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Cannabis Regulations (SOR/2018-144)

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Regulations are current to 2022-05-02 and last amended on 2020-10-17. Previous Versions

PART 7Packaging and Labelling (continued)

General Provisions

Marginal note:Requirement — sale and distribution of cannabis product

  •  (1) A holder of a licence must not sell or distribute a cannabis product unless the applicable requirements set out in sections 108 to 136 have been met.

  • Marginal note:Requirement — exportation of cannabis product

    (2) A holder of a licence must not export a cannabis product unless the requirements set out in paragraph 123(1)(a) and subparagraphs 123(1)(c)(ii) and (iv) have been met.

Marginal note:Exception — shipping container

 The requirements set out in this Part do not apply in respect of a shipping container.

Packaging — Cannabis Products

Marginal note:Immediate container

 The immediate container in which a cannabis product, other than a cannabis plant or cannabis plant seeds, is packaged must

  • (a) be opaque or translucent;

  • (b) prevent contamination of the cannabis;

  • (c) in the case of dried cannabis, or a cannabis accessory that contains dried cannabis, keep the cannabis dry;

  • (d) have a security feature that provides reasonable assurance to consumers that it has not been opened prior to receipt;

  • (e) meet the requirements of a child resistant package under subsections C.01.001(2) to (4) of the Food and Drug Regulations; and

  • (f) not contain more than the equivalent of 30 g of dried cannabis, as determined in accordance with subsection 2(4) of the Act.

Marginal note:Cannabis plant — not budding or flowering

  •  (1) A cannabis plant must not be budding or flowering at the time of packaging.

  • Marginal note:Cannabis plant — container

    (2) The container in which a cannabis plant is packaged must not contain more than four cannabis plants.

Marginal note:Cannabis plant seeds — immediate container

 The immediate container in which cannabis plant seeds are packaged must

  • (a) keep the cannabis plant seeds dry; and

  • (b) not contain more than the equivalent of 30 g of dried cannabis, as determined in accordance with subsection 2(4) of the Act.

Marginal note:Brand element

 Subject to the other provisions of these Regulations, the interior surface and exterior surface of any container in which a cannabis product is packaged must not display any brand element.

Marginal note:Image

 Except as otherwise provided under the Act, any other Act of Parliament or any provincial Act, the interior surface, exterior surface and panel of any container in which a cannabis product is packaged must not display any image.

Marginal note:Uniform colour

  •  (1) Except as otherwise provided under the Act, any other Act of Parliament or any provincial Act, the colour of the interior surface, exterior surface and panel of any container in which a cannabis product is packaged must be one uniform colour. However, the colour of each surface and the panel may be different.

  • Marginal note:Colour — other requirements

    (2) The colour of the interior surface, exterior surface and panel must meet the following requirements:

    • (a) it must not have the lustre of metal or have metallic properties in the ink, such as Pantone Metallics or Pantone Premium Metallics;

    • (b) it must not be fluorescent, have fluorescent properties in the ink or have pigments that absorb ultraviolet energy and transmit it as a longer wavelength, such as the Pantone 800 series; and

    • (c) it must create a contrast with

      • (i) the yellow colour of the background of the health warning message, and

      • (ii) the red colour of the standardized cannabis symbol.

  • Marginal note:Exception

    (3) Despite subsection (2),

    • (a) an interior surface that is made of metal may be the colour of the metal; and

    • (b) an exterior surface of an immediate container that is made of metal, excluding the label or any image, may be the colour of the metal.

 [Repealed, SOR/2019-206, s. 33]

Marginal note:Texture

  •  (1) Except as otherwise provided under the Act, any other Act of Parliament or any provincial Act, the interior surface, exterior surface and panel of any container in which a cannabis product is packaged and any covering of such a container must have a smooth texture without any raised features, embossing, decorative ridges, bulges or other irregularities.

  • Marginal note:Non-application

    (2) Subsection (1) does not apply to the features of a container that are necessary to

    • (a) facilitate the opening and closing of the container; or

    • (b) assist visually impaired individuals.

Marginal note:Hidden features

  •  (1) The interior surface, exterior surface and panel of any container in which a cannabis product is packaged and any covering of such a container must not include any hidden feature that is designed to change the appearance of the container, covering or panel, such as heat-activated ink or a feature that is visible only through technological means, except a feature that is used to prevent counterfeiting.

