Short Title

1 These Regulations may be cited as the Pest Control Products Regulations.

Interpretation

2 In these Regulations,

Act

Act means the Pest Control Products Act; (Loi)

active ingredient

active ingredient means that ingredient of a control product to which the effects of the control product are attributed, including a synergist, but does not include a solvent, diluent, emulsifier or component that by itself is not primarily responsible for the control effect of the control product; (matière active)

applicant

applicant means a person who applies to the Minister for a certificate of registration or to amend a certificate of registration; (demandeur)

assessed or evaluated

assessed or evaluated means assessed or evaluated by the Plant Industry Directorate; (évalué)

biotechnology

biotechnology means the application of science and engineering to the direct or indirect use of living organisms or parts or products of living organisms in their natural or modified forms; (biotechnologie)

certificate of registration

certificate of registration means a certificate issued by the Director General indicating that the control product named therein is registered under these Regulations; (certificat d’homologation)

control product

control product includes a control product derived through biotechnology; (produit antiparasitaire)

device

device means any article, instrument, apparatus, contrivance or gadget that, by itself or in conjunction with a control product, is used as a means to control pests directly or indirectly; (dispositif)

Director General

Director General means the Director General of the Plant Industry Directorate; (directeur général)

display panel

display panel means part of a label applied on or affixed to the package for a control product but does not include a leaflet or brochure unless it is part of the label; (aire d’affichage)

metric unit

metric unit means a unit of measurement set out in Schedule I to the Weights and Measures Act; (unité métrique)

organism

organism means any biological entity, living or non-living, cellular or non-cellular; (organisme)

Plant Industry Directorate

Plant Industry Directorate means the Plant Industry Directorate of the Food Production and Inspection Branch of the Department of Agriculture; (Direction de l’industrie des produits végétaux)

principal display panel

principal display panel means that part of a label displayed or visible under normal or customary conditions of display or use; (aire d’affichage principale)

Regional Pesticides Officer

Regional Pesticides Officer means a Regional Pesticides Officer in the Plant Industry Directorate; (agent régional chargé des pesticides)

registrant

registrant means the person in whose name a certificate of registration is issued; (titulaire d’homologation)

residues

residues means the ingredients of a control product that remain after the control product has been used and includes substances resulting from degradation or metabolism; (résidus)

secondary display panel

secondary display panel means that part of a label not displayed or visible under normal or customary conditions of display or use; (aire d’affichage secondaire)

seed

seed means any generative part of a plant used for propagation purposes including true seeds, seed-like fruits, bulbs, tubers and corms but does not include whole plants or cuttings. (semence)

Certificate of Designation of Inspector

2.1 The certificate of designation furnished to an inspector shall be signed by the Deputy Minister of Agriculture, shall certify that the person named therein is an inspector for the purposes of the Act and shall show

• (a) his name;

• (b) the date of his designation; and

• (c) his signature and photograph.

Exemption of Certain Control Products

• 3 (1) The following control products are exempt from the Act:

  • (a) a control product that is subject to the Food and Drugs Act and is used only for

    • (i) the control of arthropods on or in humans, livestock or domestic animals, if the control product is to be administered directly and not by topical application, or

    • (ii) the preservation of food for humans during cooking or processing;

  • (b) a control product that is a device other than a device of a type and kind listed in Schedule I;

  • (c) subject to subsection (2), a control product that is used to control viruses, bacteria or other micro-organisms in premises in which food is manufactured, prepared or kept;

  • (d) subject to subsections (2) and (3), a control product that is used to destroy or inactivate viruses, bacteria or other micro-organisms in order to treat, mitigate or prevent a disease in humans or animals; and

  • (e) subject to subsections (2) and (4), a control product that is used

    • (i) to destroy or inactivate viruses, bacteria or other micro-organisms in order to treat, mitigate or prevent a disease in humans or animals, and

    • (ii) to reduce the level of viruses, bacteria or other micro-organisms that cause disease in humans or animals, mould, mildew or odour.

• (2) Where a control product is exempt under paragraph (1)(c), (d) or (e), the product is exempt only in respect of the uses described in that paragraph.

