Pest Control Products Regulations (SOR/2006-124)

27 [Repealed, SOR/2014-24, s. 14]

Marginal note:Brochures or leaflets

• 28 (1) If, under subsection 8(2) of the Act, the Minister specifies in the conditions of registration relating to the label that information required by these Regulations to be shown on the principal and secondary display panels may instead be shown in a brochure or leaflet that accompanies the pest control product, the following requirements must be met:

  • (a) the principal display panel must have prominently shown on it either the statement “READ ATTACHED BROCHURE (or LEAFLET) BEFORE USING.” or the statement “READ ACCOMPANYING BROCHURE (or LEAFLET) BEFORE USING.”; and

  • (b) the brochure or leaflet must contain all of the information that is to be shown on the principal and secondary display panels in addition to the specified information.

• Marginal note:Exception

  (2) The statement in paragraph (1)(a) does not need to appear on the container if, pursuant to subsection 31(1), a pest control product is transported in a railway tank car or a transport truck tanker-trailer and that tank car or tanker-trailer is the only container.

• Marginal note:Provided at distribution

  (3) Any brochure or leaflet referred to in subsection (1) must be provided to any user of the product at the time the product is distributed to them.

Marginal note:Product class designation “RESTRICTED” — notice

• 29 (1) If the principal display panel shows the product class designation “RESTRICTED”, the notice that is required by paragraph 26(2)(g) must appear prominently at the top of the secondary display panel, followed by the heading “RESTRICTED USES”, followed by the directions for use, the application rates, the timing and frequency of application and the limitations on the use of the pest control product to which the restriction relates. All of the foregoing must be circumscribed by a line to set the information apart from all other information that is required to be shown on the secondary display panel.

• Marginal note:Product class designation “RESTRICTED” — brochure or leaflet

  (2) Despite subsection (1), if the principal display panel shows the product class designation “RESTRICTED”, the directions for use, the application rates, the timing and frequency of application and the limitations on the use of the pest control product to which the restriction relates, together with the information required by paragraphs 26(1)(a) to (l) and (2)(a) and (c) may, if specified by the Minister in the conditions of registration relating to the label under subsection 8(2) of the Act, be shown instead in a brochure or leaflet that accompanies the pest control product.

Prescribed Devices

Marginal note:Schedule 1 devices

30 Despite subsections 26(1) and (2), the display panel of a registered pest control product that is a device of a type described in Schedule 1 must show

• (a) on the principal display panel, the information set out in paragraphs 26(1)(i), (k) and (l); and

• (b) on its secondary display panel, the information set out in paragraphs 26(2)(a) to (c).

Marginal note:Unregistered device — display panel

• 30.1 (1) An ultraviolet radiation-emitting device referred to in paragraph 4(1)(c) must have a display panel consisting of a principal display panel and a secondary display panel.

• Marginal note:Principal display panel

  (2) The principal display panel and, if any, the operating manual of the device must show the following information:

  • (a) its intended use;

  • (b) if it is to be distributed primarily to the general public for personal use in or around their homes, the statement “KEEP OUT OF THE REACH OF CHILDREN”;

  • (c) the statement

    • (i) if there is an accompanying operating manual, “READ THE LABEL AND ANY OPERATING MANUAL BEFORE USING”, and

    • (ii) “READ THE LABEL BEFORE USING” in any other case; and

  • (d) the name, postal address, telephone number and email address of a contact person in Canada to which public inquiries may be directed.

