CCPSA Webinar Summary | ECTA of Canada

This article summarizes the points made during the Health Canada CCPSA webinar hosted June 28, 2018 at 10am (ET). The webinar was hosted by the Canada Consumer Product and Safety division of Health Canada.

Vaping products are regulated under TVPA and CCPSA unless therapeutic health claims are made. If therapeutic health claims are made, the product automatically falls under FDA regulations.
It is prohibited to manufacture, import, advertise, or sell a consumer product that does not meet the requirements set out in regulations under the CCPSA. Consumer Chemicals and Containers regulations apply to vaping products, and other regulations may apply.
As an interim measure, vaping devices with refillable tanks and other vaping device parts that hold or may hold vaping liquids with nicotine have been excluded from the scope of CCCR 2001 by subsection 4(4) of the CCPSA
All products that contain 0.1mg/g of Nicotine to 65.9mg/g of Nicotine must follow the appropriate CCCR 2001 regulations for labeling a toxic product. Sale of Nicotine products over 66mg/g is illegal.
Vaping products are subject to CCPSA enforcement AS OF MAY 23rd^, 2018
ALL PRODUCT ON SHELVES AT THIS TIME THAT ARE NOT COMPLIANT TO CCPSA AND CCCR,2001 STANDARDS CANNOT BE LEGALLY SOLD IN CANADA.

Enforcement of CCPSA Regulations

Enforcement of these regulations is currently in effect. Inspections are aimed at verifying compliance of a consumer product and helping to prevent non-compliance. You are encouraged to ask your inspectors questions. They can provide references and documents to help you understand your obligations.

Inspectors may:

Inspect locations where consumer product is manufactured, imported, or sold
Verify that industry is compliant with applicable requirements under the CCPSA and its regulations
Work with the industry to correct or remove products from the market that are non-compliant with the law
Verify that required records are prepared and maintained.

In situations where compliance does not seem to be met or is questionable, Health Canada Can:

Request suppliers to test or provide studies on product to verify compliances
Work with suppliers to carry out product recalls and to take other corrective actions
Issue orders to stop the manufacturing, importation, sale, etc. of a product or recall a dangerous product
Inspect products, documents, or materials
Disclose personal or business information, under specific criteria
Prosecute as a criminal offence or apply Administrative Monetary Penalties.

Industry Responsibilities

All manufacturers, importers, retailers, etc. are responsible for ensuring products they bring to market comply with the CCPSA and its regulations
Making sure the products that they manufacture, import, advertise, or sell on the Canadian market do not pose a “danger to human health or safety”
Keeping records to allow traceability of products within the distribution chain
- Retailers: prepare and maintain documents that indicate the name and address of the person from whom they obtained the product, the location where they sold the product and the period during which they sold the product
- Manufactures, Importers, Advertisers, sales, and tests: prepare and maintain documents that indicate the name and address of the person from whom they obtained the product or the person to whom they sold it, or both.
- Keep these records for 6 years after the end if they year which they relate to
Reporting of health or safety incidents with their consumer products
- Any occurrences in Canada or elsewhere that resulted or may reasonably have been expected to result in an individuals’ death or serious adverse effects of their health, including serious injury
- Defect or characteristic that may reasonably be expected to result in an individuals’ death or serious adverse effects of their health, including serious injury
- Incorrect or insufficient information on a label or in instructions, or the lack of label instructions, that may reasonably be expected to result in an individuals death or serious adverse effects on their health, including serious injury
- A recall measure that is initiated for human health or safety reasons by another jurisdiction or regulator (i.e. a recall in the USA of a product also sold in Canada)