Consumer Product Prohibitions and Regulations under the Canada Consumer Product Safety Act
Purpose
The purpose of this document is to inform stakeholders and the Canadian public of the regulatory activities that were taken to ensure that all existing prohibitions and regulations related to consumer products, previously under the Hazardous Products Act (HPA), continued under the new Canada Consumer Product Safety Act (CCPSA).
Annexes 1 and 2 are detailed "crosswalks" that show the transfer of items from the HPA Schedule I (Parts I and II respectively) to the CCPSA. All items in these Annexes are linked to the corresponding Justice Canada webpages for ease of reference.
Generally, regulations are continued from one Act to a replacement Act by operation of paragraph 44(g) of the Interpretation Act (IA). This paragraph provides that regulations made under a repealed enactment (in this case: Part I of the HPA) remain in force and are deemed to have been made under a new enactment (the CCPSA) that replaces the repealed one in so far as they are not inconsistent with the new enactment. For many of the consumer product regulations, the IA directly transferred the regulations from the HPA to the CCPSA without any amendments (e.g. the Hazardous Products (Tents) Regulations).
Although it has been repealed, references within regulations now under the CCPSA to Schedule I to the HPA are still valid by virtue of the IA. For example, the reference to Item 24 of Part II of Schedule I to the HPA by section 2 of the Hazardous Products (Charcoal) Regulations continues to be a reference to the text of this Item (i.e., "Charcoal for use in domestic cooking or heating") despite the fact that Schedule I to the HPA has been repealed. To see the HPA as it read on June 19th, 2010 (the day prior to the coming into force of the CCPSA and repeal of Part I and Schedule I to the HPA) please see the Justice Canada website.
There were also a number of amendments made to various Regulations due to differences in how the CCPSA and HPA are structured; without these amendments, the direct transfer of certain consumer product regulations would have resulted in regulatory gaps. For example, under the HPA, the import, advertising or sale of a regulated product had to be specifically authorized. The CCPSA regime, by contrast, does not require authorization but imposes specific requirements and prohibitions on regulated consumer products. Therefore, some regulations had to be amended while others were repealed and replaced as part of their transfer to the CCPSA. In addition, some of the prohibitions previously under the HPA had to be prescribed into new regulations under the CCPSA. More information on these amendments is available below under the heading "Certain Prohibitions and Regulations were transferred from the HPA to the CCPSA". In addition, please see the Canada Gazette website for the official publication of these amendments.
It is important to note that these regulatory activities did not result in any new regulatory requirements for industry. Furthermore, protection of the health and safety of Canadians was maintained throughout the transfer process.
Background
The CCPSA came into force on June 20, 2011. It established legislative and regulatory requirements to help protect the public by addressing dangers posed by unsafe consumer products.
The objective of the new legislation is to modernize and strengthen product safety laws by overhauling existing rules to further protect the health and safety of Canadians. The CCPSA has enhanced the federal government's ability to take action when consumer products pose, or are likely to pose, a danger to human health or safety. Additionally, the CCPSA gives the Government the power to order recalls on products that are found to be unsafe.
Prior to June 20, 2011, the HPA consisted of three Parts. Part I of the HPA dealt with consumer products and referenced Schedule I which consisted of two Parts (i.e., Schedule I, Part I and Schedule I, Part II). Part II of the HPA deals with the Controlled Products Regulations and Ingredient Disclosure List. They set out the supplier label and material safety data sheet requirements for the Workplace Hazardous Materials Information System (WHMIS) in Canada. Part III deals with administration and enforcement of the HPA. It is important to note that Part II and Part III of the HPA were not repealed when the CCPSA came into force. Parts II and III currently remain in force.
Certain Prohibitions and Regulations were transferred from the HPA to the CCPSA
Part I of Schedule I to the HPA itemized prohibited products (completely prohibited or prohibited with conditions). For example:
- Baby walkers are prohibited under all conditions and are not allowed to be imported, sold, or advertised in Canada.
- Toys are prohibited if certain conditions are not met. For example, if a toy contains excessive levels of lead or emits a sound over 100 decibels, it is prohibited.
