Overview of BC E- Substances Regulations

 In Product Safety, Vaping

By: Ivy Tang, Product Safety Specialist, email

The province of British Columbia has enacted the E-Substances Regulations (ESR) to regulate the sale of e-substances, coming into force on September 15th, 2020. Below is a summary of the new changes effective on this date:

  1. Nicotine concentration is limited to a maximum of 20 mg/mL.
  2. Refill containers holding e-substances are limited to a maximum of 30 mL.
  3. The sale of flavored e-substances is limited to age-restricted premises. All-ages stores can only sell tobacco-flavored e-substances.
  4. All retailers must ensure that packaging and labeling are compliant.

The new packaging requirements under the ESR complement the federal Vaping Products Labeling and Packaging Regulations (VPLPR) which came into force on July 1st. However, plain packaging is required in BC. This means that retailers can only sell restricted e-substances in packaging that does not display additional images or text. The packaging must state the nicotine concentration, volume, and a health warning and symbol (same as those required under the VPLPR).

Effective immediately, all e-substances containing zero nicotine, nicotine salts, or cannabis are prohibited for sale. Also prohibited are e-substances containing both recreational nicotine and cannabis.

Effective immediately are amendments made to the Tobacco and Vapour Products Control Regulation stating that retailers, manufacturers, distributors, or wholesalers cannot advertise vapour products in a place that permits minors to see, hear, or access said advertisement. This includes spaces such as bus shelters, malls, and billboards.

Retailers and businesses must also be aware of new notification and reporting requirements. For further information, see here the Notice of Intent and Reporting Requirements – E-Substances Regulation.

Dell Tech Laboratories
Ivy Tang, B.Sc.
Product Safety Specialist
519-858-5021 ext 2043

Dell Tech has provided professional, confidential consulting services to the chemical specialty

industry in Canada, the USA, Europe, and Asia for the last 40 years.

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