The Vaping Products Reporting Regulations (VPRR) was registered as SOR/2023-123 on June 9, 2023, under the Tobacco and Vaping Products Act. 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. Additionally, the VPRR aims to enhance public health by providing clearer guidelines for the marketing and sale of vaping products. This change is crucial for understanding unlicensed health products, as it sets a framework for compliance that businesses must adhere to in order to ensure consumer safety. As the landscape of vaping continues to evolve, these regulations will play a vital role in shaping how products are presented and consumed in Canada. As the VPRR takes effect, manufacturers will need to adjust their practices to ensure compliance, which may involve seeking expert guidance. Many companies are considering agco legal representation services to navigate the complexities of these new regulations. Ultimately, these changes aim to promote safer vaping products and informed consumer choices.
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).
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.
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.
The VPRR provides several critical definitions, including ‘manufacturer’, ‘net sales’, ‘net volume’, ‘unique product identifier’, ‘vaping device’, ‘vaping part’, and ‘vaping substance’. 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. 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. These regulations aim to ensure consumer safety and product quality within the vaping market. By adhering to substance law advantages and benefits, manufacturers can foster greater trust among consumers and mitigate health risks associated with unregulated products. Furthermore, this oversight encourages innovation within the industry while maintaining strict compliance with health standards. To ensure compliance, retailers must familiarize themselves with the retail payment regulations overview, which outlines the acceptable payment methods for these products. Additionally, failure to adhere to these regulations may result in penalties or the revocation of retail licenses. Retailers are encouraged to stay updated on changes to laws governing vaping products to avoid any potential legal issues.
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). Importantly, all information in the reports must be in English or French.
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.
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.
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.
When to Submit
You must submit Sales Reports semi-annually (every six months). The deadlines correspond to two specific reporting periods each year:
- January 1 to June 30: Report is due on or before July 31.
- July 1 to December 31: Report is due on or before January 31 of the following year.
Note: If you did not sell a specific brand during a reporting period, you do not need to include it in that period’s report. However, if you sold a brand in a previous period and stopped selling it, it is good practice to ensure your records reflect this.
How to File
Like the Ingredients Report, Sales Reports must be submitted electronically via email to ac.cg.cs-ch@vprrr-rrpv.
You must use the Sales Report for Vaping Products form prescribed by Health Canada. This report requires you to break down data by brand and specific product metrics, including:
- Unique Product Identifier (UPI): (e.g., GTIN).
- Sales Volume: The number of packages (or units) sold in each province/territory, throughout Canada, and for export.
- Returns: The number of packages (or units) returned to you in each jurisdiction.
- Product Details: Total volume of vaping substance sold (mL) and nicotine concentration (mg/mL).
Ingredients Reports
Under the Vaping Products Reporting Regulations (VPRR), manufacturers (including importers and custom mixers) are required to submit detailed reports on the ingredients used in their vaping products. This requirement ensures Health Canada has accurate information regarding the composition of vaping substances available on the Canadian market.
Who Must Submit
You must submit an Ingredients Report if you manufacture or import:
- Vaping substances (e-liquids).
- Vaping devices that contain a vaping substance (e.g., disposables, pre-filled pods).
- Vaping parts that contain a vaping substance.
Note: Ingredients reports are not required for products manufactured solely for export, although sales reports are still required for these items.
Required Information
For every brand of vaping product, the report must detail each ingredient used in the manufacture of the vaping substance, including:
- Identity: Common name, chemical name, and CAS registry number (if applicable).
- Source: Name and civic address of the ingredient supplier.
- Concentration: The amount of the ingredient in the vaping substance (mg/mL or mL/mL).
- Nicotine Details: If the ingredient is nicotine, you must specify whether it is natural (extracted) or synthetic.
If an ingredient is itself a mixture (e.g., a flavour concentrate), you must report the details for each substance used to manufacture that ingredient. Suppliers may submit this proprietary information directly to Health Canada on your behalf using the Supplemental Ingredients Report form if they wish to keep the exact composition confidential from the manufacturer.
When to Submit
- New Products: You must submit the Ingredients Report on or before the day you first sell the product in Canada.
- Changes to Ingredients: If you modify the ingredients of an existing product, you must submit a “Notification of Change” before selling the modified product.
How to File
Reports must be submitted electronically via email to ac.cg.cs-ch@vprrr-rrpv. You must use the official forms prescribed by Health Canada:
- Ingredients Report for Vaping Products: For the main product submission.
- Notification of Change — Vaping Product Ingredients: For updates to previously reported products.
