is a cannabis product — must not contain any ingredients other than food and food additives.

  • Marginal note:Temporarily marketed foods

    (2) A food that is described in a Temporary Marketing Authorization Letter issued under subsection B.01.054(1) of the Food and Drug Regulations must not be used as an ingredient to produce edible cannabis referred to in subsection (1) and must not be a constituent of such an ingredient.

  • Marginal note:Meat products, poultry products and fish

    (3) A meat product, poultry product or fish, other than a food additive, must not be used as an ingredient to produce edible cannabis referred to in subsection (1) — and must not be a constituent of such an ingredient — unless the meat product, poultry product or fish

    • (a) has been produced by a person that is authorized to produce it under the laws of a province or the Safe Food for Canadians Act or has been imported in accordance with that Act; and

    • (b) has a water activity that does not exceed 0.85 at a temperature of 22 ± 2°C at the time the meat product, poultry product or fish is obtained by the holder of the licence for processing that is producing the edible cannabis.

  • Marginal note:Self-produced food

    (4) A holder of a licence for processing that produces a food may use it as an ingredient to produce edible cannabis referred to in subsection (1) — or as a constituent of such an ingredient — if

    • (a) the food is not a meat product, poultry product or fish; and

    • (b) the sale of the food would not be prohibited under section 4 of the Food and Drugs Act.

  • Marginal note:Food additives

    (5) A holder of a licence for processing may use a food additive as an ingredient to produce edible cannabis referred to in subsection (1) only if

    • (a) the edible cannabis would be a food that is the subject of a marketing authorization if the edible cannabis did not contain or have on it anything referred to in item 1 or 3 of Schedule 1 to the Act;

    • (b) the marketing authorization permits the food additive to be in or on the food;

    • (c) the conditions under which the marketing authorization permits the food additive to be in or on the food — including any maximum levels of use — are complied with; and

    • (d) the food additive is not caffeine or caffeine citrate.

  • Marginal note:Vitamins and mineral nutrients

    (6) A vitamin or mineral nutrient must not be used as an ingredient to produce edible cannabis referred to in subsection (1) unless its use is permitted under subsection (5).

  • Marginal note:Definitions

    (7) The following definitions apply in this section.

    fish

    fish has the same meaning as in section 1 of the Safe Food for Canadians Regulations. (poisson)

    marketing authorization

    marketing authorization, except in subsection (2), has the same meaning as in subsection B.01.001(1) of the Food and Drug Regulations. (autorisation de mise en marché)

    meat product

    meat product has the same meaning as in subsection B.01.001(1) of the Food and Drug Regulations. (produit de viande)

    mineral nutrient

    mineral nutrient has the same meaning as in subsection D.02.001(1) of the Food and Drug Regulations except that it does not include sodium, potassium or chloride or compounds that include those elements. (minéral nutritif)

    poultry product

    poultry product has the same meaning as in subsection B.01.001(1) of the Food and Drug Regulations. (produit de volaille)

    vitamin

    vitamin has the same meaning as in subsection D.01.002(1) of the Food and Drug Regulations. (vitamine)

    water activity

    water activity means the ratio of the water vapour pressure of a meat product, poultry product or fish to the vapour pressure of pure water, at the same temperature and pressure. (activité de l’eau)

Marginal note:Prohibited things

  •  (1) Edible cannabis that is a cannabis product — or that is contained in a cannabis accessory that is a cannabis product — must not contain or have on it anything in a quantity that would cause the sale of the edible cannabis to be prohibited under any of paragraphs 4(1)(a) to (d) of the Food and Drugs Act if the edible cannabis were a food to which that Act applies.

  • Marginal note:Not poisonous, harmful or adulterated

    (2) Edible cannabis does not have a poisonous or harmful substance in or on it, within the meaning of paragraph 4(1)(a) of the Food and Drugs Act, and is not adulterated, within the meaning of paragraph 4(1)(d) of that Act, by reason only that it contains or has on it

    • (a) anything referred to in item 1 or 3 of Schedule 1 to the Act;

    • (b) residues of a pest control product that is registered for use on cannabis under the Pest Control Products Act, or is otherwise authorized for use under that Act, if the residues are within any maximum residue limits that are specified in relation to cannabis under section 9 or 10 of that Act; or

    • (c) microbial or chemical contaminants — other than residues of a pest control product referred to in paragraph (b) — if the contaminants are within generally accepted tolerance limits for human use that are

      • (i) established in a publication referred to in Schedule B to the Food and Drugs Act, and

      • (ii) appropriate for a product that is to be ingested.

Marginal note:Caffeine

 Edible cannabis that is a cannabis product — or that is contained in a cannabis accessory that is a cannabis product — must not contain or have on it caffeine unless

  • (a) the caffeine has been introduced through the use of ingredients that naturally contain caffeine; and

  • (b) the total amount of caffeine in each immediate container of the cannabis product does not exceed 30 mg.

Marginal note:Ethyl alcohol

 Edible cannabis that is a cannabis product — or that is contained in a cannabis accessory that is a cannabis product — must not contain or have on it ethyl alcohol unless the concentration of ethyl alcohol does not exceed 0.5% w/w of the edible cannabis.

Marginal note:Cannabis products requiring refrigeration

 It is prohibited for a holder of a licence to sell or distribute edible cannabis that is a cannabis product — or that is contained in a cannabis accessory that is a cannabis product — if the unopened immediate container must be stored at or below 4°C to prevent the cannabis product from becoming contaminated before its durable life date.

 
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