Canadian & US Consumer Labeling
Choose Dell Tech for your retail chemical label review.
Consumer products must be accurately labeled in order to be sold in North America. Any product that is manufactured for non-commercial purposes, such as household and personal use, must adhere to the specific consumer regulations and hazardous material classifications. Conducting a consumer chemical label review is recommended to ensure your product is meeting the regulations.
Consumer Goods & Consumer Regulations
Chemical consumer products include, but are not limited to, dishwashing detergents, cleaners, air fresheners, and paints. These are common items you may find on the shelf of a retail store.
It is important to note that consumer products do not include products that require specific registrations, such as drugs, cosmetics, disinfectants, pesticides, and natural health products.
As consumer products are sold and used in different environments than workplace products, separate regulations are required to address the hazards that may be unique to each scenario. For example, toxic consumer products may require child-resistant packaging, which would not be necessary within a workplace.
Consumer regulations are meant to protect the average consumer by informing them of the potential hazards that a product may have, and they use specific hazardous material classification systems, test methods, and labeling criteria. For example, a corrosive consumer product does not require a symbol in the US, but does in Canada.
Consumer Product Compliance
There are numerous acts, regulations, and programs to take into account when labeling your consumer products. Non-compliance can result in costly fines, legal fees, and product recalls — all of which can slow down production and reduce profits. Manufacturers, retailers, and distributors should be aware of the following:
Canadian consumer products are regulated under the CCCR 2001 (Consumer Chemicals and Containers Regulations, 2001) which falls under the Canada Consumer Product Safety Act. There are regulated classifications that require specific phrases, as dictated by Health Canada, in English and Canadian French.
The regulations outline test methods, classification procedures, label formatting, label requirements (hazard symbols, warning statements, first aid instructions, etc.), print specifications (e.g. minimum allowable text size), and special exemptions.
The US Consumer Product Safety Commission (CPSC) regulates the labeling of hazardous household products in accordance with the Federal Hazardous Substances Act (FHSA) and Poison Prevention Packaging Act (PPPA).
Under the Consumer Product Safety Act, there are also regulated classifications that are set out in the Federal Register. CPSC labeling requirements include a signal word, an affirmative statement of the principal hazard, precautionary measures, first aid instructions, and handling and storage statements. The language used is not formally prescribed. In addition to the Federal laws, there are state laws that require label warnings or disclosure for ingredients, certain substances, and VOC content.
California Prop 65
On August 30, 2016 California Prop 65 (Safe Drinking Water and Toxic Enforcement Act of 1986) was updated to make significant changes to the “clear and reasonable” warning required under Article 6 for products that contain a substance known to the State of California to cause cancer, birth defects, or reproductive harm. The required changes for the product label include:
- A new symbol be used to preface the warning
- The word WARNING be printed in bold capital letters
- A link to the OEHHA Prop 65 website P65Warnings.ca.gov
- Specific statements for the warning
- Disclosure of ingredients that trigger the warning
- Options for a “On Label Warning” or “On Package Warning”
- Minimum font and symbol sizes
California Cleaning Product Right To Know Act
On October 15, 2017, the California Cleaning Product Right to Know Act of 2017 came into effect. This law requires Manufacturers and Distributors of Consumer & Commercial air care, automotive cleaning/maintenance, general cleanings, polish and floor maintenance products to provide a specific list of the chemicals used in their products on the label and on their website. There are no exemptions for small labels or small businesses.
The required changes for the product label include disclosure of intentionally-added ingredients, disclosure of any ingredient present on any one of the 23 different Designated Lists and present at ≥ 0.01%, disclosure of fragrance allergens present at ≥ 0.01%, a toll free number for the manufacturer, and a website address. The deadline for label disclosure is January 1, 2020.
The information to be disclosed on your website includes a list of all non-functional constituents present ≥ 0.01 percent (100 ppm); 1,4-dioxane, if it is present at ≥ 0.001 percent (10 ppm); the CAS # for each listed ingredient; function of each intentionally-added ingredient; web links to the designated lists for any ingredient disclosed; and a link to the Safety Data Sheet of the product. The deadline for website disclosure is January 1, 2020.
There are Federal and State Volatile Organic Compound (VOC) Regulations, including the US EPA, Ozone Transport Commission (NE states), and California Air Resources Board (CARB), that set VOC limits on most consumer and commercial cleaning products.
These regulations also set VOC limits on other categories such as polishes, paints coatings, cosmetic, aerosols, disinfectants, lubricants, and car maintenance products. There are special labeling requirements in California and OTC states for certain product categories.
New York Household Cleansing Product Information Disclosure Program
New York State has finalized its Information Disclosure program for Household Cleansing Products. Manufacturers and some suppliers will be required to post a list of all chemicals in their products on their websites starting July 1, 2019.
