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Cannabis Regulations (SOR/2018-144)

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Regulations are current to 2022-06-01 and last amended on 2020-10-17. Previous Versions

PART 6Cannabis Products (continued)

Edible Cannabis (continued)

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.

Marginal note:Hermetically sealed containers

  •  (1) 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 — in a hermetically sealed container if any component of the edible cannabis has a pH that exceeds 4.6 and a water activity that exceeds 0.85 at a temperature of 22 ± 2°C.

  • Marginal note:Definitions

    (2) The following definitions apply in subsection (1).

    hermetically sealed container

    hermetically sealed container means a container that, due to its design, is secure against the entry of micro-organisms, including spores. (contenant hermétiquement scellé)

    water activity

    water activity means the ratio of the water vapour pressure of the component to the vapour pressure of pure water, at the same temperature and pressure. (activité de l’eau)

Marginal note:Irradiation

 A holder of a licence for processing must not irradiate edible cannabis unless

  • (a) the edible cannabis would be a food that is listed in item 3 or 4, column 1, of the table to Division 26 of Part B of the Food and Drug Regulations if the edible cannabis did not contain or have on it anything that is referred to in item 1 or 3 of Schedule 1 to the Act; and

  • (b) the holder satisfies the requirements set out in paragraphs B.26.003(2)(a) and (b) and subsection B.26.004(1) of those Regulations in respect of the edible cannabis.

Marginal note:Maximum quantity of THC

 Subject to subsection 97(2), edible cannabis that is a cannabis product — or that is contained in a cannabis accessory that is a cannabis product — must not contain a quantity of THC that exceeds 10 mg per immediate container, taking into account the potential to convert THCA into THC.

Cannabis Accessory or Component

Marginal note:Contamination

 A cannabis accessory that is a cannabis product, or that is packaged with a cannabis product, must not be contaminated.

Marginal note:Flavour

 A cannabis accessory that is a cannabis product, or that is packaged with a cannabis product, must not impart a characterizing flavour to the cannabis.

Marginal note:Dispensing limit

 Subject to subsection 97(1), each activation of the following cannabis accessories must not dispense a quantity of cannabis extract that contains greater than 10 mg of THC, taking into account the potential to convert THCA into THC:

  • (a) a cannabis accessory that is a cannabis product and that dispenses a cannabis extract that is intended for ingestion or nasal, rectal or vaginal use; or

  • (b) a cannabis accessory that is packaged with, and that is intended to dispense, a cannabis extract that is a cannabis product and that is intended for ingestion or nasal, rectal or vaginal use.

Marginal note:Psychological effects, abuse liability and toxicity

  •  (1) A component of a cannabis product — other than a component that is anything referred to in item 1 or 3 of Schedule 1 to the Act — and a cannabis accessory that is packaged with a cannabis product must not, through any means other than heating or combustion, and when used as intended or in a reasonably foreseeable way,

    • (a) alter or enhance the psychological effects derived from the cannabis product in a manner that may cause injury to the health of the user;

    • (b) increase the potential for abuse liability of the cannabis product; or

    • (c) increase the toxicity of the cannabis product.

  • Marginal note:Exceptions

    (2) Subsection (1) does not prohibit the presence of

    • (a) ethyl alcohol in or on a cannabis product referred to in subsection 101.3(6) or section 102.3 if the conditions set out in that subsection or section, as the case may be, are met; and

    • (b) caffeine in or on a cannabis product referred to in section 102.2 if the conditions set out in that section are met.

PART 6.1Promotion

Marginal note:Non-application — prescription drug and combination product

 Sections 104.11 to 104.16 do not apply to a prescription drug or a combination product.

Marginal note:Flavours

 It is prohibited to promote a cannabis extract — or a cannabis accessory that contains a cannabis extract — under subsections 17(2) to (6) of the Act in a manner that could cause a person to believe that the cannabis extract or the cannabis accessory has a flavour set out in column 1 of Schedule 3 to the Tobacco and Vaping Products Act, other than the flavour of cannabis.

