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Vaping Products Labelling and Packaging Regulations (SOR/2019-353)

Regulations are current to 2020-07-28 and last amended on 2020-07-01. Previous Versions

Vaping Products Labelling and Packaging Regulations

SOR/2019-353

CANADA CONSUMER PRODUCT SAFETY ACT

TOBACCO AND VAPING PRODUCTS ACT

Registration 2019-12-19

Vaping Products Labelling and Packaging Regulations

P.C. 2019-1416 2019-12-18

Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, makes the annexed Vaping Products Labelling and Packaging Regulations pursuant to

PART 1Labelling — Awareness of Health Hazards from Use of Vaping Products

Interpretation

Marginal note:Definitions

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

    display surface

    display surface means the portion of the surface area of a vaping product or package on which the information referred to in this Part can be displayed. It does not include the surface area of the bottom, of any seam or of any concave or convex surface near the top or the bottom of a vaping product or package. (aire d’affichage)

    exterior package

    exterior package means a package that contains a vaping product and that is displayed or visible under normal or customary conditions of sale or use of the vaping product. (emballage extérieur)

    interior package

    interior package means the innermost package of a vaping product, including a blister pack. (emballage intérieur)

    kit

    kit means a package that contains a collection of two or more units of vaping products. (trousse)

    main display panel

    main display panel means, in respect of a vaping product or package, the part of the display surface that is displayed or visible under normal or customary conditions of sale or use of the vaping product. It includes

    • (a) in the case of a vaping product or package that has a rectangular cuboid shape, one of the largest sides of the display surface;

    • (b) in the case of a vaping product or package that has a cylindrical shape, the larger of

      • (i) the area of the top, or

      • (ii) 40% of the area obtained by multiplying the circumference of the vaping product or package by the height of the display surface;

    • (c) in the case of a bag, the largest side of the bag; and

    • (d) in any other case, the largest surface of the vaping product or package that is not less than 40% of the display surface. (aire d’affichage principale)

    manufacturer

    manufacturer does not include an individual or entity that only packages or labels vaping products on behalf of a manufacturer. (fabricant)

    vaping device

    vaping device has the meaning assigned by paragraphs (a) and (b) of the definition vaping product in section 2 of the Tobacco and Vaping Products Act. (dispositif de vapotage)

    vaping part

    vaping part has the meaning assigned by paragraph (c) of the definition vaping product in section 2 of the Tobacco and Vaping Products Act. (pièce de vapotage)

    vaping substance

    vaping substance has the meaning assigned by paragraph (d) of the definition vaping product in section 2 of the Tobacco and Vaping Products Act. (substance de vapotage)

  • Marginal note:Interpretation — package

    (2) In this Part, a reference to an exterior package or interior package does not include package liners or shipping containers or any outer wrapping, including a box, that is not displayed or visible under normal or customary conditions of sale or use of a vaping product.

  • Marginal note:Interpretation — refill vaping product

    (3) In this Part, a reference to a vaping product that is intended to be used for the purpose of refilling another vaping product does not include a reference to a vaping device or vaping part.

  • Marginal note:Application of meanings in Tobacco and Vaping Products Act

    (4) All other words and expressions used in this Part have the same meaning as in the Tobacco and Vaping Products Act.

Application

Marginal note:Retail sale — vaping products

  •  (1) This Part applies to every vaping product that is intended for retail sale in Canada, as well as to its packaging.

  • Marginal note:Other means of furnishing — vaping products

    (2) This Part also applies to every vaping product that is intended to be furnished by any means other than retail sale, as well as to its packaging.

Marginal note:Non-application

 This Part does not apply to vaping products that are subject to the Food and Drugs Act.

Purpose

Marginal note:Labelling — Tobacco and Vaping Products Act

  •  (1) For the purposes of sections 15.1 and 15.2 of the Tobacco and Vaping Products Act, this Part sets out the labelling requirements that manufacturers of vaping products must meet

    • (a) in respect of information that is required to be displayed about vaping products and their emissions and about the health hazards and health effects arising from the use of those products and from their emissions; and

    • (b) in respect of the manner of displaying the information referred to in paragraph (a) on vaping products and their packages, as well as on leaflets and on any tags attached to vaping products.

  • Marginal note:Permitted expressions

    (2) For the purposes of sections 30.42 and 30.45 of the Tobacco and Vaping Products Act, this Part also sets out the requirements that manufacturers of vaping products must meet in respect of the manner of displaying certain non-mandatory expressions on vaping products and their packages.

Vaping Products Containing Nicotine

Nicotine Concentration Statement

Marginal note:Requirement — vaping product containing nicotine

 Every vaping product that contains nicotine must display a nicotine concentration statement.

Marginal note:Requirement — nicotine concentration

 The nicotine concentration statement must set out the concentration of nicotine in the vaping substance, expressed in milligrams per millilitre. The concentration must be preceded by “Nicotine — ” and followed by the unit of measure “mg/mL”.

Marginal note:Placement — vaping device and vaping part

 The nicotine concentration statement must be displayed, in the case of a vaping device or vaping part that is not packaged, on the main display panel or on a tag.

Marginal note:Placement — packaged vaping device and vaping part

  •  (1) The nicotine concentration statement must be displayed, in the case of a vaping device or vaping part that is packaged, on the main display panel of the exterior package.

  • Marginal note:Multiple layers of packaging

    (2) If a vaping device or vaping part is packaged in multiple layers of packaging, the nicotine concentration statement must also be displayed on

    • (a) the main display panel of the vaping device or vaping part, as the case may be; or

    • (b) the main display panel of the interior package.

Marginal note:Placement — refill vaping product

  •  (1) The nicotine concentration statement must be displayed, in the case of a vaping product that is intended to be used for the purpose of refilling another vaping product, on the main display panel of that refill vaping product.

  • Marginal note:Placement — packaged refill vaping product

    (2) If the refill vaping product is packaged, the nicotine concentration statement must also be displayed on the main display panel of the exterior package.

Marginal note:Placement — vaping products in kit

  •  (1) The nicotine concentration statement must be displayed, in the case of a vaping device or vaping part that is packaged in a kit, on

    • (a) the main display panel of the vaping device or vaping part, as the case may be;

    • (b) the main display panel of the interior package of the vaping device or vaping part, as the case may be; or

    • (c) a tag.

  • Marginal note:Kit — refill vaping product

    (2) The nicotine concentration statement must be displayed, in the case of a vaping product that is intended to be used for the purpose of refilling another vaping product and that is packaged in a kit, on the main display panel of that refill vaping product.

Marginal note:Placement — kit

  •  (1) If vaping products that contain nicotine are packaged in a kit, the nicotine concentration statement that is required for each of those vaping products must be displayed on the main display panel of the kit.

  • Marginal note:One nicotine concentration statement

    (2) However, if two or more of the vaping products in the kit have the same concentration of nicotine, the nicotine concentration statement that is applicable to those vaping products must be displayed only once on the main display panel of the kit.

 
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