• (3) A control product described in paragraph (1)(d) is not exempt from the Act in respect of its use in a swimming pool or spa.

• (4) A control product described in paragraph (1)(e) is not exempt from the Act in respect of

  • (a) its use as a preservative for wood or other material;

  • (b) its use as a slimicide; or

  • (c) its use in a swimming pool or spa.

Application

4 These Regulations do not apply to a control product, other than an organism, that is imported into Canada for the importer’s own use, if the total quantity of the control product being imported does not exceed 500 grams by mass or 500 millilitres by volume and does not have a monetary value exceeding $10.

Exemption from Registration

• 5 (1) Subject to subsection (2), a control product is exempt from registration if it is

  • (a) a control product that is used only in the manufacture of a registered control product and it conforms to the relevant specifications of that registered control product set out in the register of control products that is required to be maintained by the Minister under subsection 13(1);

  • (b) for use by a person for research purposes

    • (i) on premises owned or operated by that person, or

    • (ii) on any other premises not owned or operated by that person, if such use has been approved by the Director General;

  • (c) a control product

    • (i) that is of a type and kind described in Schedule II and that meets the applicable conditions for that control product set out in that Schedule, and

    • (ii) the active ingredient of which is registered in accordance with these Regulations; or

  • (d) a control product that is registered in a country other than Canada (in this section and in section 5.1 referred to as a “foreign-registered control product”) and is not under official re-evaluation or special review in that country or in Canada and that

    • (i) does not contain a formulant on List 1 of the Lists of Inert Pesticide Ingredients of Toxicological Concern issued by the United States Environmental Protection Agency,

    • (ii) has been determined by the Minister, based on the criteria set out in subsection (3), to be equivalent to a control product (in this section referred to as a “Canadian-registered control product”) that

      • (A) has been previously assessed and evaluated and is currently registered in Canada pursuant to the Act and these Regulations, and

      • (B) does not have a restricted product class designation,

    • (iii) is imported solely for the importer’s own use and is a control product in respect of which a permit has been issued to the importer by the Minister for use by the importer, and

    • (iv) bears, in addition to any other label, a label approved by the Minister under subsection 27(1).

• (2) The following control products are not exempt from registration:

  • (a) 2,4-D, which is also known as 2,4-dichlorophenoxy acetic acid;

  • (b) an organism; and

  • (c) a control product of a type and kind described in Schedule IV.

• (3) The Minister, in determining under subparagraph 5(1)(d)(ii) whether a foreign-registered control product is equivalent to a Canadian-registered control product, shall consider the following criteria:

  • (a) whether, based on information provided by the importer,

    • (i) the product specifications for the control products are the same,

    • (ii) the control products contain the same active ingredient made by the same manufacturer using the same manufacturing process,

    • (iii) the control products have the same guarantee statement, and

    • (iv) the control products have the same chemical composition, as demonstrated by a detailed and comprehensive analysis with an accompanying explanation of methodology that, on its own merits, permits validation of procedures, results and conclusions; or

  • (b) whether the control products are equivalent, based on a detailed and comprehensive laboratory analysis, provided by the importer, with an accompanying explanation of methodology that, on its own merits, permits validation of procedures, results and conclusions.

5.1 A foreign-registered control product that is exempt from registration under paragraph 5(1)(d) is exempt from the prohibition in respect of importation in paragraph 5(1)(a) of the Act.

Registration of Control Products Required

6 Subject to section 5, every control product imported into, sold or used in Canada or used or contained in another control product in Canada shall be registered in accordance with these Regulations.

6.1 Where the Minister requests a registrant to amend the registration of a control product, the registrant shall make an application to the Minister to amend the certificate of registration in accordance with the Minister’s request.