Marginal note:Health and cosmetic benefits

  •  (1) It is prohibited to promote cannabis, a cannabis accessory or a service related to cannabis under subsections 17(2) to (6) of the Act if there are reasonable grounds to believe that the promotion could create the impression that health or cosmetic benefits may be derived from the service or the use of the cannabis or the cannabis accessory.

  • Marginal note:Non-application — medical devices

    (2) Subsection (1) does not apply with respect to a medical device in respect of which a licence has been issued under subsection 36(1) of the Medical Devices Regulations.

Marginal note:Energy value and amount of nutrient

  •  (1) It is prohibited to promote edible cannabis — or a cannabis accessory that contains edible cannabis — under subsections 17(2) to (6) of the Act by communicating information about the energy value referred to in item 2 of the table to section 132.22 or the amount of any nutrient referred to in items 3 to 15 of that table or in items 5 to 37 of the table to section B.01.402 of the Food and Drug Regulations.

  • Marginal note:Exception — nutrition facts table

    (2) Despite subsection (1), edible cannabis or a cannabis accessory that contains edible cannabis may be promoted by reproducing the nutrition facts table that is required to be included on the label of any container in which the edible cannabis or the cannabis accessory is packaged in accordance with these Regulations using smaller, larger or identical dimensions and spacing.

Marginal note:Dietary requirements

 It is prohibited to promote edible cannabis — or a cannabis accessory that contains edible cannabis — under subsections 17(2) to (6) of the Act if there are reasonable grounds to believe that the promotion could create the impression that the edible cannabis or accessory is intended

  • (a) to meet the particular dietary requirements of an individual

    • (i) who has a physical or physiological condition as a result of a disease, disorder or injury, or

    • (ii) for whom a particular effect, including weight loss, is to be obtained by a controlled intake of food; or

  • (b) to meet the dietary requirements of young persons.

Marginal note:Alcoholic beverages

 It is prohibited to promote cannabis, a cannabis accessory or a service related to cannabis under subsections 17(2) to (6) of the Act if there are reasonable grounds to believe that the promotion could associate the cannabis, the cannabis accessory or the service with an alcoholic beverage.

Marginal note:Tobacco products and vaping products

 It is prohibited to promote cannabis, a cannabis accessory or a service related to cannabis under subsections 17(2) to (6) of the Act if there are reasonable grounds to believe that the promotion could associate the cannabis, the cannabis accessory or the service with a tobacco product, as defined in section 2 of the Tobacco and Vaping Products Act, or a vaping product to which that Act applies.

Marginal note:Place where young persons are not permitted

 It is prohibited to promote cannabis, a cannabis accessory or a service related to cannabis under paragraphs 17(2)(b) and (3)(b) of the Act in such a manner that the promotion may be audible or visible from outside a place where young persons are not permitted by law.

Marginal note:Number of brand elements

 It is prohibited to promote cannabis, a cannabis accessory or a service related to cannabis under subsection 17(6) of the Act in a manner that results in the same brand element being displayed more than once on a thing referred to in that subsection or in more than one brand element being displayed on the thing.

Marginal note:Public place frequented mainly by young persons

 It is prohibited to promote cannabis, a cannabis accessory or a service related to cannabis under subsection 17(6) of the Act by displaying a brand element of cannabis, of a cannabis accessory or of a service related to cannabis on any thing that is in a school, a public playground, a daycare facility or any other public place frequented mainly by young persons or that is visible from such a place.

Marginal note:Dimensions of brand element

 A brand element referred to in subsection 17(6) of the Act must meet the following requirements:

  • (a) the surface area must be smaller than or equal to 300 cm2; and

  • (b) the height of any letter, character or number must be smaller than or equal to 4 cm.

