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E-substances regulation

E-Substances Regulation - Notice of Intent to sell E-Substances & Reporting Requirements

A new E-Substances Regulation ('the ESR') has been introduced as part of a multi-pronged effort to address the increase in youth vaping. The ESR has introduced new requirements related to the sale, of vapour products under the Public Health Act. New requirements include:

  • Prescribing health hazards and regulated activities under the Public Health Act
  • Restrictions on the sale and distribution of vapour products
  • Packaging and labelling requirements for vapour products
  • Reporting requirements for retailers of vapour products, including the requirement to submit a Notice of Intent to sell E-Substances to the Ministry of Health

The purpose of this webpage is to provide a link to the Notice of Intent to sell E-Substances form and provide an overview of the reporting requirements for retailers of vapour products.

Notice of Intent to sell E-Substances

NOTICE OF INTENT to Sell E-Substances FORM

Business owners must notify the Ministry of Health of their intent to sell restricted E-substances by submitting a, "Notice of Intent to Sell E-Substances" form to the Ministry of Health. The Notice of Intent to Sell E-Substances form is required for each separate sales premises for your business and for the sale of non-therapeutic nicotine E-substances. Business owners will be required to submit the following information:

  • Legal name of business
  • Name under which business conducted
  • Address of sales premises from which restricted e-substances are sold
  • Phone Number for sales premises
  • Email address for sales premises
  • Webpage for sales premises (if applicable)
  • If persons under 19 years of age are permitted on the sales premises
  • Health authority in which the sales premises is located

IMPORTANT DATES TO BE AWARE OF: If an existing retailer wishes to sell restricted E-substances after September 15, 2020, the business owner must submit the Notice of Intent and product report (and manufacturing report, if applicable) a minimum of 6 weeks before September 15, 2020. The Notice of Intent must also be submitted prior to January 15 of each year that a retailer intends to continue sales.

By completing the form at the link below, you will be submitting your Notice of Intent to the Ministry of Health, notifying the Ministry of your intent to sell restricted E-substances in British Columbia:

Business owners that fail to submit their Notice of Intent and that fail to comply with the new reporting requirements may be subject to offences under the Public Health Act.

 

Product Reporting

As a business owner who sells or intends to sell E-substances in British Columbia, you are required to provide product information reports for each restricted E-substance you intend to sell. Product reports must be submitted at least 6 weeks prior to selling a restricted E-substance at retail.

A Product Report must include the following information for each restricted E-substance that will be sold from the sales premises.

  • The name and contact information of the manufacturer
  • The brand name and product name
  • The type of product
  • The concentration of nicotine (in mg/mL)
  • The capacity (in mLs), of either the refillable container, or the tank/cartridge to hold the E-substance
  • A list of all the ingredients in an E-substance (both the common and scientific names unless one of these names is not available from the manufacturer)

Product information must be submitted by email to vaping.info@gov.bc.ca and must include the legal business name in the subject of the email.

If any of the above information changes for a restricted E-substance product, the business owner must report this change to the Ministry within 7 days of selling the changed product.

Manufacturing Reporting

As a business owner, if a retailer formulates, packages, re-packages or prepares restricted E-substances for sale at your sales premises, you are required to provide information about those E-substances. Manufacturing reports must be submitted at least 6 weeks prior to selling the restricted E-substance at the retail location.

A Manufacturing Report must include the following information for each restricted E-substance that will be sold from the sales premises.

  • Name and contact information of the manufacturer of each ingredient
  • Both the common and scientific names of each ingredient, unless one of these names is not available from the manufacturer

Sales Reporting

Prior to January 15 of each year, business owners must report the vapour product sales that have occurred during a specified reporting period. For each type of vapour product sold, a business owner must report on:

  • The number of containers and cartridges sold, grouped by brand name and product name
  • The volume (in mLs) of each restricted E-substance in the product
  • The flavour, if the restricted E-substance in the product is flavoured

 

The sales information must be collected during the reporting period of October 1 in one year to September 30 of the following year. The sales volume data collected during this reporting period must be reported by the business owner before January 15, of every year (i.e. all business owners must report the previous year's sales figures by this date).For example, business owners must submit their first sales report by January 15, 2022 for the sales period of October 1, 2020 to September 30, 2021.

 

For technical support in submitting your Notice of Intent or product and manufacturing reports, please email vaping.info@gov.bc.ca.

Further information on the E-Substances Regulation and information for retailers is available at the Ministry of Health website: https://www2.gov.bc.ca/gov/content/health/keeping-bc-healthy-safe/tobacco-vapour/requirements-under-public-health-act-e-substances-regulation.   

The full text of the E-Substances Regulation will be available at the BC Laws website: https://www.bclaws.ca/

 

Restrictions under the E-Substances Regulation

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.

Additional information:

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.


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.


There will be a short transition period for existing vapour product retailers until September 15, 2020 with respect to their existing stock. Under the new E-Substances Regulation retailers must only sell E-substances that are packaged in a plain manner that is compliant with the new packaging and labelling restrictions.

Retailers may only sell restricted E-substances in plain packages, without images and which include the following information:

  • The nicotine concentration of the E-substance (which cannot be more than 20 mg/mL)
  • The total volume of the e-substance within a package, or within a container or cartridge if the package contains multiple containers or cartridges
  • A warning that states: "WARNING: nicotine is highly addictive"
  • This warning symbol:
Warning Symbol - Skull with Octogon

E-substance packaging may include one or more of following:

  • The name and contact information of the manufacturer

·         The brand name and product name

·         The type of product (e.g. prepackaged cartridge/pod, pre-filled vape pen, e-liquid in a bottle)




SOURCE: E-substances regulation ( )
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