Application for Registration

7 An application for a certificate of registration or an application to amend a certificate of registration shall be made to the Minister and shall

• (a) state the name and address of the applicant and be signed by the applicant;

• (b) where the application is made by an agent of the applicant, state, in addition to the name and address of the applicant, the name and address of the agent and be signed by the agent;

• (c) state the name and address of the manufacturer of the control product and the place of manufacture;

• (d) state the brand name of the control product, if any;

• (e) state the product name of the control product referred to in paragraph 27(2)(a);

• (f) in the case of a control product

  • (i) that contains an active ingredient, state the name, content by percentage weight and the specifications of each such ingredient, and

  • (ii) that is a device, state all the specifications that are relevant to the safety, merit or value of the device;

• (g) state the name and address of the manufacturer of each ingredient of the control product;

• (h) state the size, type and specifications of the package in which the control product is to be sold; and

• (i) set out the guarantee statement referred to in paragraph 27(2)(e).

8 An applicant or registrant who is not resident in Canada shall appoint an agent permanently resident in Canada to whom any notice or correspondence under the Act and these Regulations may be sent.

• 9 (1) In addition to the information required by section 7, an applicant shall provide the Minister with such further or other information as will allow the Minister to determine the safety, merit and value of the control product.

• (2) Without limiting the generality of subsection (1), where a control product

  • (a) is a device that has not been previously assessed or evaluated for the purposes of the Act and these Regulations or contains an ingredient that has not been so assessed or evaluated, the applicant shall provide the Minister with the results of scientific investigations respecting

    • (i) the effectiveness of the control product for its intended purposes,

    • (ii) the safety of the control product to persons occupationally exposed to it when it is manufactured, stored, displayed, distributed or used,

    • (iii) the safety of the control product to the host plant, animal or article in relation to which it is to be used,

    • (iv) the effects of the control product on representative species of non-target organisms relative to the intended use of the control product,

    • (v) the degree of persistence, retention and movement of the control product and its residues,

    • (vi) suitable methods of analysis for detecting the active ingredient and measuring the specifications of the control product,

    • (vii) suitable methods of analysis for detecting significant amounts of the control product, including its residues in food, feed and the environment under practical conditions of use,

    • (viii) suitable methods for the detoxification or neutralization of the control product in soil, water, air or on articles,

    • (ix) suitable methods for the disposal of the control product and its empty packages,

    • (x) the stability of the control product under practical conditions of storage and display, and

    • (xi) the compatibility of the control product with other control products with which it is recommended or likely to be mixed; or

  • (b) is intended for use on living plants or animals or products derived therefrom which plants, animals or products are for human consumption, the applicant shall provide the Minister with the results of scientific investigations respecting

    • (i) the effects of the control product or its residues when administered to test animals for the purposes of assessing any risk to humans or animals, and

    • (ii) the effects of storing and processing food or feed, in relation to which the control product was used, on the dissipation or degradation of the control product and any of its residues.

10 Every application for a certificate of registration and every application to amend a certificate of registration shall be accompanied by five copies of the proposed label for the control product or reasonable facsimiles thereof.

11 An applicant shall, when requested to do so by the Minister, provide the Minister with

• (a) a sample of the control product;

• (b) a sample of the technical grade of its active ingredient; and

• (c) a sample of the laboratory standard of its active ingredient.

Fees for Registration

12 [Repealed, SOR/97-174, s. 1]

Registration

• 13 (1) Where the Minister receives an application for a certificate of registration or an application to amend a certificate of registration, he shall, subject to section 18, register the control product or amend the registration thereof, as the case may be, and record in a register of control products the information provided in accordance with sections 7 and 9.

• (2) In addition to the information mentioned in subsection (1), the register of control products shall contain

  • (a) the specifications of each control product;

  • (b) the label for each control product;

  • (c) the registration number assigned to each control product; and

  • (d) such other information as the Minister deems necessary.

• (3) Where a control product or an amendment to the registration of a control product is registered, the Director General shall issue a certificate of registration bearing the registration number of the control product.

Duration and Renewal of Registration

• 14 (1) Subject to section 20, and unless otherwise provided in a certificate of registration, the registration of a control product

  • (a) that is a device, is valid so long as the control product complies with the conditions in relation to which the registration was granted; and

  • (b) that is not a device expires on December 31, in the year designated by the Minister, which designated year shall not be later than five years from December 31 in the year in which the control product is registered.

• (2) The registration of a control product may be renewed, on application by the registrant to the Minister, for additional periods not exceeding five years each, and five copies of the current label for the control product shall accompany an application for renewal.

