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

Regulations are current to 2022-06-20 and last amended on 2021-07-08. Previous Versions

PART 2Labelling and Packaging — Protection of Human Health or Safety (continued)

Requirements (continued)

List of Ingredients (continued)

Marginal note:List of ingredients — placement

  •  (1) Subject to subsections (2) and (3), the list of ingredients must be displayed on the display surface of the immediate container of the vaping substance and on the display surface of any exterior package.

  • Marginal note:Exception — vaping device and vaping part

    (2) If the immediate container is a vaping device or vaping part and it is not packaged, the list of ingredients must be displayed on a tag attached to the vaping device or vaping part, as the case may be.

  • Marginal note:Exception — size of main display panel

    (3) If the main display panel of the immediate container has an area of less than 45 cm2, the list of ingredients must be displayed on the display surface of the exterior package or a tag attached to the immediate container.

Marginal note:Maximum nicotine concentration

 Subject to the Nicotine Concentration in Vaping Products Regulations, a vaping product must not contain nicotine in a concentration of 66 mg/mL or more.

Child-Resistant Containers

Marginal note:Requirement — child-resistant container

  •  (1) Every immediate container that is a vaping device or vaping part, as well as every other immediate container that contains a vaping substance that has a nicotine concentration of 0.1 mg/mL or more, must meet the requirements set out in section 51 for a child-resistant container.

  • Marginal note:Exception

    (2) Subsection (1) does not apply if exposure to a vaping substance that is in a form other than an aerosol is impossible during the reasonably foreseeable use of the container.

Marginal note:Applicable standard

  •  (1) A child-resistant container must

    • (a) be constructed so that it can be opened only by operating, puncturing or removing one of its functional and necessary parts using a tool that is not supplied with the container; or

    • (b) meet the child test protocol requirements of one of the following standards or a standard that is at least equivalent:

      • (i) the Canadian Standards Association Standard CAN/CSA Z76.1-16, entitled Reclosable child-resistant packages, as amended from time to time,

      • (ii) the International Organization for Standardization Standard ISO 8317:2015, entitled Child-resistant packaging — Requirements and testing procedures for reclosable packages, as amended from time to time, or

      • (iii) the United States Code of Federal Regulations, Title 16: Commercial Practices, section 1700.20, entitled “Testing procedure for special packaging”, as amended from time to time.

  • Marginal note:Amended standard

    (2) Despite paragraph (1)(b), if a person has applied the child test protocol requirements of one of the standards referred to in that paragraph to a child-resistant container, as the standard read immediately before the day on which an amended version of that standard is published, the person may continue to apply those requirements to the child-resistant container during the period of 180 days after the day on which the amended standard is published.

Marginal note:Maintain characteristics

 A child-resistant container must maintain the characteristics of a child-resistant container throughout the useful life of the vaping substance that is placed in it, or in the case of a refillable container, throughout its useful life, under normal conditions of storage, sale and use.

Marginal note:Evaluation

  •  (1) The responsible person, using good scientific practices, must evaluate

    • (a) the compatibility of the vaping substance with its child-resistant container to determine that the chemical or physical properties of the substance will not compromise or interfere with the proper functioning of the container; and

    • (b) the physical wear and stress factors and the force required for opening and closing the container to determine that the proper functioning of the container will be maintained for the number of openings and closings reasonably foreseeable for the size and contents of the container.

