Updated: December 4, 2017
As we have seen by the introduction of Bill S-5, an Act to amend the Tobacco Act and the Non-smokers’ Health Act and to make consequential amendments to other Acts which will soon be the Tobacco and Vaping Products Act (TVPA) upon Royal Assent, the Government will begin to regulate vaping products under the Canada Consumer Product Safety Act (CCPSA).
As ECTA had determined in previous years, Health Canada’s recent Notice to Industry has stated that Consumer Chemicals and Containers Regulations (CCCR), 2001 will be applied to e-liquid, allowing for up to 66 mg/mL to be sold under the CCPSA. Enforcement will begin upon Royal Assent of Bill S-5.
Obviously, the Consumer Packaging and Labelling Act (CPLA) and Consumer Packaging and Labelling Regulations (CPLR) also apply to e-liquid labeling.
This WILL become law and it is the responsibility of the manufacturer (or retailer/distributor/wholesaler that imports e-liquid for sale) to ensure that their products are compliant, or you will (literally) pay the consequences. From the TVPA (Bill-S5):
7.2 No manufacturer shall manufacture or sell a vaping product that does not conform with the standards established by the regulations.
Product and promotion offences — manufacturer
43 (1) Every manufacturer who contravenes section 5, 7.2 or 19 is guilty of an offence and liable
(a) on summary conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding one year, or to both; or
(b) on conviction on indictment to a fine not exceeding $1,000,000 or to imprisonment for a term not exceeding two years, or to both.
These regulations are not a joke or anything to be taken lightly. Do not expect any enforcement agencies to hold your hand or cut any slack while you gradually come into compliance. Being “close” on these regulations is still a failure and enforcement agencies may issue citations and/or seize product on the spot.
The CCPSA, CPLA/R and CCCR, 2001 are not easy regulations for light reading. There is no simple list of “Must Have’s” or “Must Be’s” on a label because it really depends on the size and shape of the container. The CCPSA and CCCR, 2001 recognizes that manufacturers use many different types of containers and therefore adjusts the requirements based on that container.
With federal regulation looming and the large number of requests for assistance that we have been receiving, we must reserve assistance with CCPSA / CPLA / CPLR / CCCR, 2001 and label compliance services for our membership.