  • SOR/79-180, s. 1
  • SOR/88-109, s. 7
  • SOR/88-416, s. 1
  • SOR/92-585, s. 2(F)
  • SOR/97-174, s. 2

• (3) [Repealed, SOR/97-174, s. 2.]

15 Notwithstanding section 14, where a control product was, immediately preceding 1978, registered under these Regulations, the registration of the control product expires on December 31, 1980.

16 Where the registrant intends to discontinue the sale of a control product, he shall so inform the Minister and the registration of that control product shall, on such terms and conditions, if any, as the Minister may specify, be continued to allow any stocks of the control product to be substantially exhausted through sales.

Temporary Registration

• 17 (1) The Minister may, upon such terms and conditions, if any, as he may specify, register a control product for a period not exceeding one year where

  • (a) the applicant agrees to endeavour to produce additional scientific or technical information in relation to the control product; or

  • (b) the control product is to be sold only for the emergency control of infestations that are seriously detrimental to public health, domestic animals, natural resources or other things.

• (2) All terms and conditions specified by the Minister under subsection (1) shall be contained in the temporary certificate of registration issued by the Director General.

Refusal to Register

18 The Minister shall refuse to register, or to amend the registration of, a control product if

• (a) the application for registration, the application to amend the certificate of registration or the label for the control product does not comply with the Act and these Regulations;

• (b) the information provided to the Minister on the application is insufficient to enable the control product to be assessed or evaluated;

• (c) the applicant fails to establish that the control product has merit or value for the purposes claimed when the control product is used in accordance with its label directions;

• (d) the use of the control product would lead to an unacceptable risk of harm to

  • (i) things on or in relation to which the control product is intended to be used, or

  • (ii) public health, plants, animals or the environment; or

• (e) the control product is not required to be registered.

Cancellation and Suspension of Registration

19 During the period of registration of a control product, the registrant shall, when requested to do so by the Minister, satisfy the Minister that the availability of the control product will not lead to an unacceptable risk of harm to

• (a) things on or in relation to which the control product is intended to be used; or

• (b) public health, plants, animals or the environment.

20 The Minister may, on such terms and conditions, if any, as he may specify, cancel or suspend the registration of a control product when, based on current information available to him, the safety of the control product or its merit or value for its intended purposes is no longer acceptable to him.

21 Where the Minister

• (a) refuses to register or amend the registration of a control product, or

• (b) cancels or suspends the registration of a control product,

he shall send to the applicant or the registrant, as the case may be, a notice by registered mail stating that registration has been refused or that the registration has been cancelled or suspended and the reasons therefor.

22 Where the registration of a control product has been suspended, the control product shall not be deemed to be registered, but subsection 5(1) of the Act shall not apply to a person, other than the registrant, who sells the control product, if the person had the control product for sale on the day immediately preceding the day on which the notice of suspension was mailed to the registrant under section 21.

23 An applicant or registrant who has received a notice under section 21 may, within 30 days from the day on which the notice was received by him, apply in writing to the Minister for a hearing setting out in the application the matters that he intends to raise at the hearing.

24 Where the Minister receives an application for a hearing, he shall appoint a Review Board (hereinafter referred to as “the Board”), consisting of not less than three persons and shall refer the subject matter of the application to the Board.

• 25 (1) The Board shall inquire into the subject matter of the application and give the person who applied for the hearing and all other persons who may be affected by the subject matter of the hearing an opportunity to make representations to the Board at the hearing.

• (2) As soon as possible after the hearing, the Board shall

  • (a) make a report containing its recommendations respecting the subject matter of the hearing and its reasons therefor and shall send a copy of the report to the Minister and to the person who applied for the hearing; and

  • (b) send to the Minister all documents and other material that the Board used at the hearing.

• (3) After considering the report of the Board, the Minister may take such action with respect to the subject matter of the hearing as he deems advisable and shall notify the person who applied for the hearing of any action so taken.

Records

26 Every registrant shall make a record of all quantities of a control product stored, manufactured or sold by him and the record shall

• (a) be retained for three years from the time it is made; and

• (b) be made available to the Director General at his request at such time and in such manner as the Director General may require.