Part II of Schedule I to the HPA itemized products for which there were restrictions. These products were referred to as regulated products, and each regulation had specific requirements.
The CCPSA contains a list of prohibited products (Schedule 2); however, it does not specifically have a list of regulated products. To see all Regulations under the authority of the CCPSA please visit the CCPSA Justice Canada webpage and scroll down to the heading "Regulations made under this Act".
When the CCPSA came into force, the Items (consumer products) listed in Parts I and II of Schedule I to the HPA were repealed. Under the current CCPSA, these Items are addressed as follows:
Prohibited Items (previously under Part I of Schedule I to the HPA)
Thirty-one prohibited Items previously under Part I of Schedule I to the HPA are now either prohibited or regulated under the CCPSA, and these Items are:
- Listed on Schedule 2 to the CCPSA;
- Incorporated into an existing Regulation via a regulatory amendment;
- Incorporated into Regulations that repealed and replaced Regulations; or
- Prescribed in new Regulations if there were no previously existing Regulations.
Two prohibited Items under Part I of Schedule I to the HPA were not transferred to the CCPSA.
See Annex 1 for a complete listing of where these Items are currently found under the CCPSA.
Restricted (Regulated) Items (previously under Part II of Schedule I to the HPA)
The thirty-six regulated Items previously under Part II of Schedule I to the HPA are now regulated under the CCPSA (note that some Regulations address multiple repealed restricted Items):
- Twenty product-specific Regulations were transferred without amendments pursuant to paragraph 44(g) of the IA.
- Two product-specific Regulations were amended to ensure the existing requirements and prohibitions continued under the CCPSA.
In addition, the Department made amendments to two Regulations to address recommendations made by the Standing Joint Committee for the Scrutiny of Regulations. These ensured that inconsistencies between the English and French text and other non-substantive issues in the Regulations were corrected.
See Annex 2 for a complete listing of where these Items are currently found under the CCPSA.
Prohibited Items from Part I of Schedule I to the HPA that were not transferred to the CCPSA
For the reasons described below, the following two Items from Part I of Schedule I to the HPA were not transferred to the CCPSA:
- 1) Item 36: Any mechanism that resembles or is intended to resemble a "clock-bomb"
Item 36 of Part I of Schedule I to the HPA was not transferred to the CCPSA because the product in itself is not and will not likely be a danger to the health and safety of the public. Any danger that may arise from these mechanisms is due to their illegal use, and the use or misuse of these products is a matter more closely associated with regulating peace and order. The criminal use of imitation bombs or replica explosive devices is currently prohibited under the Criminal Code.
- 2) Item 41: Cigarettes that do not meet certain flammability standards
Item 41 of Part I of Schedule I to the HPA was not transferred to the CCPSA because this prohibition is currently regulated under the Cigarette Ignition Propensity Regulations made under the Tobacco Act. However, subsection 4(2) of the CCPSA recognizes that cigarette ignition propensity can be regulated under the CCPSA.
Contact
For more information, please contact Consumer Product Safety at CCPSA-LCSPC@hc-sc.gc.ca.
