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Tobacco and Vaping Products Act (S.C. 1997, c. 13)

Act current to 2019-08-28 and last amended on 2019-06-17. Previous Versions

SCHEDULE 1(Sections 5.1, 5.2, 7.1 and 23.1)

Prohibited Additives

Column 1Column 2
ItemAdditiveTobacco Product
1

Additives that have flavouring properties or that enhance flavour (other than those set out in Column 1 of item 1.2), including

  •  
    additives identified as flavouring agents by the Joint FAO/WHO Expert Committee on Food Additives in the Committee’s evaluations, as published from time to time in the WHO Technical Report Series
  •  
    additives identified as generally recognized as safe (GRAS) flavouring substances by the Flavor and Extract Manufacturers Association (FEMA) Expert Panel in its lists of GRAS substances referred to as “GRAS 3” to “GRAS 24” and subsequent lists of GRAS substances, as published from time to time, if any

The following additives are excluded:

  •  
    benzoic acid (CAS 65-85-0) and its salts
  •  
    butylated hydroxytoluene (CAS 128-37-0)
  •  
    carboxymethyl cellulose (CAS 9000-11-7)
  •  
    citric acid (CAS 77-92-9) and its salts
  •  
    ethanol (CAS 64-17-5)
  •  
    polyoxyethylene sorbitan monolaurate (CAS 9005-64-5)
  •  
    fumaric acid (CAS 110-17-8)
  •  
    glycerol (CAS 56-81-5)
  •  
    guar gum (CAS 9000-30-0)
  •  
    n-propyl acetate (CAS 109-60-4)
  •  
    paraffin wax (CAS 8002-74-2)
  •  
    propylene glycol (CAS 57-55-6)
  •  
    glycerol esters of wood rosin (CAS 8050-31-5)
  •  
    sodium acetate anhydrous (CAS 127-09-3)
  •  
    sodium alginate (CAS 9005-38-3)
  •  
    sorbic acid (CAS 110-44-1) and its salts
  •  
    triacetin (CAS 102-76-1)
  •  
    tributyl acetylcitrate (CAS 77-90-7)

Except those that are manufactured or sold for export, the following:

  • (1) Cigarettes

  • (2) Cigars that have a wrapper that is not fitted in spiral form, cigars that have tipping paper and little cigars

  • (3) Blunt wraps

1.1The prohibited additives referred to in item 1, excluding those that impart a flavour that is generally attributed to port, wine, rum or whiskyCigars that have a wrapper fitted in spiral form and that weigh more than 1.4 g but not more than 6 g, excluding the weight of any mouthpiece or tip, other than those referred to in item 1 and those that are manufactured or sold for export
1.2Menthol, including l-menthol, and menthone, including l-menthoneTobacco products, except those that are manufactured or sold for export
2Amino acids

Except those that are manufactured or sold for export, the following:

  • (1) Cigarettes

  • (2) Little cigars

  • (3) All other cigars, except those that weigh more than 6 g excluding the weight of any mouthpiece or tip, have a wrapper fitted in spiral form and do not have tipping paper

  • (4) Blunt wraps

3Caffeine

Except those that are manufactured or sold for export, the following:

  • (1) Cigarettes

  • (2) Little cigars

  • (3) All other cigars, except those that weigh more than 6 g excluding the weight of any mouthpiece or tip, have a wrapper fitted in spiral form and do not have tipping paper

  • (4) Blunt wraps

4Colouring agents, excluding those used to whiten paper or the filter or to imitate a cork pattern on tipping paperCigarettes, except those that are manufactured or sold for export
4.1Colouring agentsBlunt wraps, except those that are manufactured or sold for export
4.2Colouring agents, excluding those used to render mouthpieces or tips white or bronze

Cigars, except the following:

  • (1) Little cigars

  • (2) Cigars that have tipping paper

  • (3) Cigars that weigh more than 6 g excluding the weight of any mouthpiece or tip, have a wrapper fitted in spiral form and do not have tipping paper