Labelling

• 27 (1) No label shall be used on a control product unless it has been approved by the Minister and, unless the Minister otherwise directs, every label shall show the information required by sections 28 to 38.

• (2) Where a label is required to show

  • (a) the product name of the control product, it shall be descriptive of the physical form and purpose of the control product and shall include the common name of its active ingredient, when established, and may include a distinctive brand or trademark;

  • (b) the product class designation of the control product, it shall be shown in capital letters and be

    • (i) “RESTRICTED”, where the Minister, in his concern for the health of man or the safety of plants, animals or the environment has set forth additional essential conditions to be shown on the label respecting the display, distribution, use limitations or qualifications of persons who may use the control product, or

    • (ii) “DOMESTIC”, where the control product is to be displayed and distributed for use in and around a dwelling,

    or such other word or words indicating the product class designation as may be acceptable to the Minister, where the control product is to be displayed and distributed for general use in commercial activities specified on the label;

  • (c) information respecting the nature and degree of hazard inherent in the control product, the nature and degree of hazard shall be identified by the appropriate precautionary symbols and signal words selected from Schedule III, together with a statement respecting the nature of the primary hazard to which the symbol relates;

  • (d) a statement directing the user to read the label, the statement shall be in the following form: “READ THE LABEL BEFORE USING”;

  • (e) a guarantee statement, it shall be set out in the following manner:

    • (i) the word in capital letters “GUARANTEE”, followed by

    • (ii) a colon, followed by

    • (iii) the common name of the active ingredient of the control product as set out in CSA Standard Z143-1980, Common Name for Pest Control Chemicals, dated January, 1980 or, where no common name for the ingredient is set out in that Standard, the chemical or other name of that ingredient followed by

    • (iv) the contents of the active ingredient expressed,

      • (A) in the case of a liquid control product, as a percentage by mass, or mass per unit volume, or both, as required by the Minister,

      • (B) in the case of a dust, wettable powder or other dry formulation, as a percentage by mass, or

      • (C) where clauses (A) and (B) do not apply, in terms acceptable to the Minister, followed by

    • (v) the viscosity, specific gravity, particle size or such other property or specification determined by the Minister to be necessary for guarantee purposes;

  • (f) the registration number of the control product, it shall be set out in the following manner:

    • (i) the word and abbreviation in capital letters “REGISTRATION NO.”, followed by

    • (ii) the assigned registration number, followed by

    • (iii) the words in capital letters “PEST CONTROL PRODUCTS ACT”;

  • (g) a declaration of net quantity of the package for the control product, the declaration shall be expressed

    • (i) by volume, when the product is liquid or gas or is viscous,

    • (ii) by mass, when the product is solid or pressure-packed, or

    • (iii) where subparagraphs (i) and (ii) do not apply, in terms acceptable to the Minister;

  • (h) the name and postal address of the registrant, the name and postal address of the resident agent, if any, of the registrant shall also be shown;

  • (i) the directions for the use of the control product, the directions shall include dosage rates, timing of application and use limitations;

  • (j) information identifying any significant hazard respecting the handling, storage, display, distribution and disposal of the control product, the information shall include instructions respecting procedures to alleviate the hazard and, when required by the Minister, instructions respecting decontamination procedures and disposal of the control product and its empty packages;

  • (k) information identifying any significant hazard to

    • (i) things on or in relation to which the control product is intended to be used, or

    • (ii) public health, plants, animals or the environment,

    the information shall include instructions respecting the procedures to alleviate any such hazard;

  • (l) instructions in first aid, the instructions shall be under the heading in capital letters “FIRST AID INSTRUCTIONS” and shall set out the practical measures to be taken in the event of poisoning, intoxication or injury caused by the control product;

  • (m) toxicological information essential to the treatment of persons who are poisoned, intoxicated or injured by the control product, the information shall be under the heading in capital letters “TOXICOLOGICAL INFORMATION” and shall

    • (i) state an antidote and remedial measures,

    • (ii) describe the symptoms of intoxication, and

    • (iii) state the ingredients not mentioned in the guarantee statement that may affect the treatment; and

  • (n) a notice to the user of the control product, the notice shall be in the following form: “NOTICE TO USER — This control product is to be used only in accordance with the directions on this label. It is an offence under the Pest Control Products Act to use a control product under unsafe conditions.”.

