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Pest Control Products Regulations (SOR/2006-124)

Regulations are current to 2021-03-23 and last amended on 2020-12-04. Previous Versions

Exemption of Certain Pest Control Products (continued)

Marginal note:Import solely for export

  •  (1) A person may import a pest control product that is intended solely for the purpose of export.

  • Marginal note:Exemption from registration

    (2) A pest control product that is imported under subsection (1) is exempt from the application of subsection 6(1) of the Act.

  • Marginal note:Products subject to Transportation of Dangerous Goods Act

    (3) Sections 3.2 to 75 do not apply to a pest control product that is imported under subsection (1) if it is subject to the Transportation of Dangerous Goods Act, 1992.

  • Marginal note:Products not subject to Transportation of Dangerous Goods Act

    (4) Sections 4 to 75 do not apply to a pest control product that is imported under subsection (1) if it is not subject to the Transportation of Dangerous Goods Act, 1992.

  • SOR/2018-284, s. 2

Marginal note:Safety information

  •  (1) The information set out in subsection (2) and the safety information set out in subsections (3) to (8) must

    • (a) appear in documents that accompany the shipment of the pest control product during transport through Canada and during any short-term storage in Canada;

    • (b) be readily available for use in emergency response to any accidents or incidents involving that product;

    • (c) appear in a manner that is clearly legible and indelible;

    • (d) appear in either English or French; and

    • (e) appear in documents that accompany each load of a shipment, if the shipment is broken into loads that are sent to different destinations.

  • Marginal note:Identification

    (2) The shipment of the pest control product must be accompanied by documents that contain all of the following information:

    • (a) the name of the product, which may include a distinctive brand or trademark;

    • (b) a declaration of net quantity of the product in the package;

    • (c) the name of the importer and the names of the exporter and owner of the product, if either is different from the importer;

    • (d) the name, postal address, email address and telephone number of a contact person to whom public inquiries may be directed; and

    • (e) the physical form of the product.

  • Marginal note:Hazard identification

    (3) The shipment of the pest control product must be accompanied by documents that contain information that identifies the nature and degree of hazard inherent in the pest control product by appropriate precautionary symbols and signal words selected from either Schedule 3 or 4. For precautionary symbols and signal words selected from Schedule 4, a hazard statement that indicates the nature of the primary hazard to which the precautionary symbol relates must also be included.

  • Marginal note:Active ingredient

    (4) The shipment of the pest control product must be accompanied by documents that contain the following information:

    • (a) the common chemical name of the active ingredient of the pest control product or, if it has no common chemical name, its chemical or other name; and

    • (b) the concentration of the active ingredient.

  • Marginal note:First aid measures

    (5) The shipment of the pest control product must be accompanied by documents that contain the following information:

    • (a) instructions that set out the practical measures to be taken in the event of poisoning, intoxication or injury caused by the pest control product and that include the statement “Take the documents accompanying the shipment or the container label, if it contains the same information, or the product name with you when seeking medical attention.”; and

    • (b) information that is essential to the treatment of persons who are poisoned, intoxicated or injured by the pest control product, including

      • (i) antidotes and remedial measures or, if no specific antidote or remedial measure exists, the statement “Treat symptomatically.”,

      • (ii) a description of the injury or the symptoms of poisoning or intoxication, and

      • (iii) a list of the components of the product that may affect the treatment.

  • Marginal note:Firefighting, handling, transport and storage

    (6) The shipment of the pest control product must be accompanied by documents that contain information that identifies the appropriate measures to be taken with respect to firefighting, handling, transportation and storage of the pest control product.

  • Marginal note:Accidental release, decontamination and safe disposal

    (7) The shipment of the pest control product must be accompanied by documents that contain instructions on the procedure to be followed

    • (a) in case of accidental release;

    • (b) for decontamination; and

    • (c) for the safe disposal of the pest control product and its packages.

  • Marginal note:Toxicological and ecological risk reduction

    (8) The shipment of the pest control product must be accompanied by documents that contain information that identifies any significant risk to health and the environment, and instructions on procedures to reduce that risk.

  • Marginal note:Packaging

    (9) The packaging of the pest control product must be constructed

    • (a) to contain the product safely under normal conditions of storage and transportation; and

    • (b) to minimize degradation or change of its contents.

  • Marginal note:Storage and transport

    (10) The pest control product must be stored and transported in a separate compartment from any human food or animal feed or in such a way as to avoid any possible contamination of the food or feed if

    • (a) the product bears the signal word “POISON” superimposed on the precautionary symbol for danger set out in item 2 of Schedule 3; or

    • (b) the product bears the signal word DANGER and the hazard statements “Fatal if swallowed”, “Fatal in contact with skin”, “Toxic if swallowed”, “Toxic in contact with skin”, “Toxic if inhaled” or “Fatal if inhaled” set out in item 4 of Schedule 4.

  • SOR/2018-284, s. 2
  • 2014, c. 20, s. 366(E)

Marginal note:Information to be provided on request

  •  (1) The importer, exporter or owner of the pest control product imported solely for the purpose of export must provide the following information to the Minister, in the manner requested, on request:

    • (a) the name of the importer and the names of the exporter and owner of the product, if either is different from the importer;

    • (b) notification of import of the product 30 days in advance of the expected date of import;

    • (c) notification of export of the product;

    • (d) the place of entry or port of unloading;

    • (e) the name of the freight forwarder, if any;

    • (f) the name of the shipper or carrier; and

    • (g) any other information required under subsections 3.2(2) to (8).

  • SOR/2018-284, s. 2

Exemption from Registration

Marginal note:Exemption — unregistered pest control products

  •  (1) Subject to subsection (2), a pest control product is exempt from the application of subsection 6(1) of the Act if it is

    • (a) an active ingredient that is used only in the manufacture of a registered pest control product that was registered on January 1, 1984, or was registered after January 1, 1984 and the application for its registration was received by the Minister on or before that date, and the active ingredient meets the relevant conditions of registration of the registered pest control product;

    • (b) a pest control product

      • (i) that is of a type described in Schedule 2 and that meets the applicable conditions set out in that Schedule, and

      • (ii) the active ingredient of which is registered under the Act;

    • (c) a pest control product that is manufactured only for export from Canada and that contains an active ingredient that is registered in Canada;

    • (d) a foreign product that is imported under a foreign product use certificate; or

    • (e) a pest control product that is imported for the purpose of conducting research in accordance with sections 46 to 70.

  • Marginal note:No exemption

    (2) A pest control product is not exempt from the application of subsection 6(1) of the Act if it is an active ingredient that is used in a pest control product of a type described in Schedule 2.

  • Marginal note:Use in manufacture only

    (3) A pest control product that is exempt from registration under paragraph (1)(a) may not be used for any purpose other than the manufacture of a registered pest control product.

  • (3.1) A pest control product that is exempt from registration under paragraph (1)(c) must meet the requirements of section 3.2.

  • Marginal note:No manufacture or distribution in Canada

    (4) A pest control product that is exempt from registration under paragraph (1)(d) may not be manufactured or distributed in Canada.

  • SOR/2014-24, s. 3
  • SOR/2018-284, s. 3
 
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