The regulations cover soaps and detergents used in commercial or consumer cleaning applications and includes, but is not limited to, cleaning fabric, dishes, utensils, and household and commercial properties. The listed manufacturer of the ‘bottled for’ entity must post these on each of their websites. This regulation sets some very prescriptive requirements with registrations, renewals, and references to substances of concern.
E-liquids have become increasingly popular over the past several years, causing labeling, design, and branding to become critical means for a product to stand out on the shelf. However, these products must comply with certain regulations in order to sufficiently address human health and safety risks associated with vaping, device malfunctions, and the protection of youth from nicotine addiction.
In Canada, all e-liquids and vaping products are subject to the following regulations: Consumer Chemicals and Containers Regulations (CCCR 2001), Consumer Packaging and Labeling Regulations, and the Tobacco and Vaping Products Act.
In the US, e-liquids containing nicotine are regulated under the FDA, which has listed requirements for font size and placement, label formatting, and warning statements.
Beginning October 2018, Amazon will no longer allow some restricted products in Canada to be sold online. As part of this, Amazon is clarifying that permitted products that are regulated in Canada must comply with all the federal laws prior to sale. Many of our clients are FBA’s with Amazon, a “Fulfillment by Amazon Seller”. As an FBA, there are requirements that Amazon advises must be on the label to be sold in Canada. One of these requests is to ensure that your packaging is in compliance with the Consumer Packaging and Labelling Regulations (C.R.C., c417). Additionally, all chemical ingredients must meet the Canadian Environmental Protection Act (CEPA).
The consumer packaging and labelling regulations advise on the requirements for what is needed on your label IN ADDITION to other requirements that may be required. If you do not comply with their requirements, your products may be pulled from their inventory and returned to your or possibly destroyed. Amazon vendors are required to submit a proof of compliance in the form of a test report by an ISO 17025 Accredited laboratory such as Dell Tech.
If you currently sell or plan to sell your product through Amazon, contact Dell Tech. We can help you meet your label compliance for Amazon in Canada. The Dell Tech Team are experienced retail chemical label consultants with proven success in meeting Amazon requirements. We have the experience to know what Amazon is looking for and can provide you with an accredited report that will meet their fulfillment needs.
WHMIS Custom Training Course
Most companies have their own internal SDS authoring system that they are using but do the individuals using the software know how to classify the products properly? Although SDS authoring systems provide the template format, one still needs to understand the particular regulations that are applicable for your products, how to classify properly for GHS as well as Transportation. SDS authoring systems have algorithms to help with this but in my experience, they are often incorrect and need that human touch and understanding of the regulations to create an SDS that is compliant for the country you are selling to.
Learn from a Dell Tech Laboratories expert on how to properly classify your hazardous products under the current Hazardous Products Regulations for Canada. An expert will introduce you to all the GHS categories applicable to your workplace, go through the requirements of a Safety Data Sheet, and provide examples of current products in your facility to help you classify on your own in the future. The course can be tailored for the beginner learner to the experienced SDS author. Our course can be created to include only those classifications that are pertinent to your company so you get the most out of your training experience. The session will occur through the GoTo Webinar platform. All slides and a copy of the video presentation will be provided after the course had been completed. Contact us today to determine what the training needs are of your internal authors.
Consumer Label (CCCR 2001, CPSC) Custom Training Course
Many companies sell their non-registered products on the shelves of some of the largest retailers such as Walmart and Amazon but are you in the know of all the regulations required to sell your products to these consumer outlets?
Learn from a Dell Tech Laboratories expert on how to properly classify your hazardous products under the current CCCR 2001 or CPSC (FHSA) requirements. There are different requirements for both Canada and US consumer products. An expert will introduce you to all the categories applicable to your products in Canada and/or the US, go through the requirements of a Consumer Label and provide examples of current products in your facility to help you classify on your own in the future. The course can be catered for the beginner learner to the experienced regulatory consultant who needs to brush up on the differences between the two countries. Our course can be created to include only those classifications that are pertinent to your company so you get the most out of your training experience. The US CPSC training can include California Prop 65 Requirements, VOC calculations and go into more detail about California Ingredient Disclosure if you sell in that particular state. The session will occur through the GoTo Webinar platform. All slides and a copy of the video presentation will be provided after the course had been completed. Contact us today to determine how we can help your staff classify the products in accordance with the applicable regulation.
HOW DELL TECH CAN HELP:
- Prepare CCCR report for products intended for sale within Canada
- Prepare CPSC report for products intended for sale within the United States
- Prepare Health Canada Checklist for Classification and Record-Keeping
- Provide Amazon Vendor Compliance Reports
- New York Household Cleansing Product Information Disclosure Program Guidance
- California Prop 65 Label Compliance Guidance
- California Cleaning Products Right to Know Act Guidance
- Federal and State VOC Labeling Compliance
- Provide guidance on e-liquids and other vaping devices