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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

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

Vaping Products Containing Nicotine (continued)

Nicotine Concentration Statement (continued)

Marginal note:Placement — prepackaged product

 If a vaping product is a prepackaged product, as defined in subsection 2(1) of the Consumer Packaging and Labelling Act, and its identity is shown, as required under subparagraph 10(b)(ii) of that Act, in terms of its common or generic name or in terms of its function, the nicotine concentration statement must be displayed immediately below that name or function.

Health Warning

Marginal note:Requirement — vaping product containing nicotine

 Every vaping product that contains nicotine must display a health warning.

Marginal note:List of health warnings

 The health warning that is required for a vaping product is the health warning set out for that vaping product in the document entitled List of Health Warnings for Vaping Products, as amended from time to time and published by the Government of Canada on its website.

Marginal note:Amended health warning

 Despite these Regulations, if a person has displayed, in accordance with this Part, a health warning that is set out in the List of Health Warnings for Vaping Products, as the list read immediately before the day on which the amended version of that list is published by the Government of Canada, the person may continue to so display that health warning during the period of 180 days after the day on which the amended list is published.

Marginal note:Placement — vaping device and vaping part

 The health warning 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 health warning 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:Exception — small exterior package

    (2) However, if the main display panel of the exterior package has an area of less than 15 cm2, the health warning may be displayed elsewhere on the display surface of the exterior package or in a leaflet.

  • Marginal note:Multiple layers of packaging

    (3) If a vaping device or vaping part is packaged in multiple layers of packaging, the health warning must also be displayed

    • (a) if the main display panel of the interior package has an area of at least 15 cm2,

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

      • (ii) on the main display panel of the interior package; and

    • (b) if the main display panel of the interior package has an area of less than 15 cm2,

      • (i) elsewhere on the display surface of the interior package, or

      • (ii) in a leaflet.

Marginal note:Placement — refill vaping product

  •  (1) The health warning 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:Exception — small refill vaping product

    (2) However, if the main display panel of the refill vaping product has an area of less than 15 cm2, the health warning may be displayed on a tag.

  • Marginal note:Placement — packaged refill vaping product

    (3) If the refill vaping product is packaged, the health warning must also be displayed on the main display panel of the exterior package.

Marginal note:Placement — vaping products in kit

  •  (1) The health warning 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 health warning 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

    • (a) the main display panel of that refill vaping product; or

    • (b) if the main display panel of the refill vaping product has an area of less than 15 cm2,

      • (i) the main display panel of the interior package of a refill vaping product that is packaged, or

      • (ii) a tag.

Marginal note:Placement — kit

  •  (1) If a vaping product that contains nicotine is packaged in a kit, the health warning that is required for that vaping product must be displayed on the main display panel of the kit.

  • Marginal note:One health warning — kit

    (2) However, if two or more of the vaping products in the kit contain nicotine, the required health warning need only be displayed once on the main display panel of the kit.

Marginal note:Attribution

 If a manufacturer attributes a health warning, the manufacturer must do so by displaying the phrase “Health Canada” immediately beside or below the English version of the health warning and the phrase “Santé Canada” immediately beside or below the French version of the health warning.

Vaping Products Without Nicotine

Marginal note:No nicotine

 A vaping product may display an expression permitted by section 23 if

  • (a) in the case of a vaping substance, it does not contain nicotine; and

  • (b) in the case of any other vaping product that contains a vaping substance, the product does not contain nicotine.

Marginal note:Permitted expressions

 Only one of the following expressions is permitted to be displayed on a vaping product:

  • (a) “Nicotine-free” in the English version of the expression and “Sans nicotine” in the French version of the expression;

  • (b) “No nicotine” in the English version of the expression and “Aucune nicotine” in the French version of the expression; or

  • (c) “Does not contain nicotine” in the English version of the expression and “Ne contient pas de nicotine” in the French version of the expression.

Marginal note:Placement

 An expression permitted by section 23 must be displayed only on the display surface of a vaping product or of any package containing the vaping product.

Presentation of Information

Official Languages

Marginal note:Required health warning and permitted expression

 The required health warning and any expression permitted by section 23 must be displayed in both official languages, in the same manner.

Technical Specifications

General

Marginal note:Integrity

  •  (1) The customary method of opening a vaping product or package must not sever, otherwise damage or render illegible any letter, word or part of the required information or of an expression permitted by section 23.

  • Marginal note:Exception — blister pack

    (2) Subsection (1) does not apply to an interior package that is a blister pack.

Marginal note:Permanence

 Any required information and any expression permitted by section 23 must be irremovable.

Marginal note:Legibility

  •  (1) Any required information must

    • (a) be displayed in a standard sans-serif type that

      • (i) is not compressed, expanded or decorative,

      • (ii) is black on a white background, and

      • (iii) as illustrated in Schedule 2, has a large x-height relative to the ascender or descender of the type; and

    • (b) be clear and legible and remain so throughout the useful life of the vaping product, under normal or customary conditions of transportation, storage, sale and use.

  • Marginal note:Measurement of height of type

    (2) The height of the type must be determined by measuring an upper case letter or a lower case letter that has an ascender or a descender, such as “b” or “p”.

 
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