PART 7Packaging and Labelling

Definitions

Marginal note:Definitions

  •  (1) The following definitions apply in this Part.

    common name

    common name, in respect of edible cannabis, has the same meaning as in subsection B.01.001(1) of the Food and Drug Regulations. (nom usuel)

    daily value

    daily value means

    • (a) in the case of a nutrient set out in column 1 of Part 1 of the Table of Daily Values, as defined in subsection B.01.001(1) of the Food and Drug Regulations, the quantity set out in column 3; and

    • (b) in the case of a nutrient set out in column 1 of Part 2 of the table referred to in paragraph (a), the quantity set out in column 4. (valeur quotidienne)

    energy value

    energy value means, in respect of a cannabis product, the amount of energy made available to a person’s body when the chemical components of the cannabis product, including protein, fat, carbohydrate and alcohol, are metabolized following ingestion of the cannabis product by the person. (valeur énergétique)

    expiry date

    expiry date means the date, expressed at minimum as a year and month, that is the end of the stability period of a cannabis product. (date limite d’utilisation)

    exterior display surface

    exterior display surface means the area on the exterior surface of an immediate container to which a label is applied and that is visible under customary conditions of purchase or use. (espace extérieur d’affichage)

    exterior surface

    exterior surface includes a label or an image. (surfaces extérieures)

    fat

    fat has the same meaning as in subsection B.01.400(1) of the Food and Drug Regulations. (lipides)

    food allergen

    food allergen has the same meaning as in subsection B.01.010.1(1) of the Food and Drug Regulations. (allergène alimentaire)

    food allergen source, gluten source and added sulphites statement

    food allergen source, gluten source and added sulphites statement means a statement appearing on the label of any container in which edible cannabis — or a cannabis accessory that contains edible cannabis — that is a cannabis product is packaged that indicates the source of a food allergen or gluten that is present in the cannabis product or the presence in the cannabis product of added sulphites in an amount of 10 p.p.m. or more. (mention des sources d’allergènes alimentaires ou de gluten et des sulfites ajoutés)

    gluten

    gluten has the same meaning as in subsection B.01.010.1(1) of the Food and Drug Regulations. (gluten)

    immediate container

    immediate container[Repealed, SOR/2019-206, s. 30]

    INCI name

    INCI name has the same meaning as in subsection 2(1) of the Cosmetic Regulations. (appellation INCI)

    label

    label does not include a panel referred to in paragraph 132.27(1)(b). (étiquette)

    p.p.m.

    p.p.m. means parts per million by weight. (p.p.m.)

    principal display panel

    principal display panel has the same meaning as in subsection 2(2) of the Consumer Packaging and Labelling Regulations. (espace principal)

    saturated fatty acids

    saturated fatty acids, saturated fat, saturates or saturated has the same meaning as in subsection B.01.001(1) of the Food and Drug Regulations. (acides gras saturés, graisses saturées, gras saturés, lipides saturés ou saturés)

    standardized cannabis symbol

    standardized cannabis symbol means the symbol set out in the document entitled Standardized Cannabis Symbol, as amended from time to time and published by the Government of Canada on its website. (symbole normalisé du cannabis)

    sugars-based ingredient

    sugars-based ingredient has the same meaning as in subsection B.01.001(1) of the Food and Drug Regulations. (ingrédient à base de sucres)

    sulphites

    sulphites means one or more of the following food additives:

    • (a) potassium bisulphite;

    • (b) potassium metabisulphite;

    • (c) sodium bisulphite;

    • (d) sodium dithionite;

    • (e) sodium metabisulphite;

    • (f) sodium sulphite;

    • (g) sulphur dioxide; and

    • (h) sulphurous acid. (sulfites)

    trans fatty acids

    trans fatty acids, trans fat or trans has the same meaning as in subsection B.01.001(1) of the Food and Drug Regulations. (acides gras trans, graisses trans, gras trans, lipides trans ou trans)

  • Marginal note:Definition of panel

    (2) For the purposes of sections 112 to 117, 121 and 132.13, subsections 132.27(2) to (7) and (9) and sections 132.28 to 132.32, panel means a panel referred to in paragraph 132.27(1)(b).

 
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