• Marginal note:Secondary display panel

  (3) The secondary display panel of the device must show the following information:

  • (a) under the heading “PRECAUTIONS”, the statements

    • (i) “WARNING – Ultraviolet radiation emitted from this device.”,

    • (ii) “Unintended use of the device, or damage to the housing, may result in exposure to ultraviolet radiation.”,

    • (iii) “Ultraviolet radiation may cause eye and skin irritation.”, and

    • (iv) “Avoid exposing eyes and skin to ultraviolet radiation.”;

  • (b) the statement “The use of this device is a supplement to and not a substitute for following best practices to control transmission of infections; users are to follow those best practices, including those related to the cleaning and disinfection of surfaces.”;

  • (c) under the heading “DIRECTIONS FOR USE”, the directions for the use of the device, notably on how to operate the device, any limitation on its use and, if applicable, instructions on how users may replace the ultraviolet lamp or any other component that emits ultraviolet light without exposure to ultraviolet radiation, including instructions on the frequency required for those replacements; and

  • (d) other information that identifies any risk to health or the environment associated with the handling, storage, display, distribution, use or disposal of the device, or of any of its components, and instructions on procedures for reducing those risks.

• Marginal note:Insufficient space

  (4) If there is insufficient space to fit the information on the secondary display panel, that information must be shown in an accompanying operating manual and the secondary display panel must show

  • (a) the information set out in paragraphs (2)(a) and (b); and

  • (b) as much of the other information set out in subsection (2) as possible.

Bulk Containers

Marginal note:Railway tank car or transport truck tanker-trailer

• 31 (1) Subject to subsections (2) and (3) and to any condition specified by the Minister under subsection 8(2) of the Act relating to the label, if a pest control product is transported in a railway tank car or a transport truck tanker-trailer and that tank car or tanker-trailer is the only container, the information required under subsections 26(1) and (2) must be shown on the documents that accompany the shipment.

• Marginal note:Storing or dispensing product

  (2) If a pest control product is stored in a railway tank car or a transport truck tanker-trailer or if the tank car or tanker-trailer is being used to dispense the product directly, then the documents required under subsection (1) must be

  • (a) affixed to the tank car or tanker-trailer and readily available for review by all persons handling the product, the tank car or the tanker-trailer; and

  • (b) if applicable, within reach of and clearly visible to the person operating the control valve that is used for dispensing the product.

• Marginal note:Providing information

  (3) Subject to any condition specified by the Minister under subsection 8(2) of the Act relating to the label, if a pest control product referred to in subsection (1) is distributed directly to a user of the product, the information required under section 26 must be provided to the user at the time of distribution.

Units of Measurement

Marginal note:Metric units

• 32 (1) Quantities shown on a label must be expressed in metric units.

• Marginal note:Decimal system

  (2) The declaration of net quantity must be shown in the decimal system to three figures, except that, if the net quantity is less than 100 g, 100 mL, 100 cm³, 100 cm² or 100 cm, it may be shown truncated to two decimal figures, and, in either case, any final zero that appears to the right of the decimal point need not be shown.

• Marginal note:Net quantity less than one

  (3) A net quantity that is less than one must be shown in the decimal system, with a zero before the decimal point, or in words.

• Marginal note:Metric units

  (4) The metric units in the declaration of net quantity must be shown

  • (a) in millilitres, if the net volume of the pest control product is less than 1 000 mL, except that 500 mL may be shown as 0.5 L;

  • (b) in litres, if the net volume is 1 000 mL or more;

  • (c) in grams, if the net mass is less than 1 000 g, except that 500 g may be shown as 0.5 kg; and

  • (d) in kilograms, if the net mass is 1 000 g or more.

• Marginal note:Optional Canadian units of measurement

  (5) In addition to being expressed in accordance with subsection (1), quantities shown on a label may also be expressed in the Canadian units of measurement set out in Schedule II to the Weights and Measures Act.

Packaging

Marginal note:Packages

• 33 (1) The package of a pest control product must be constructed to contain the product safely under normal conditions of storage, display and distribution.

• Marginal note:Safe access to contents

  (2) Every package must be constructed to permit

  • (a) the withdrawal of any or all of the contents in a manner that is safe to the user; and

  • (b) the closing of the package in a manner that will contain the pest control product safely under normal storage conditions.

• Marginal note:Minimize degradation

  (3) Every package must be constructed to minimize the degradation or change of its contents.

• Marginal note:When package essential to safety

  (4) If the package is essential to the safe and effective use of the pest control product, it must be constructed to meet any specifications that the Minister may specify in the conditions of registration under paragraph 8(1)(a) of the Act.