References
- Canada Consumer Product Safety Act
- Hazardous Products Act (up to June 19th, 2011)
- Current Hazardous Product Act
- Interpretation Act
Annex 1: Crosswalk of the Transfer of Items from Part I of Schedule I to the Hazardous Products Act to the Canada Consumer Product Safety Act
Part I of Schedule I to the Hazardous Products Act | Canada Consumer Product Safety Act |
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2. Furniture and other articles for children that are painted with a surface coating material that contains lead compounds of which the total lead content is more than 600 mg/kg. |
Incorporated in the Surface Coating Materials Regulations |
3. Yo-yo type balls and similar products made of a soft and pliable material and consisting of at least a ball or an object of any other shape that is attached to a stretchable cord, whether or not of the same material, that is capable of extending to at least 500 mm in length. |
Incorporated in the Toys Regulations |
4. Products that are made in whole or in part of textile fibres -- other than products included in items 5 and 13 of this Part and items 14, 25, 26, 29, 30, 31.1, 32, 40 and 46 of Part II of this schedule -- and that, when tested in accordance with the Canadian General Standards Board standard CAN/CGSB 4.2 NO. 27.5-94 entitled Textile Test Methods - Flame Resistance - 45° Angle Test - One Second Flame Impingement, as amended from time to time, have a time of flame spread of either of the following:
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Prescribed in the Textile Flammability Regulations (new) |
5. Children's sleepwear -- other than products included in item 40 of Part II of this schedule -- in sizes up to and including size 14X that, when tested in accordance with the Canadian General Standards Board standard CAN/CGSB 4.2 NO. 27.5-94 entitled Textile Test Methods - Flame Resistance - 45° Angle Test - One Second Flame Impingement, as amended from time to time, have a time of flame spread of 7 seconds or less. |
Incorporated in the Children's Sleepwear Regulations |
6. Spectacle frames that, in whole or in part, are made of or contain cellulose nitrate. |
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7. Toys, equipment and other products for use by a child in learning or play that are, in whole or in part, made of or impregnated with celluloid or cellulose nitrate, other than Ping Pong balls. |
Incorporated in the Toys Regulations |
8. Toys, equipment and other products for use by a child in learning or play that contain any of the following substances:
where the substance can, under reasonably foreseeable circumstances, become accessible to a child or where the substance is a filling that may be released on breakage or leakage. | |
Incorporated in the Toys Regulations |
9. Toys, equipment and other products for use by a child in learning or play that have had a surface coating material applied to them that contains any of the following substances:
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Incorporated in the Toys Regulations |
10. Toys, equipment and other products for use by a child in learning or play that
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Incorporated in the Toys Regulations |
11. Kite strings made of a material that is a conductor of electricity. |
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12. Baby walkers that are mounted on wheels or any other device permitting movement of the walker and that have an enclosed area supporting the baby in a sitting or standing position so that their feet touch the floor, thereby enabling the horizontal movement of the walker. |
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13. Bedding, except mattresses, that is made in whole or in part of textile fibres and that, when tested in accordance with the Canadian General Standards Board standard CAN/CGSB 4.2 NO. 27.5-94 entitled Textile Test Methods - Flame Resistance - 45° Angle Test - One Second Flame Impingement, as amended from time to time, has a time of flame spread of 7 seconds or less, if the bedding either
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Prescribed in the Textile Flammability Regulations (new) |
14. Products for babies, including teethers, soothers and pacifiers, that are put in the mouth when used and that contain a filling that has in it a viable micro-organism. |
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15. Structural devices that position feeding bottles to enable babies to feed themselves therefrom while unattended. |
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16. Polycarbonate baby bottles that contain 4,4' - isopropylidenediphenol (bisphenol A). |
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17. [Repealed, SOR/2009-109, s. 1] |
Not Applicable |
18. Pencils and artists' brushes that have had a surface coating material applied to them that contains more than 600 mg/kg of total lead. |
Incorporated in the Surface Coating Materials Regulations |
19. Ice hockey helmets that do not meet the requirements of Canadian Standards Association standard CAN/CSA-Z262.1-M90, entitled Ice Hockey Helmets, as amended from time to time. |
Prescribed in the Ice Hockey Helmet Regulations (new) |
20. Products for protecting the face of ice hockey and box lacrosse players that do not meet the requirements of Standard CAN 3-Z262.2-M78, Face Protectors for Ice Hockey and Box Lacrosse Players, a standard of the Canadian Standards Association, published in English in December, 1978 and in French in June, 1979. |
Prescribed in the Face Protectors for Ice Hockey and Box Lacrosse Players Regulations (new) |
