September 15th 2020, a tidal wave of new vaping regulations is about to hit the province of British Columbia. At VanGo vapes we are committed to the well-being of both our wholesale and our retail customers and we understand that knowledge is power. This blog strives to give you all the information you need to know about what is coming and how you can prepare.
The ESR is B.C.’s new E-Substance Regulation. The Ministry of health announced in July of 2020 that 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 vapor products continue to be available for sale through authorized cannabis retailers.
- Retailers cannot sell any E-substances that contain only flavored chemicals (i.e. substances that do not contain nicotine, or nicotine salts or cannabis).
- All advertising of vapor 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.
Effective after September 15th 2020
- All flavored restricted E-substances – except tobacco flavor- 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 flavor.
- All retailers must comply with the notification and reporting requirements under the ESR. (CLICK HERE FOR MORE)
So what does all this mean? Let us break it down!
Sales premises – There are two different types of sales premises in which vapor products may be sold. These include age-restricted premises as well as all-age premises. There are new requirements for the types of products that each retailer type can sell. Age-restricted premises (those under the age of 19 cannot enter), such as specialized vapor product stores, tobacco flavored E-substances and other flavored restricted E-substances may be sold, However, no retailer may sell the flavors listed in Schedule 3 of the federal Tobacco and Vapor Products Act (CLICK HERE FOR MORE). All-age premises (where persons under the age of 19 can enter) such as convenience stores, gas stations and other retail establishments, only restricted E-substances that taste or smell of tobacco may be sold. No other flavors are allowed.
Packaging – Retailers are only permitted to sell restricted E-substances in plain packages without images and which include the following information.
- Nicotine strength
- Total volume of E-substance per package or per cartridge if the package contains multiple containers or cartridges
- “WARNING; nicotine is highly addictive” along with the symbol. What can be included is the contact information of the manufacturer, the brand and product name and the type of product (i.e. pod, pre-filled vape pen, e-liquid).
Notifications and Reporting – Notice of Intent
Before selling any E-substance, business owners must notify the Ministry of Health. The NOI forms can be found online. (CLICK HERE FOR MORE) The information to be included is;
- Legal name of business
- Name under which business is conducted
- Address of sales premises from which restricted e-substance is sold
- Phone number for sales premises
- Email address for sales premises
- Webpage for sales premises
- Whether or not persons under 19 are permitted on premises
- Health authority in which the sales premises is located
Submission of the NOI must be done 6 weeks before the retailer intends to sell restricted e-substances. However, there is a transition period for retailers who began selling these substances prior to the ESR. These retailers need to submit their NOI 6 weeks before September 15th, 2020. After the first submission, business owners must submit a NOI annually before January 15th of each year.
Along with the NOI, a product report needs to be submitted. This report must include;
- The name and contact information of the manufacturer
- The brand name and product name
- The type of product
- The concentration of nicotine
- The capacity (in ml) of either the refillable container or the tank/cartridge to hold the substance
- The list of all ingredients (both common and scientific names) where applicable
If any changes are to be made to any of the items listed above, business owners have 7 days to report it to the Ministry of Health.
Manufacture reports must be submitted 6 weeks before the retailer first sells the product. Business owners must report the name and contact information of the manufacturer for each ingredient they use, along with each ingredients common and scientific names (if both names are available).
Business owners must report their vapor product sales annually. For each type of vapor product sold, business owners must report:
- The number of containers and cartridges sold, grouped by name and product name
- The volume (in mls) of restricted e-substance in the product
- The flavor, if the restricted e-substance in the product is flavored
This information must be collected from the period of October 1 -September 30 of the following year and submitted before January 15th of every year. These reports can be emailed to email@example.com
Our promise to our valued customers!
We are all in this together. The vaping industry is a thriving but very volatile industry with changes constantly being thrown at us. At VanGo vapes we pride ourselves on staying up to date with all the latest information and delivering it to you guys so we can all feel comfortable moving forward. We are currently “under-construction” and taking all the steps necessary to comply with the ESR. The line of communication will always be open for any question’s you guys may have, and we will work together to get through these coming weeks!
Links for more information:
E-Substance Guide - https://www2.gov.bc.ca/assets/gov/health/keeping-bc-healthy-safe/tobacco-regulation/bcs_esubstancereg_guide.pdf
Full Law Coverage - https://laws-lois.justice.gc.ca/eng/acts/t-11.5/FullText.html
Notice of Intent Vapour Products - https://www2.gov.bc.ca/gov/content/health/keeping-bc-healthy-safe/tobacco-vapour/notice-of-intent-vapour-products