Storage and Display

• 34 (1) [Repealed, SOR/2014-24, s. 15]

• Marginal note:Storage, transportation and display

  (2) A pest control product must be stored or displayed in a separate room and transported in a separate compartment from any human food or animal feed or stored, displayed or transported in such a way as to avoid any possible contamination of the food or feed if the product bears the signal word “POISON” superimposed on the precautionary symbol for danger set out in item 2 of Schedule 3.

Distribution

Marginal note:Conditions on documents

35 When conditions of registration that relate to the distribution of a pest control product are specified by the Minister under paragraph 8(1)(a) of the Act, those conditions must be shown on the documents that accompany the shipment.

Import

General

Marginal note:Declaration — general

• 36 (1) Subject to subsection (2), the importer of a pest control product — except a pest control product described in paragraph 4(1)(f) or (g) — must provide the Minister with a declaration at the time of the importation, in English or French, signed by the importer, that sets out

  • (a) the shipper’s name and postal address, along with their email address or telephone number;

  • (b) the importer’s name and address, along with their email address or telephone number;

  • (c) the name of the pest control product, which may include a distinctive brand or trademark;

  • (d) if applicable, the number of the pest control product’s licence, certificate, permit, registration, foreign product use certificate, research authorization certificate or research notification certificate;

  • (e) the quantity of the pest control product being imported, expressed

    • (i) by volume, if the product is liquid, gaseous or viscous,

    • (ii) by mass, if the product is a solid or pressure-packed,

    • (iii) by number of units being imported, if the product is a device or a treated article, and

    • (iv) in terms specified by the Minister in the conditions of registration under paragraph 8(1)(a) of the Act, in any other case;

  • (f) if applicable, the chemical name, common chemical name or other name of each active ingredient of the pest control product, along with its quantity in the pest control product; and

  • (g) the purpose of the importation of the pest control product, expressed as follows:

    • (i) “For Distribution, Including Sale”, if the product is being imported for distribution, including sale,

    • (ii) “For Manufacturing Purposes”, if the product is being imported for use in the manufacture of a registered pest control product,

    • (iii) “For Research Purposes”, if the product is being imported for research purposes,

    • (iv) “For Grower Requested Own Use”, if the product is being imported under a foreign product use certificate issued under subsection 41(3), and

    • (v) “For (importer to specify the purpose)”, in any other case.

• Marginal note:Declaration — treated seed

  (2) The importer of treated seed must provide the Minister with a declaration at the time of the importation, in English or French, signed by the importer, that sets out

  • (a) the shipper’s name and postal address, along with their email address or telephone number;

  • (b) the importer’s name and address, along with their email address or telephone number;

  • (c) the name of the kind or species of seed;

  • (d) the country where the crop from which the seed is derived was grown;

  • (e) if applicable, the number of the treated seed’s licence, certificate, permit, registration, foreign product use certificate, research authorization certificate or research notification certificate;

  • (f) the quantity of treated seed that is being imported, expressed by mass;

  • (g) the chemical name, common chemical name or other name of each active ingredient of the pest control product that is incorporated into, or applied to, the seed, along with its quantity, expressed by mass or volume, as applicable, per 100 kg of seed;

  • (h) the name of the treated seed, including any distinctive brand or trademark; and

  • (i) the purpose of the importation of the treated seed, expressed as follows:

    • (i) “For Distribution, Including Sale”, if the seed is being imported for distribution, including sale,

    • (ii) “For Manufacturing Purposes”, if the seed is being imported for further manufacturing,

    • (iii) “For Research Purposes”, if the seed is being imported for research purposes,

    • (iv) “For Grower Requested Own Use”, if the seed is being imported under a foreign product use certificate issued under subsection 41(3), and

    • (v) “For (importer to specify the purpose)”, in any other case.

• Marginal note:Retention

  (3) The importer must keep the information set out in a declaration for two years after the day on which the importation of the pest control product in respect of which the declaration was made.