Pest Control Products Regulations (SOR/2006-124)

Regulations are current to 2017-11-20 and last amended on 2017-09-21. Previous Versions

 [Repealed, SOR/2014-24, s. 14]

Marginal note:Brochures or leaflets

 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 the statement “READ ATTACHED 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.

  • SOR/2014-24, s. 14.
Marginal note:Product class designation “RESTRICTED” — notice
  •  (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:Requirements

 The label for a pest control product that is a device of a type described in Schedule 1 must contain the information set out in paragraphs 26(1)(i), (k) and (l) and (2)(a) to (c).

Bulk Containers

Marginal note:Required information
  •  (1) If a pest control product is distributed in a bulk container, the information required by paragraphs 26(1)(a) to (d) and (h) to (l) and (2)(e) and (f) must be shown

    • (a) on the bulk container; and

    • (b) on the documents that accompany the shipment.

  • Marginal note:Additional information

    (2) If a pest control product is distributed in a bulk container directly to a user of the product, the information required by paragraph 26(1)(e) must also be shown in accordance with paragraphs (1)(a) and (b).

Units of Measurement

Marginal note:Metric units
  •  (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
  •  (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

  •  (1) [Repealed, SOR/2014-24, s. 15]

  • Marginal note:Procedure to avoid contamination

    (2) Pest control products that bear the signal word POISON superimposed on the precautionary symbol for danger set out in item 2 of Schedule 3 must not be stored or displayed with human food or animal feed, but must be stored or displayed in a separate room or be separated in such a way as to avoid any possible contamination of the food or feed.

  • SOR/2014-24, s. 15.

Distribution

Marginal note:Conditions on documents

 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 and contents
  •  (1) The importer of a pest control product — except a foreign product that is the subject of a foreign product use certificate — must provide the Minister with a declaration at the time of the importation, in English or French, signed by the importer, that sets out all of the following information:

    • (a) the name and postal address of the shipper;

    • (b) the product name of the pest control product;

    • (c) the chemical, common chemical or other name of the active ingredient of the pest control product and the amount of it contained in the product;

    • (d) the total amount of the pest control product being imported;

    • (e) the name and address of the importer; and

    • (f) the purpose of the importation, as follows:

      • (i) “For Resale”, together with the registration number of the pest control product, if it is registered and is being imported for resale,

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

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

      • (iv) [Repealed, SOR/2014-24, s. 16]

  • Marginal note:Retention

    (2) The information set out in a declaration must be kept for two years after the importation of the pest control product in respect of which the declaration was made.

  • SOR/2014-24, s. 16;
  • SOR/2016-61, s. 6(F).

Use of Foreign Products

Requirements

Marginal note:Procedure

 For the purpose of subsection 41(1) of the Act, the following requirements must be met before the use of a foreign product may be authorized:

  • (a) the Minister determines under section 38 that the foreign product is equivalent to a registered pest control product;

  • (b) the Minister issues a certificate of equivalency under subsection 39(1) with respect to the foreign product;

  • (c) the Minister approves the foreign product use label under section 40; and

  • (d) the person who wishes to use the foreign product applies to the Minister for an authorization in accordance with subsections 41(1) and (2).

  • SOR/2014-24, s. 17.
 
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