  • Marginal note:Feature designed to change surface area

    (2) Subject to section 132.27, the interior surface and exterior surface of any container in which a cannabis product is packaged and any covering of such a container must not include any feature that is designed to change the surface area of the container or covering, such as a fold-out panel.

Marginal note:Scent and sound

 The interior surface, exterior surface and panel of any container in which a cannabis product is packaged and any covering of such a container must not be capable of emitting a scent or sound.

Marginal note:Covering — brand element

 The covering of any container in which a cannabis product is packaged must not display any brand element.

Marginal note:Covering — image or information

 Except as otherwise provided under the Act, any other Act of Parliament or any provincial Act, the covering of any container in which a cannabis product is packaged must not display any image or information.

Marginal note:Covering — transparent and colourless

 Except as otherwise provided under the Act, any other Act of Parliament or any provincial Act, the covering of any container in which a cannabis product is packaged must be transparent and colourless.

Marginal note:Cut-out window

 The interior surface, exterior surface and panel of any container in which a cannabis product is packaged must not include any cut-out window.

Marginal note:Bar code

  •  (1) A bar code may be displayed only once on any container in which a cannabis product is packaged.

  • Marginal note:Shape and colour

    (2) Every bar code must be rectangular in shape and not contain any image or design and must be printed in black and white.

Marginal note:Wrapper

 A wrapper may be used with respect to a cannabis product only if

  • (a) it is in direct contact with the cannabis or the cannabis accessory and with one or both of the following:

    • (i) the immediate container of the cannabis product,

    • (ii) a wrapper that is in direct contact with the cannabis or the cannabis accessory; and

  • (b) it is required to maintain the quality or stability of the cannabis product.

Marginal note:Packaging requirements — other Regulations

 The following immediate container and wrappers must meet the requirements set out in Division 23 of Part B of the Food and Drug Regulations and subparagraphs 186(a)(i), (ii) and (v) to (vii) of the Safe Food for Canadians Regulations as if the cannabis that the immediate container contains or with which the wrappers are in direct contact were a food for the purposes of that Division and those subparagraphs:

  • (a) the immediate container in which edible cannabis — or a cannabis accessory that contains edible cannabis — that is a cannabis product is packaged;

  • (b) any wrapper that is in direct contact with edible cannabis — or a cannabis accessory that contains edible cannabis — that is a cannabis product; and

  • (c) any wrapper that is in direct contact with a cannabis extract that is intended for ingestion — or a cannabis accessory that contains cannabis extract intended for ingestion — that is a cannabis product.

Marginal note:Maximum quantity — cannabis extract

 The immediate container of a cannabis extract that is a cannabis product must not contain more than 90 mL of extract that is in non-solid form at a temperature of 22 ± 2°C.

Marginal note:Outermost container

  •  (1) The outermost container in which a cannabis product is packaged must not contain

    • (a) food;

    • (b) more than one class of cannabis set out in Schedule 4 to the Act; or

    • (c) more than one immediate container.

  • Marginal note:Exception — multiple immediate containers

    (2) Despite paragraph (1)(c), the outermost container may contain more than one immediate container of edible cannabis if the following requirements are met:

    • (a) the outermost container meets the requirements of section 132.18;

    • (b) the immediate containers meet the requirements of section 132.18, if they contain edible cannabis that is in discrete units, or section 132.19, if they contain edible cannabis that is not in discrete units;

    • (c) the total quantity of THC in the immediate containers does not exceed 10 mg of THC, taking into account the potential to convert THCA into THC;

    • (d) the total quantity of cannabis in the immediate containers does not exceed the equivalent of 30 g of dried cannabis, as determined in accordance with subsection 2(4) of the Act;

    • (e) the statement “Contains the equivalent of (the quantity of dried cannabis, in grams, that is equivalent to the total quantity of cannabis, in grams, as determined in accordance with subsection 2(4) of the Act, in the immediate containers)g of dried cannabis” is displayed on the label of the outermost container; and

    • (f) the properties of the edible cannabis in all the immediate containers are consistent.

  • Marginal note:Interpretation — “unit”

    (3) For the purposes of paragraph (2)(a), the word “unit” referred to in subsection 132.18(1) is to be read as “immediate container”.