28 The label for a control product that is a device of a type and kind listed in Schedule I, shall contain the information referred to in paragraphs 27(2)(f), (h), (i), (j) and (k).

29 The display panel shall consist of one principal display panel and at least one secondary display panel.

30 Where the primary purpose of a control product is not for controlling, preventing, destroying, mitigating, attracting or repelling any pest, but is represented as having such properties or contains an active ingredient possessing such properties, the control product shall have a display panel with

• (a) the information referred to in paragraphs 27(2)(a), (b), (c), (g) and (h), shown on the principal display panel; and

• (b) the information referred to in paragraphs 27(2)(e), (f), (i), (l) and (m), shown on the secondary display panel.

31 Where the primary purpose of a control product is for controlling, preventing, destroying, mitigating, attracting or repelling any pest, the control product shall have a display panel with

• (a) the information referred to in paragraphs 27(2)(a), (b), (c), (d), (e), (f), (g) and (h), shown on the principal display panel; and

• (b) the information referred to in paragraphs 27(2)(i), (j), (k), (l), (m) and (n), shown on the secondary display panel.

32 Section 31 applies to the label for a control product that is within the meaning of paragraph (a) of the definition “control product” in section 2 of the Act.

33 Notwithstanding sections 29, 30 and 31, the Minister may, for reasons satisfactory to him, approve the inclusion of the information required by those sections elsewhere than on the display panel.

• 34 (1) Where the principal display panel shows the product class designation “RESTRICTED”, the notice referred to in paragraph 27(2)(n) shall appear prominently at the top of a secondary display panel followed by the heading in capital letters “RESTRICTED USES”, followed by the directions for use, dosage rates, timing of application and use limitations to which the restriction relates all of which shall be circumscribed by a line to set the information apart from all other information required to be shown on the secondary display panel.

• (2) Notwithstanding subsection (1), where the principal display panel shows the product class designation “RESTRICTED”, the directions for use, dosage rates, timing of application and use limitations to which the restriction relates, together with the information referred to in paragraphs 27(2)(a), (b), (c), (d), (e), (f), (g), (h), (i) and (k) may, with the approval of the Minister, appear in a brochure or leaflet that will accompany the package for the control product.

35 When the information required to be shown on the label is, pursuant to section 33, not included in the display panel, the display panel shall contain the words in capital letters “READ ATTACHED BROCHURE (or LEAFLET) BEFORE USING” prominently displayed thereon.

36 Subject to the approval of the Minister, additional information relating to the control product and any graphic design or symbol may be shown on the label if it does not unreasonably detract or obscure the information required to be shown on the label.

37 A registrant may include on the label the following limitation of warranty statement:

“Seller’s guarantee shall be limited to the terms set out on the label and subject thereto, the buyer assumes the risk to persons or property arising from the use or handling of this product and accepts the product on that condition.”

38 Where a control product is distributed in a bulk container, the information referred to in paragraphs 27(2)(a), (b), (e), (f), (g), (h), (l), and (m) shall be shown

• (a) on the bulk container; and

• (b) on the shipping bill respecting the control product or on a statement accompanying the shipment.

• 39 (1) Except as set out in subsections (2) and (3), the information on the label of a control product shall be in both the English and the French languages as of the earlier of

  • (a) the day after December 31, 2002 on which the registration of the control product is granted, amended or renewed, and

  • (b) January 1, 2008.

• (2) Until January 1, 2008, if the entirety of the information on the label of a control product is not already in the English and the French languages, the amended label following the amendment of a registration, in accordance with paragraph 17(1)(b), to authorize the use of the control product for the emergency control of infestations is exempt from the requirement of paragraph (1)(a).

• (3) The information on the label of a registered control product that is not authorized to be manufactured, imported, sold or used in Canada may be in either the English or the French language, or both.

