The B.C. Government introduced new requirements related to the sale, of vapour products under the newly enacted E-Substances Regulation under the Public Health Act.
Existing vapour product retailers will have a short transition period until September 15, 2020.
Health hazards
Under the Public Health Act, a health hazard is a thing, condition, or activity that will or is likely to endanger public health. In addition, the Public Health Act enables health hazards to be identified and addressed in regulation. A health hazard can be a defined condition, thing or activity either associated with injury or illness, or which fails to meet a certain standard relating to health, injury or illness.
Prescribing certain types of vapour products as health hazards allows public health officials to better manage the risk of harm they pose, particularly to youth. Under the E-Substances Regulation the following will now be health hazards:
- E-substances that contain non-therapeutic nicotine
- E-substances that do not contain nicotine, nicotine salts or cannabis
- Vapour products with contain non-therapeutic nicotine are health hazards under the Health Hazards Regulation. Non-therapeutic nicotine refers to nicotine which is not in the form of a drug for which a prescription is required or a product, such as nicotine gum or lozenge, which is intended to be sued or consumed for tobacco reduction or cessation purposes
Under the E-Substances Regulation, the sales of these health hazards are a regulated activity. New restrictions on the sales of specific e-substances will be applied to retailers and business owners.
The regulation introduces a new term, restricted e-substances. This is because there are new restrictions on the type of e-substances that can be sold in B.C. and new limitations as to where the restricted e-substances can be sold.
Sales Restrictions
Effective immediately
- All e-substances that do not contain nicotine, and those that contain both nicotine and cannabis, will be prohibited for sale
- Cannabis-only vapour products continue to be available for sale through authorized cannabis retailers
- Retailers cannot sell any E-substances that contain only flavoured chemicals (i.e. substances that do not contain nicotine, or nicotine salts or cannabis)
- All advertising of vapour products that can be seen, accessed, or heard by youth is prohibited. This includes places such as store windows and transit hubs
- New business owners must notify the Ministry of Health of their intention to sell restricted E-substances at least 6 weeks prior to their first sale by using the NOI form
- New business owners must report the products they wish to sell to the Ministry of Health at least 6 weeks prior to their first sale by submitting a product report, and a manufacturing report, if applicable
After September 15, 2020
- All flavoured restricted e-substances – except tobacco flavour – can only be sold at age-restricted sales premises
- Retailers selling restricted e-substances must ensure that the e-substances they sell meet the requirements with respect to labelling, packaging, volume, concentration and flavour
- All retailers must comply with notification and reporting requirements under the E-Substances Regulations
There are two types of sales premises in which vapour products may be sold and new requirements for the types of products that each retailer-type can sell:
- Age-restricted sales premises – where minors (those under 19 years of age) cannot are not permitted to enter and where customers must show proof of their age before buying products. Age-restricted stores include specialized vapour product stores. Tobacco flavoured e-substances and other flavoured restricted e-substances may be sold in an age-restricted sales premises. However, no retailer may sell the flavours listed in Schedule 3 of the federal Tobacco and Vapour Products Act.
- All-ages sales premises - where minors (those under 19 years of age) can enter. These sales premises include gas stations, convenience stores, and any other retail establishment where youth are permitted. Only restricted e-substances that taste or smell of tobacco may be sold at all-ages sales premises. No other flavours are allowed. The purpose of this restriction is to limit the range of choice in vapour products in stores where youth have access.
Flavourless e-substances sold in non-age restricted stores
In response to questions raised by retailers and manufacturers of vapour products, we are providing further clarity on the Province’s approach to requirements under Section 7 of the E-Substances Regulation (ESR) which restricts the sale of flavoured e-substances to sales premises where minors are not permitted access.
The actions taken by British Columbia to restrict the sale of flavoured vapour products will have a positive effect in reducing vaping product use amongst young people.
Under the E-Substances Regulation (ESR), a flavoured restricted e-substance is described as any product that has a taste or smell of anything other than tobacco. A vapour product that does not smell or taste of tobacco is considered a flavoured product under the ESR and therefore, cannot be sold in retail locations where youth are permitted. This includes, for example, vapour products that are described as clear or unflavoured.
The sale of flavoured vapour products from an age-restricted section to sell flavoured vapour products in an otherwise all-ages store is not permitted. Please refer to the September 29, 2023 notification on the Ministry of Health website for more information. Requirements under the Public Health Act and E-Substances Regulation - Province of British Columbia (gov.bc.ca).
The Province expects retailers to make every effort to comply with new vaping related regulations and where warranted, enforcement officers will use enforcement authorities authorized under the ESR and amendments to the Tobacco and Vapour Products Control Act (TVPCA) and Health Hazards Regulation under the Public Health Act. Retailer education materials are available on the Province’s website.
Questions or comments may be directed to vaping.info@gov.bc.ca.
Packaging
Federal regulations Vaping Products Labelling and Packaging Regulations (VPLPR) prescribe vapour product packaging standards.
The VPLPR requires all vapour products sold in Canada to include the following labelling standards:
- A list of ingredients
- A health warning that nicotine is highly addictive
- The concentration of nicotine
- Warnings regarding the toxicity of nicotine when ingested
Further to the VPLPR requirements, the Tobacco and Vaping Products Act (TVPA) prohibits vapour product manufacturers from creating packaging that makes a health claim, promotes vapour products, or attempts to appeal to youth.
Vapour products sold in B.C. must comply with all Federal legislation and regulations. For more information on the requirements for vapour products sold in Canada, including packaging and labelling, please view Health Canada’s Industry Guide.
B.C.’s Tobacco and Vapour Enforcement Officers (TVEOs) work with Health Canada inspectors to ensure that both provincial and federal laws are followed and to ensure that B.C. retailers comply with the packaging and labelling standards outlined in the VPLPR and TVPA.