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Vaping Products Reporting Regulations in Canada

Helping Businesses in Canada Stay Onside And Resolve Their Legal Challenges.

The Vaping Products Reporting Regulations (VPRR) was registered as SOR/2023-123 on June 9, 2023, under the Tobacco and Vaping Products Act​1​. Designed to regulate the vaping industry, the VPRR has brought about significant changes. This article will delve into the details of these regulations, offering insight into what it means for manufacturers and consumers alike. This new regulation, registered under the Tobacco and Vaping Products Act, was published in the Canada Gazette, Part II, on June 9, 2023​1​.

The regulations prescribe specific information that manufacturers must submit to the Minister. This includes the name of the manufacturer, contact information, date of the report, and an attestation to the veracity of the information provided. Manufacturers are also required to create a unique product identifier for each brand of vaping product or assortment that does not have a Global Trade Item Number (GTIN)​1​.

A significant part of the VPRR is its requirements regarding the report on sales. Manufacturers need to provide detailed information for each brand of vaping product they sell, including the unique product identifier, type of vaping product, brand name, number of units in the package, and any distinguishing elements. For vaping products containing a vaping substance, additional details such as the name of the vaping substance, dominant flavour, nicotine concentration, and volume of the vaping substance are necessary​1​.

Key Definitions in the VPRR

The VPRR presents a detailed set of definitions for terms used in the vaping industry. For instance, it defines a ‘manufacturer’ as an entity excluding those that only package, label, or distribute vaping products on behalf of another manufacturer. Other terms such as ‘assortment’, ‘vaping device’, ‘vaping part’, and ‘vaping substance’ are also defined, providing a comprehensive language framework for the industry​1​.

The VPRR provides several critical definitions, including ‘manufacturer’, ‘net sales’, ‘net volume’, ‘unique product identifier’, ‘vaping device’, ‘vaping part’, and ‘vaping substance’​1​. Understanding these terms is crucial for comprehending the regulations and their implications.

Scope of the VPRR

The regulations apply to various types of vaping products intended for retail sale, including vaping parts (with or without a vaping substance), vaping devices (with or without a vaping substance), and vaping substances. The VPRR also applies to assortments intended for retail sale​1. However, the regulations do not apply to vaping products or assortments that have been authorized, including those issued a license, under the Food and Drugs Act​1​..

General Requirements for Reporting

According to the VPRR, manufacturers of vaping products are required to submit specific information to the Minister. The information includes the name of the manufacturer, the contact details of the individual who prepared the report, the date of the report, and the unique product identifier for each brand of vaping product or brand of assortment that does not have a Global Trade Item Number (GTIN)​1​. Importantly, all information in the reports must be in English or French​1​.

Sales Reports

The report on sales must contain information for each brand of vaping product, other than a brand of vaping product contained in an assortment, that a manufacturer sells during the period covered by the report. This includes the unique product identifier, the type of vaping product, the brand name or the brand family name, the number of units of the vaping product in the package, any additional brand element or any descriptive term that distinguishes the vaping product from other vaping products in the report, and, for certain types of vaping products, the name given to the vaping substance, its flavour, the concentration of nicotine, and the volume of the vaping substance per unit of the vaping product​1​.

When it comes to assortments, the report on sales must include the unique product identifier, the brand name or the brand family name, any additional brand element or any descriptive term that distinguishes the assortment from other assortments in the report, and a description of the contents of the assortment, including the same information as listed above for each brand of vaping product contained in the assortment​1​​2​.

In essence, the VPRR ensures transparency in the vaping industry by mandating detailed reporting from manufacturers. Stay tuned for updates as we continue to delve into the specifics of these regulations, including new vaping product reports and the specifics around the submission of reports.

This article aims to help readers understand the VPRR by providing clear, accessible information. Please note that this is a summary and does not cover all aspects of the regulations. For more detailed information, please refer to the official VPRR documentation​1​.

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