  • Marginal note:Definitions

    (2) The following definitions apply in this section.

    good scientific practices

    good scientific practices means

    • (a) for the development of test data, conditions and procedures that are in accordance with or equivalent to those set out in the Organisation for Economic Co-operation and Development document entitled OECD Guidelines for the Testing of Chemicals, as amended from time to time;

    • (b) for laboratory practices, practices that are in accordance with the principles set out in the Organisation for Economic Co-operation and Development document entitled OECD Principles of Good Laboratory Practice, Number 1 of the OECD Series on Principles of Good Laboratory Practice and Compliance Monitoring, as amended from time to time; and

    • (c) for human experience data, a peer-reviewed study of clinical cases. (bonnes pratiques scientifiques)

    human experience data

    human experience data means data, collected in accordance with good scientific practices, that demonstrates that injury to or poisoning of a human has or has not resulted from

    • (a) exposure to a vaping substance; or

    • (b) the reasonably foreseeable use of a vaping substance or immediate container by a consumer, including by a child. (données de l’expérience humaine)

Marginal note:Documents

  •  (1) The responsible person must prepare and maintain documents containing the following information and must keep those documents for a period of at least three years after the day on which the child-resistant container is manufactured or imported:

    • (a) the specifications critical to the child-resistant characteristics of the container, including

      • (i) the physical measurements within which the container retains its child-resistant characteristics,

      • (ii) if applicable, the torque that must be applied to open or close the container, and

      • (iii) the compatibility of the container and its closure system with the vaping substance that is to be placed into it; and

    • (b) the test results that demonstrate that the container and its closure system meet the requirements of a standard referred to in paragraph 51(1)(b).

  • Marginal note:Inspector’s request

    (2) In the case of a vaping substance for which a child-resistant container is required, the responsible person must provide an inspector with any of the documents that the inspector requests within 15 days after the day on which the request is received.

Marginal note:Directions for opening and closing

  •  (1) Directions for opening and, if applicable, closing a child-resistant container that meets the requirements of paragraph 51(1)(b) must be displayed on the closure system of the immediate container or on the display surface of the immediate container.

  • Marginal note:Exception — vaping device and vaping part

    (2) However, in the case of an immediate container that is a vaping device or vaping part, the directions may be displayed

    • (a) on a package containing the vaping device or vaping part, or on a leaflet that is inserted in the package; or

    • (b) if it is not packaged, on a tag that is attached to the vaping device or vaping part.

Marginal note:Single-use immediate container

  •  (1) Subject to subsections (3) and (5), the following statement must be displayed on the display surface of a child-resistant container that is an immediate container whose contents are to be used in their entirety immediately after the container is opened:

    “USE ENTIRE CONTENTS ON OPENING. THIS CONTAINER IS NOT CHILD-RESISTANT ONCE OPENED.”

    “UTILISER LA TOTALITÉ DU CONTENU APRÈS OUVERTURE. UNE FOIS OUVERT, LE CONTENANT N’EST PLUS UN CONTENANT PROTÈGE-ENFANTS.”

  • Marginal note:Exterior package

    (2) Subject to subsection (4), the statement must also be displayed on the display surface of the exterior package, if any.

  • Marginal note:Exception — immediate container

    (3) If the main display panel of the immediate container has an area of less than 45 cm2, the statement need not be displayed on the display surface of the immediate container.

  • Marginal note:Exception — exterior package

    (4) If the main display panel of the exterior package has an area of less than 45 cm2, the statement must be displayed on a tag attached to the immediate container.

  • Marginal note:Exception — immediate container that is not packaged

    (5) If the main display panel of the immediate container has an area of less than 45 cm2 and the immediate container is not packaged, the statement must be displayed on a tag attached to the immediate container.

Marginal note:Toxicity information

  •  (1) The following information must be displayed on the display surface of the immediate container of a vaping substance that contains nicotine in a concentration of 0.1 mg/mL or more:

    • (a) an exact reproduction, except with respect to size, of the hazard symbol set out in Schedule 1; and

    • (b) the following toxicity warning and first aid treatment statement:

      POISON: if swallowed, call a Poison Control Centre or doctor immediately.”

      POISON : en cas d’ingestion, appeler immédiatement un centre antipoison ou un médecin.

  • Marginal note:Exception — vaping device and vaping part

    (2) If the immediate container is a vaping device or vaping part and it is not packaged, the information must be displayed on a tag attached to the vaping device or vaping part, as the case may be.

