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Pest Control Products Regulations (SOR/2006-124)

Regulations are current to 2021-09-11 and last amended on 2021-03-31. Previous Versions

Exemption of Certain Pest Control Products

Marginal note:Exemption from application of Act

  •  (1) The following pest control products are exempt from the application of the Act:

    • (a) a pest control product that is a device of a type not described in Schedule 1;

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

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

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

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

    • (d) a pest control product that is used to destroy or inactivate viruses, bacteria or other micro-organisms in order to treat, mitigate or prevent disease in humans or animals, except in respect of its use in a swimming pool or spa;

    • (e) except in respect of its uses as a preservative for wood or other material, as a slimicide or in a swimming pool or spa, a pest control product that is used both to

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

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

    • (f) a pest control product, other than an organism or a device of a type described in Schedule 1, that is imported into Canada by a user for their personal use, that is in their personal possession at the time of the importation and that meets the following conditions:

      • (i) the total quantity of the product does not exceed 500 g or 500 mL,

      • (ii) by virtue of its active ingredient and concentration, the product would have the product class designation “DOMESTIC” if it were registered in Canada,

      • (iii) the product is registered or otherwise authorized in the country of origin as a product equivalent to a pest control product,

      • (iv) the product is in its original package with the original label intact,

      • (v) the information on the package and label is in either English or French, is clear and legible, allows for the determination of the active ingredient, concentration and quantity of the product and includes the registration or authorization number assigned by the regulatory body in the country of origin.

  • Marginal note:Exemption for named uses only

    (2) A pest control product that is exempt under paragraph (1)(c), (d) or (e) is exempt only in respect of any use described in that paragraph.

  • SOR/2014-24, s. 2(F)
  • SOR/2017-220, s. 1

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.

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.

 
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