  • (4) Cigars that are manufactured or sold for export

4.3Colouring agents, excluding those used to whiten plug wrap paper, to render tipping paper brown or bronze, to imitate a cork pattern on tipping paper or to render mouthpieces or tips white or bronzeLittle cigars, except those that are manufactured or sold for export
4.4Colouring agents, excluding those used to render tipping paper brown or bronze or to render mouthpieces or tips white or bronzeCigars that have tipping paper, except those that are manufactured or sold for export and little cigars
5Essential fatty acids

Except those that are manufactured or sold for export, the following:

  • (1) Cigarettes

  • (2) Little cigars

  • (3) All other cigars, except those that weigh more than 6 g excluding the weight of any mouthpiece or tip, have a wrapper fitted in spiral form and do not have tipping paper

  • (4) Blunt wraps

6Fruits, vegetables or any product obtained from the processing of a fruit or vegetable, excluding activated charcoal and starch

Except those that are manufactured or sold for export, the following:

  • (1) Cigarettes

  • (2) Little cigars

  • (3) All other cigars, except those that weigh more than 6 g excluding the weight of any mouthpiece or tip, have a wrapper fitted in spiral form and do not have tipping paper

  • (4) Blunt wraps

7Glucuronolactone

Except those that are manufactured or sold for export, the following:

  • (1) Cigarettes

  • (2) Little cigars

  • (3) All other cigars, except those that weigh more than 6 g excluding the weight of any mouthpiece or tip, have a wrapper fitted in spiral form and do not have tipping paper

  • (4) Blunt wraps

8Probiotics

Except those that are manufactured or sold for export, the following:

  • (1) Cigarettes

  • (2) Little cigars

  • (3) All other cigars, except those that weigh more than 6 g excluding the weight of any mouthpiece or tip, have a wrapper fitted in spiral form and do not have tipping paper

  • (4) Blunt wraps

9Spices, seasonings and herbs (other than those set out in Column 1 of item 9.1)

Except those that are manufactured or sold for export, the following:

  • (1) Cigarettes

  • (2) Little cigars

  • (3) All other cigars, except those that weigh more than 6 g excluding the weight of any mouthpiece or tip, have a wrapper fitted in spiral form and do not have tipping paper

  • (4) Blunt wraps

9.1ClovesTobacco products, except those that are manufactured or sold for export
10Sugars and sweeteners, excluding starch

Except those that are manufactured or sold for export, the following:

  • (1) Cigarettes

  • (2) Little cigars

  • (3) All other cigars, except those that weigh more than 6 g excluding the weight of any mouthpiece or tip, have a wrapper fitted in spiral form and do not have tipping paper

  • (4) Blunt wraps

11Taurine

Except those that are manufactured or sold for export, the following:

  • (1) Cigarettes

  • (2) Little cigars

  • (3) All other cigars, except those that weigh more than 6 g excluding the weight of any mouthpiece or tip, have a wrapper fitted in spiral form and do not have tipping paper

  • (4) Blunt wraps

12Vitamins

Except those that are manufactured or sold for export, the following:

  • (1) Cigarettes

  • (2) Little cigars

  • (3) All other cigars, except those that weigh more than 6 g excluding the weight of any mouthpiece or tip, have a wrapper fitted in spiral form and do not have tipping paper

  • (4) Blunt wraps

13Mineral nutrients, excluding those necessary to manufacture the tobacco product

Except those that are manufactured or sold for export, the following:

  • (1) Cigarettes

  • (2) Little cigars

  • (3) All other cigars, except those that weigh more than 6 g excluding the weight of any mouthpiece or tip, have a wrapper fitted in spiral form and do not have tipping paper

  • (4) Blunt wraps

  • In column 1, FAO means Food and Agriculture Organization of the United Nations; WHO means World Health Organization; CAS means Chemical Abstracts Service registry number.
  • In column 2, wrapper fitted in spiral form means a wrapper of a cigar that is fitted with an acute angle of at least 30° to the longitudinal axis of the cigar.
  • 2009, c. 27, s. 17
  • SOR/2015-126, ss. 1 to 7
  • 2017, c. 26, s. 20(F)
  • SOR/2017-45
  • 2018, c. 9, s. 68
 
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