  • Marginal note:Exterior package

    (3) The information must also be displayed on the display surface of the exterior package, if any.

  • Marginal note:Exception — exposure to vaping substance

    (4) However, the information is not required if exposure to a vaping substance that is in a form other than an aerosol is impossible during the reasonably foreseeable use of the container.

Marginal note:Vaping device and vaping part

 Despite sections 56 and 57, the information required by those sections need not be displayed on the display surface of an immediate container that is a vaping device or vaping part.

Presentation of Information

Marginal note:Languages, legibility and durability

 The information required under this Part must

  • (a) be displayed in both official languages;

  • (b) be clear and legible and remain so throughout the useful life of the vaping substance, or in the case of a refillable immediate container, throughout its useful life, under normal conditions of transportation, storage, sale and use; and

  • (c) be displayed in black type on a white background.

Marginal note:Information in words — general rules

  •  (1) If the required information is set out in words, the words must be displayed in a standard sans-serif type that

    • (a) is not compressed, expanded or decorative;

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

    • (c) in the case of an immediate container or exterior package whose main display panel has an area equal to or greater than 45 cm2, has a minimum height of 3 mm and a minimum body size of 8 points; and

    • (d) in the case of an immediate container or exterior package whose main display panel has an area of less than 45 cm2, has a minimum height of 2 mm and a minimum body size of 6 points.

  • Marginal note:Measurement of height of type

    (2) The height of the type must be determined in accordance with subsection 28(2).

  • Marginal note:Characters in text

    (3) Each character in the text of the required information must have the same font and type size.

Marginal note:Order of presentation of ingredients

  •  (1) The ingredients set out in the list of ingredients referred to in section 47 must,

    • (a) in the case of ingredients that are present in the vaping substance in a concentration of 1% or more, be set out in descending order of their proportions; and

    • (b) in the case of ingredients that are present in the vaping substance in a concentration of less than 1%, be set out in any order and immediately following the ingredients referred to in paragraph (a).

  • Marginal note:Concentration of ingredient

    (2) In this section, when the concentration of an ingredient in a vaping substance is expressed as a percentage, the percentage represents the ratio of the weight of that ingredient to the volume of the vaping substance.

  • Marginal note:Concentration — combination of flavours

    (3) In the case of ingredients that are added to a vaping substance solely to produce a combination of flavours, the proportion of the total concentration of those ingredients must be used to determine the order of setting out the indication “flavour” in the list of ingredients.

Marginal note:Directions to open and close

  •  (1) The directions for opening and, if applicable, closing a child-resistant container that are referred to in section 55 must be set out using either or both

    • (a) words;

    • (b) a diagram or self-explanatory symbol.

  • Marginal note:Official languages

    (2) If the directions are set out in words, they may be displayed in one official language on the closure system of the child-resistant container and repeated elsewhere on the display surface of the container in the other official language.

  • Marginal note:Diagram or symbol — colour contrast

    (3) If the directions are set out in a diagram or symbol, the contrast between the colour used for the information and that used for the background must be equivalent to at least a 70% screen of black on white.

Marginal note:Hazard symbol — minimum diameter

 The hazard symbol referred to in paragraph 57(1)(a) must,

  • (a) in the case of an immediate container or exterior package whose main display panel has an area equal to or greater than 45 cm², have a diameter at least as large as the diameter of an imaginary circle that has an area equal to 3% of the main display panel; and

  • (b) in the case of an immediate container or exterior package whose main display panel has an area of less than 45 cm², have a diameter of at least 6 mm.

Marginal note:Toxicity warning and first aid treatment statement

 The toxicity warning and first aid treatment statement referred to in paragraph 57(1)(b) must be displayed in such a manner that

  • (a) the word “POISON” is in bold-faced, upper case letters; and

  • (b) the statement is located immediately beside or below the hazard symbol referred to in paragraph 57(1)(a).

 
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