21. Toys, equipment and other products for use in blowing balloons by a child that contain any aromatic, aliphatic or any other organic solvent, which solvent or any vapour therefrom may, during or as a result of the normal use of the product, be released directly into the mouth. |
Incorporated in the Toys Regulations |
22. [Deleted, SOR/2001-270, s. 3] |
Not Applicable |
23. Disposable metal containers that contain a pressurizing fluid composed in whole or in part of vinyl chloride and that are designed to release pressurized contents by the use of a manually operated valve that forms an integral part of the container. |
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24. [Deleted, SOR/93-235, s. 2] |
Not Applicable |
25. [Deleted, SOR/2001-270, s. 4] |
Not Applicable |
26. Liquids containing polychlorinated biphenyls for use in microscopy, including immersion oils but not including refractive index oils. |
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27. Kites that are, or contain any decorative or functional part or component that is, made of uninsulated metal that
and that is separated from adjacent conductive areas by a non-conductive area of less than 50 mm (2 inches). |
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28. [Repealed, SOR/2007-259, s. 2] |
Not Applicable |
29. Candles that are designed in such a manner that, when lighted and subsequently extinguished by any means, they re-ignite spontaneously. |
Prescribed in the Candles Regulations (new) |
30. Products made in whole or in part of textile fibres, intended for use as wearing apparel, that are treated with or contain tris (2,3 dibromopropyl) phosphate as a single substance or as part of a chemical compound. |
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31. Any substance used to induce sneezing, whether or not called "sneezing powder", that contains
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32. Cutting oils and cutting fluids, for use in lubricating and cooling the cutting area in machining operations, that contain more than 50 micrograms per gram of any nitrite, when monoethanolamine, diethanolamine or triethanolamine is also present. |
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33. [Repealed, SOR/2009-192, s. 1] |
Not Applicable |
34. Urea Formaldehyde based thermal insulation, foamed in place, used to insulate buildings. |
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35. Devices for use in motor vehicles for the purpose of restraining infants, which devices do not meet the requirements of Schedule 4 to the Motor Vehicle Restraint Systems and Booster Cushions Safety Regulations. |
Incorporated in the Restraint Systems and Booster Seats for Motor Vehicles Regulations |
36. Any type of mechanism that
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Not Transferred |
37. [Repealed, SOR/2007-259, s. 3] |
Not Applicable |
38. [Deleted, SOR/2001-270, s. 5] |
Not Applicable |
39. Lawn darts with elongated tips. |
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40. [Repealed, SOR/2007-259, s. 4] |
Not Applicable |
41. Cigarettes that, when tested in accordance with the method set out in the regulations, do not meet the requirements of the flammability standard set out in the regulations. |
Not transferred; however, section 4(2) recognizes that cigarette ignition propensity can be regulated under the Act. |
42. Jewellery that is produced, sized, decorated, packaged, advertised or sold in a manner that appeals primarily to a child under 15 years of age -- except merit badges, medals for achievement or other similar objects normally worn only occasionally -- and that contains more than 600 mg/kg of total lead and more than 90 mg/kg of migratable lead, when tested using practices that are in accordance with the principles set out in the Organisation for Economic Co-operation and Development's document entitled OECD Principles of Good Laboratory Practice, Number 1 of the OECD Series on Principles of Good Laboratory Practice and Compliance Monitoring, ENV/MC/CHEM(98)17, the English version of which is dated January 21, 1998 and the French version of which is dated March 6, 1998. |
Prescribed in the Children's Jewellery Regulations (new) |
Annex 2: Crosswalk of the Transfer of Items from Part II of Schedule I to the Hazardous Products Act to the Canada Consumer Product Safety Act
Part II of Schedule I to the Hazardous Products Act | Canada Consumer Product Safety Act |
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1. Chemical products as defined in the Consumer Chemicals and Containers Regulations, 2001. |
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2. Containers as defined in the Consumer Chemicals and Containers Regulations, 2001. |
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3. Glass doors and enclosures, as defined in the Glass Doors and Enclosures Regulations. |
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4. Corded window covering products, as defined in the Corded Window Covering Products Regulations. |
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4.1. [Repealed, 1997, c. 13, s. 63] |
Not Applicable |
5. [Deleted, SOR/88-557, s. 2] |
Not Applicable |
6. to 11. [Repealed, SOR/2001-270, s. 6] |
Not Applicable |
12. [Repealed, SOR/2008-89, s. 2] |
Not Applicable |
13. Toys, equipment and other products for use by a child in learning or play that
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14. Dolls, plush (raised fibre) toys and soft toys that have
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15. Pull and push toys that have shaft-like handles that are 10 mm (3/8 inch) or less in diameter. |
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16. Toy steam engines. |
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17. Finger paints. |
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18. Rattles. |
