Dr. Mike Moffatt, Ph.D. Director of Communications, Nexreg Compliance inc. Regulatory International Influences Health Canada concludes a busy summer of recalls and administrative changes While many of us had planned to relax and take it easy last summer, Health Canada did not appear to get the memo. They had an unusually active June, recalling products and making changes to the Canada Consumer Product Safety Act (CCPSA). Here’s what you need to know: CCPSA Changes: Administrative, but check the details On June 22, Regulations Amending the Consumer Chemicals & Containers Regulations, 2001 (CCCR, 2001, which governs the sale of consumer chemical products in Canada) was published in the Canada Gazette. Overall, nothing jumped out at me as being of particular concern for companies selling consumer products into Canada. The Gazette characterizes the revision as being “administrative changes to the regulations that have no policy implications; they reflect current legislative drafting practices, correct inconsistencies between the English and French versions and bring certain product safety standards incorporated by reference up to date with the most current versions.” While all of this is likely true, we highly recommend that companies read through the changes for themselves to see if there is anything that affects their operations. We have seen changes in the past that were “administrative” in nature having significant business consequences. The amendment can be found at: http://gazette.gc.ca/rp-pr/p2/2016/2016-07-13/html/ sor-dors170-eng.php Aerosols recalled for flame extension violations On June 30, Health Canada issued a full public recall of three Kilz Aerosol Primers, as, in the agency’s words, they did not “meet the requirements under Canadian law with respect to flame projection.” The CCCR, 2001 flame projection rules are often misunderstood by aerosol companies, in part because of the confusing way they are laid out in the regulations. The CCCR, 2001, which only covers products for sale to consumers, breaks flammable aerosol products into three types, with associated subcategories: 1. Has a flame projection of 100cm or more (Subcategory: Very Flammable) 26 Spray September 2016 2. Has a flame projection of 15cm or more but less than 100cm (Subcategory: Flammable) 3. Exhibits a flashback (Subcategory: Very Flammable) In most cases, Very Flammable products are banned as consumer products in Canada, although the regulations are very convoluted in their explanation of this, which confuses many companies. Health Canada’s CCCR Reference Manual provides more clarity on this point: “Chemical products classified as Very Flammable are prohibited in general, because they are too hazardous for household use without specialized training and equipment.” The one relevant exemption for aerosol companies is on products that exhibit a flashback, as described by the Reference Manual: The exception of Item Two to the table to Section 53 applies only to products that are classified as “very flammable” because they have a flashback. If a flashback is recorded during testing, the product is not prohibited if it meets the required labeling. The exception does not apply to products classified by the other “very flammable” criteria in addition to flashback, for example, spray containers that have a flame projection of 100cm or more, or refillable spray containers that contain a liquid with a flash point of less than -18°C. Put it all together, and aerosol products with flame extensions above 100cm (39.37") are banned in Canada. Companies with one of these products have one of three options: 1. Reformulate the product/container in some way to reduce the flame extension below the threshold. 2. Do not sell the product in Canada. 3. Label and sell the product only as a workplace product under The Workplace Hazardous Materials Information System (WHMIS) rules. The third option tends to be the most popular, but it comes with some pitfalls. Companies taking this route need to ensure
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