Units of Measurement on Labels

• 40 (1) Units of measurement shown on a label shall be expressed in accordance with the International System of Units (metric) as set out in Schedule I to the Weights and Measures Act.

• (2) The declaration of net quantity shall be shown in the decimal system to three figures, except that where the net quantity is below 100 grams, millilitres, cubic centimetres, square centimetres or centimetres, it may be shown to two figures and, in either case, any final zero appearing to the right of the decimal point need not be shown.

• (3) A net quantity that is less than a whole number shall be shown

  • (a) in the decimal system with the numeral zero preceding the decimal point; or

  • (b) in words.

• (4) The metric units in the declaration of net quantity shall be shown

  • (a) in millilitres, where the net volume of the product is less than 1 000 millilitres, except that 500 millilitres may be shown as being 1/2 litre;

  • (b) in litres, where the net volume is 1 000 millilitres or more;

  • (c) in grams, where the net mass is less than 1 000 grams, except that 500 grams may be shown as being 1/2 kilogram;

  • (d) in kilograms, where the net mass is 1 000 grams or more;

  • (e) where paragraphs (a) to (d) do not apply, in units described in the Weights and Measures Act that are acceptable to the Minister.

• (5) Units of measurement shown on a label may also be in accordance with Canadian units of measurement (imperial) as set out in Schedule II to the Weights and Measures Act.

41 All information shown on a label shall be printed in a manner that is conspicuous, legible and indelible.

Denaturation

42 Where the physical properties of a control product are such that the presence of the control product may not be recognized when it is used and is likely to expose a person or domestic animal to a severe health risk, the control product shall be denatured by means of colour, odour or such other means as the Minister may approve to provide a signal or warning as to its presence.

Storage and Display

43 A control product shall be stored and displayed in accordance with any conditions set forth on the label, and a control product bearing the POISON symbol superimposed on the DANGER symbol shall be stored and displayed apart from food for humans or feed for animals

• (a) in a separate room; or

• (b) separated by a physical barrier so as to avert the contamination of the food or feed.

Distribution

44 A control product shall be distributed in a manner that is consistent with any special conditions specified by the Minister and, when required by the Minister, the conditions shall be shown

• (a) on the label; and

• (b) on the shipping bill respecting the control product or on a statement accompanying the shipment.

Prohibitions Respecting Use

• 45 (1) No person shall use a control product in a manner that is inconsistent with the directions or limitations respecting its use shown on the label.

• (2) No person shall use a control product imported for the importer’s own use in a manner that is inconsistent with the conditions set forth on the importer’s declaration respecting the control product.

• (3) No person shall use a control product that is exempt from registration under paragraph 5(a) for any purpose other than the manufacture of a registered control product.

Packaging

• 46 (1) The package for every control product shall be sufficiently durable and be designed and constructed so that it will contain the control product safely under practical conditions of storage, display and distribution.

• (2) Every package shall be designed and constructed to permit

  • (a) the withdrawal of any or all of the contents in a manner that is safe to the user; and

  • (b) the closing of the package in a manner that will contain the control product satisfactorily under practical conditions.

• (3) Every package shall be constructed so as to minimize the degradation or change of its contents resulting from interaction or from the effects of radiation or other means.

• (4) When the package is essential to the safe and effective use of the control product, it shall be designed and constructed to meet specifications acceptable to the Minister on registration of the control product.

Standards

• 47 (1) Subject to subsections (2), (3) and (4), every control product shall conform to the specifications and bear the label contained in the register of control products.

• (2) No control product containing 2,4,5-T (2,4,5-trichlorophenoxy acetic acid) as its active ingredient or containing an active ingredient based on or derived from 2,4,5-T shall contain 2,3,7,8-tetrachlorodibenzo-p-dioxin in excess of 100 parts per billion parts of 2,4,5-T.

• (3) No control product containing fenoprop (2,4,5-trichlorophenoxy propionic acid) as its active ingredient or containing an active ingredient based on or derived from fenoprop shall contain 2,3,7,8-tetrachlorodibenzo-p-dioxin in excess of 100 parts per billion parts of fenoprop.

