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

Application

Marginal note:Vaping products — consumer products

• 44 (1) This Part applies to vaping products that are consumer products.

• Marginal note:Non-application

  (2) For greater certainty, this Part does not apply to vaping products that are subject to the Food and Drugs Act.

Purpose

Marginal note:Requirements — Canada Consumer Product Safety Act

45 For the purposes of section 6 of the Canada Consumer Product Safety Act, this Part sets out requirements that must be met by vaping products that are consumer products.

Exception

Marginal note:Importation to bring into compliance or to export

• 46 (1) A person may import a vaping product that does not comply with a requirement of this Part for the purpose of

  • (a) bringing the product into compliance with the requirement;

  • (b) reselling the product to a manufacturer in Canada that will bring it into compliance with the requirement; or

  • (c) exporting the product to another country.

• Marginal note:Credible evidence

  (2) A person that imports a vaping product for a purpose described in subsection (1) must, on the request of an inspector, provide credible evidence to the inspector that it is being brought into compliance or is being exported.

Requirements

List of Ingredients

Marginal note:Contents

• 47 (1) A list of ingredients is required for every vaping substance and must set out the common name, without abbreviation, of each ingredient that is present in the vaping substance. The list must begin with the title “Ingredients:” in the English version of the list and the title “Ingrédients :” in the French version of the list.

• Marginal note:List of ingredients — “flavour”

  (2) If any ingredients or combination of ingredients are added to a vaping substance solely to produce a particular flavour or combination of flavours, instead of being denoted in the list of ingredients by their common names, those ingredients must be denoted by the indication “flavour” in the English version of the list and “arôme” in the French version of the list.

Marginal note:List of ingredients — placement

• 48 (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

49 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

• 50 (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

• 51 (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

52 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

• 53 (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

• 54 (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.