Marginal note:Control measures for dispensing cannabis extract

  •  (1) The immediate container of a cannabis extract that is a cannabis product and that is not in discrete units must

    • (a) not permit the extract to be easily poured or drunk directly from the container; and

    • (b) contain an integrated dispensing mechanism that dispenses no more than 10 mg of THC per activation, taking into account the potential to convert THCA into THC, if the cannabis extract

      • (i) is in liquid form at a temperature of 22 ± 2°C,

      • (ii) is not intended to be consumed only by means of inhalation, and

      • (iii) contains at least 10 mg of THC, taking into account the potential to convert THCA into THC.

  • Marginal note:Non-application — integrated dispensing mechanism

    (2) Paragraph (1)(b) does not apply to an immediate container in which a cannabis accessory referred to in paragraph 103.2(a) is packaged.

Labelling — Cannabis Products

Marginal note:Information

  •  (1) The following information must be included on the label that is applied to any container in which a cannabis product is packaged:

    • (a) the name, telephone number and email address of the following:

      • (i) in the case of a cannabis plant or cannabis plant seeds, the holder of a licence for cultivation that cultivated the cannabis plant or cannabis plant seeds, or

      • (ii) in the case of any other cannabis product, the holder of a licence for processing that manufactured the product;

    • (b) the class of cannabis set out in Schedule 4 to the Act to which the cannabis that is in the immediate container belongs;

    • (c) in respect of the product

      • (i) the brand name,

      • (ii) the lot number, preceded by one of the following designations:

        • (A) “Lot number”,

        • (B) “Lot no.”,

        • (C) “Lot”, or

        • (D) “(L)”,

      • (iii) the recommended storage conditions,

      • (iv) the packaging date, and

      • (v) except in the case of a cannabis plant, cannabis plant seeds or edible cannabis, either

        • (A) the expiry date in accordance with subsection (2), or

        • (B) a statement that no expiry date has been determined;

    • (d) the warning “KEEP OUT OF REACH OF CHILDREN / TENIR HORS DE LA PORTÉE DES ENFANTS”;

    • (e) one of the health warning messages set out in the document entitled Cannabis Health Warning Messages, as amended from time to time and published by the Government of Canada on its website, that applies to the cannabis product;

    • (f) in the case of a cannabis product that contains THC in a concentration greater than 10 μg/g, taking into account the potential to convert THCA into THC, the standardized cannabis symbol that must be obtained from the Minister in the form of an electronic file; and

    • (g) except in the case of dried cannabis or a cannabis plant, the statement “Contains the equivalent of (the quantity of dried cannabis, in grams, that is equivalent to the quantity of cannabis, in grams or seeds, as the case may be, as determined in accordance with subsection 2(4) of the Act, in the container)g of dried cannabis”.

  • Marginal note:Expiry date

    (2) The label of a container in which cannabis other than edible cannabis is packaged must not include an expiry date unless the holder of the licence for processing that manufactured the cannabis product has data that establishes the stability period during which, after the cannabis is packaged in accordance with these Regulations and stored under its recommended storage conditions,

    • (a) in the case of dried cannabis or fresh cannabis,

      • (i) it maintains not less than 80% and not more than 120% of its THC content and CBD content, and

      • (ii) the microbial and chemical contaminants it contains or has on it remain within the limits referred to subsection 93(3); and

    • (b) in the case of a cannabis extract or a cannabis topical,

      • (i) it maintains its THC content and CBD content within the variability limits referred to in subsection 97(1), and

      • (ii) the microbial and chemical contaminants it contains or has on it remain within the limits referred to in section 101.1.

  • Marginal note:No expiry date — edible cannabis

    (2.1) The label of a container in which edible cannabis is packaged must not include an expiry date.

  • Marginal note:Stability period — retention of document

    (3) The holder of the licence for processing that manufactured the cannabis product must, if they include an expiry date on the label of the container, retain a document that contains the data referred to in subsection (2) for at least two years after the day on which the last sale or distribution of any portion of the lot or batch of the cannabis product with that expiry date takes place, other than for destruction.

  • Marginal note:Rotation

    (4) The health warning messages referred to in paragraph (1)(e) must be displayed in rotation on each type of container of each brand name of the cannabis product that is packaged in a year, so that each health warning message is displayed, to the extent possible, on equal numbers of containers of that product.

  • Marginal note:Non-application — sections 26 and 27 of Act

    (5) Sections 26 and 27 of the Act do not apply with respect to the name and email address that are included on the label in accordance with paragraph (1)(a).

 
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