Yes, Bottles matter too. And no, we’re not just being funny.
Everyone is scrambling to get e-liquid labels into compliance with Consumer Chemicals and Containers Regulations (CCCR), 2001 (and hopefully preparing for the application of the Canadian Consumer Product Safety Act (CCPSA) which is coming soon) but they seem to be forgetting about their bottles.
Perhaps we did not stress it enough previously, but to be perfectly clear, Health Canada has issued their Notice to Industry that clearly states, bottles MUST be child-resistant upon Royal Assent of Bill S-5.
We know that we are facing a challenge with the requirements for child-resistant tanks which is not something that we can control within our market and Health Canada is considering alternatives, but bottles is not something that they are as willing to negotiate at this time.
To be even more clear, being a child-resistant bottle, according to CCCR, 2001 means more than just being a push-down and turn cap.
9 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 CSA-Z76.1, ISO 8317 or 16 CFR 1700.20 or a standard that is at least equivalent.
E-liquid manufacturers MUST ensure that not only their labels comply with CCCR, 2001 upon Royal Assent, but that their BOTTLES HAVE CERTIFICATES meeting the requirements of a child-resistant container under CCCR, 2001.
Just as we faced with CE and ROHS certificates in the early days, there are a LOT of fake documents out there. We have also seen a number of documents that do represent certifications, but the facility that issued the certificates was not accredited by the appropriate agencies. Without the proper accreditation of the certifying agency, the document is worthless.
This 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.
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.
The clock is ticking and you are running out of time.