Canada Gazette, Part I, Volume 155, Number 25: Standards for Vaping Products' Sensory Attributes Regulations
June 19, 2021
Statutory authority
Tobacco and Vaping Products Act
Sponsoring department
Department of Health
REGULATORY IMPACT ANALYSIS STATEMENT
For the Regulatory Impact Analysis Statement, see the Order Amending Schedules 2 and 3 to the Tobacco and Vaping Products Act (Flavours).
PROPOSED REGULATORY TEXT
Notice is given that the Administrator in Council, pursuant to section 7.8 footnote a of the Tobacco and Vaping Products Act footnote b, proposes to make the annexed Standards for Vaping Products' Sensory Attributes Regulations.
Interested persons may make representations concerning the proposed Regulations within 75 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to the Tobacco Products Regulatory Office, Tobacco Control Directorate, Controlled Substances and Cannabis Branch, Health Canada, 150 Tunney's Pasture Driveway, Ottawa, Ontario K1A 0K9 (email: hc.pregs.sc@canada.ca).
Ottawa, June 10, 2021
Julie Adair
Assistant Clerk of the Privy Council
Standards for Vaping Products' Sensory Attributes Regulations
Interpretation
Definition of Act
1 In these Regulations, Act means the Tobacco and Vaping Products Act.
Application
Retail sale — vaping products
2 (1) These Regulations apply to every vaping product that is intended for retail sale in Canada.
Vaping products — otherwise furnished
(2) These Regulations also apply to every vaping product that is intended to be otherwise furnished, in Canada, at a point of sale that is a retail establishment where vaping products are ordinarily sold.
Non-application
3 These Regulations do not apply to a vaping product that is the subject of an authorization issued under the Food and Drugs Act, including a licence, authorizing its sale.
Purpose
Manufacturer — standards
4 For the purposes of section 7.2 of the Act, these Regulations establish the standards that manufacturers of vaping products must meet in respect of the sensory attributes of vaping products.
Standards
Sensory attributes — tobacco
5 (1) When an ingredient that may impart a flavour and that is referred to in item 12, column 1, of Schedule 2 to the Act is used in accordance with the Act in the manufacture of a vaping product, the vaping product or its emissions must not have sensory attributes that result in a sensory perception other than one that is typical for tobacco.
Sensory attributes — mint and menthol
(2) When an ingredient that may impart a flavour and that is referred to in item 13, column 1, of Schedule 2 to the Act is used in accordance with the Act in the manufacture of a vaping product, the vaping product or its emissions must not have sensory attributes that result in a sensory perception other than one that is typical for mint, menthol or a combination of mint and menthol.
Definition of sensory perception
(3) In this section, sensory perception means perception derived from stimuli to the olfactory, gustatory or trigeminal chemosensory system.
Coming into Force
180th day after registration
6 These Regulations come into force on the 180th day after the day on which they are registered.