• (4) No control product containing trifluralin (2,6-dinitro-N, N-dipropyl-4-trifluoromethyaniline) as its active ingredient or containing an active ingredient based on or derived from trifluralin shall contain N-nitrosodi-n-propylamine (NDPA) in excess of one part per million parts of trifluralin.

48 Every control product shall have the chemical and physical composition and uniformity of mix necessary for it to be effective for the purposes for which it is intended.

General Prohibitions

49 A control product shall not contain an active ingredient unless it is present in an amount sufficient to add materially to the effectiveness, merit or value of the control product.

50 A label shall not contain any information respecting any organism or causative agent of a disease of humans mentioned in Schedule A to the Food and Drugs Act.

51 Unless otherwise authorized by the Minister,

• (a) a label shall not contain any information respecting any organism or causative agent of a disease of domestic animals that is required to be reported under the Animal Disease and Protection Act;

• (b) information that is required by or under these Regulations to be shown on a label shall not appear on the bottom of the package; and

• (c) words stating, implying or inferring that a control product is approved, accepted or recommended by the Government of Canada or by any department or agency thereof shall not appear on a package or label or in any advertisement respecting a control product.

Sampling

52 An inspector may take a sample of a control product in a manner approved by the Director General as being representative of the lot from which it is taken, and in the case of a control product that is

• (a) a liquid packaged in containers of less than one gallon, the sample may consist of the entire package;

• (b) a dry material packaged in containers of less than 10 pounds, the sample may consist of the entire package;

• (c) a device, the sample may consist of the entire device;

• (d) a liquid or material packaged in greater quantities than those mentioned in paragraphs (a) and (b), or any material, substance or thing that may contain an active ingredient or may be contaminated by a control product or its residues, the sample shall consist of a quantity deemed necessary by the Director General.

Detention

• 53 (1) A control product seized pursuant to section 10 of the Act may be detained by an inspector at any place by attaching a detention tag to at least one package of the control product in the lot that has been seized.

• (2) Upon attaching a detention tag to a package pursuant to subsection (1), the inspector shall deliver or mail to the owner or other person from whom the control product was seized a notice of detention together with information respecting the quantity, identity and location of the control product seized.

• (3) Except with the written authority of an inspector, no person shall alter or remove a detention tag placed on a package pursuant to subsection (1).

• (4) Where a control product has been seized and detained by an inspector, he may, in order to preserve or safeguard the control product or alleviate any hazard, require the removal of the control product to such a place of safe keeping as he may designate, and the owner of the control product shall pay to the Minister upon request all reasonable costs incidental to such removal and safe keeping.

• (5) Any control product forfeited to Her Majesty pursuant to subsection 10(3) of the Act may be destroyed or disposed of in such manner as the Minister may direct and the owner shall pay to the Minister, upon request, all reasonable costs incidental to such destruction or disposition.

54 Where a control product has been seized and detained by an inspector, the registrant shall be entitled to a hearing if he so requests, and sections 24 and 25 apply in respect of the hearing.

Import

55 A control product may be imported into Canada if it is accompanied by a declaration, in a form specified by the Minister, which form shall be signed by the importer and shall state

• (a) the name and address of the person who is shipping the control product;

• (b) the name and brand, if any, of the control product;

• (c) the common name or chemical name of the active ingredient of the control product and the amount of the active ingredient contained therein;

• (d) the total amount of the control product being imported;

• (e) the name and address of the importer; and

• (f) the purpose of the importation of the control product using the words

  • (i) “For Resale”, together with the registration number of the control product, where it is registered under these Regulations and is being imported for the purpose of resale,

  • (ii) “For Manufacturing Purposes”, where the control product is being imported for use in the manufacture of a registered control product, or

  • (iii) “For Research Purposes”, where the control product is being imported for use by a person for research purposes.

56 Where the collector of customs at a port of entry is not satisfied that an importer’s declaration is complete and in order, he shall hold the control product at the port of entry or place the control product in bond and forthwith advise a Regional Pesticides Officer.

57 The collector of customs at a port of entry shall forward one copy of every importer’s declaration to a Regional Pesticides Officer.