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19. Elastics intended for attaching toys, equipment or other products for use by a child in learning or play across a baby carriage, crib or playpen. |
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20. Batteries for use in or with any toy, equipment or other product for use by a child in learning or play. |
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20.1. Glazed ceramics and glassware, within the meaning of the Glazed Ceramics and Glassware Regulations. |
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21. [Deleted, SOR/98-175, s. 2] |
Not Applicable |
22. Science education sets and their replacement chemicals as defined in the Science Education Sets Regulations. |
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23. Matches. |
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24. Charcoal for use in domestic cooking or heating. |
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25. Standard cribs, portable cribs and cradles. |
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26. Playpens (play yards) for children. |
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27. Pacifiers and similar products for babies that are put in the mouth when used, except pacifiers described in item 14 of Part I of this schedule. |
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28. Kettles for household use that release lead into water boiled therein. |
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29. Carpets, carpeting (including carpet tiles), mats, matting and rugs (other than those that are one-of-a-kind, or Oriental rugs) that are made in whole or in part of textile fibres, that have not been treated with a fire retardant, and that when any sample thereof, consisting of 48 specimens measuring not less than 23 cm by 23 cm (approximately 9 inches by 9 inches) each, is tested in accordance with
the sample has a rate of flammability failure in excess of the rate permitted by standard 4-GP-155 for that sampling plan. |
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30. Carpets, carpeting (including carpet tiles), mats, matting and rugs (other than those that are one-of-a-kind, or Oriental rugs) that are made in whole or in part of textile fibres, that have been treated with a fire retardant, and that when any sample thereof, consisting of 48 specimens measuring not less than 23 cm by 23 cm (approximately 9 inches by 9 inches) each, is
the sample has a rate of flammability failure in excess of the rate permitted by standard 4-GP-155 for that sampling plan. |
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31. Surface coating materials as defined in section 1 of the Surface Coating Materials Regulations. |
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31.1. Tents that are made in whole or in part of fabric or other pliable materials, including camping tents, play tents, ice-fishing tents and dining shelters but not including canopies, awnings, tarpaulins, tent trailers, air-supported structures or tents subject to the National Building Code of Canada, 1985, issued by the Associate Committee on the National Building Code, National Research Council of Canada. |
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32. Products intended, promoted or normally used for the purpose of being slept on that contain resilient material enclosed within a ticking, whether or not those products are commonly referred to as mattresses, other than
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33. [Deleted, SOR/2001-270, s. 8] |
Not Applicable |
34. Lighters as defined in the Lighters Regulations. |
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35. Cellulose fibre for use as loose fill thermal insulation in indoor building construction. |
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36. Glass containers of a capacity of 1.5 L or more containing a non-alcoholic carbonated beverage. |
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37. Infant feeding bottle nipples and other similar products that, when used, are put in the mouth of an infant. |
Hazardous Products (Infant Feeding Bottle Nipples) Regulations |
38. Toys and child care articles composed of vinyl that contains phthalates within the meaning of the Phthalates Regulations. |
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39. Carriages and strollers for infants and children. |
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40. Children's nightgowns, nightshirts, dressing gowns, bathrobes, housecoats, robes, pyjamas and baby-doll pyjamas in sizes up to and including 14X, other than
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41. Devices for restraining children in motor vehicles, other than seat belt assemblies for children that are sold, imported or advertised with motor vehicles as components thereof and replacements for such seat belt assemblies. |
Restraint Systems and Booster Seats for Motor Vehicles Regulations |
42. [Deleted, SOR/2001-270, s. 9] |
Not Applicable |
43. [Repealed, SOR/2005-343, s. 2] |
Not Applicable |
44. Asbestos products as defined in the Asbestos Products Regulations. |
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45. Any device for use in a motor vehicle for the purpose of seating a child in an elevated position on a vehicle seat in order to adapt the adult seat belt assembly of the motor vehicle to the child. |
Restraint Systems and Booster Seats for Motor Vehicles Regulations |
46. Expansion gates and expandable enclosures for children. |
Hazardous Products (Expansion Gates and Expandable Enclosures) Regulations |
47. Residential detectors within the meaning of the Residential Detectors Regulations. |
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