Information Note – Treated Articles
Pest Management Regulatory Agency
12 March 2024
Table of Contents
- Document history (revision/update)
- Introduction
- Treated articles
- What are the regulatory requirements for treated articles?
- Treated articles that require registration
- Treated articles that require registration of the pesticide only
- Examples of treated articles regulated under the Pest Control Products Act
- What is required of manufacturers and importers of articles treated with an antimicrobial preservative?
- Is Canada's approach to treated articles similar to that of other countries?
- Which antimicrobial preservatives are registered in Canada?
- How do I register my antimicrobial preservative in Canada?
- If the antimicrobial preservative is currently registered in another jurisdiction, such as the United States, can I use the same data package for registration in Canada?
- Are there restrictions on what claims can be made on the label?
- Does my registered treated article (for example, insecticide treated clothing that acts as a delivery mechanism for the insecticide) require a Pest Control Product number on the product?
- What does Health Canada do for the safety of consumer products and pesticides?
- What's next?
Updated | Update/Rationale: |
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March 2024 | Sections updated for further clarity and new information regarding regulatory amendments. |
September 2022 | Terminology updated:
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March 2021 | Sections updated for further clarity:
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Introduction
This information note provides guidance to manufacturers, distributors and importers of pesticide treated articles that are sold and used in Canada. Its primary purpose is to clarify existing Canadian regulatory requirements for articles that have been treated with antimicrobial preservatives (in other words, pesticides). It also provides a link to a guidance document on Acceptable Claims for Articles Treated with Antimicrobial Preservatives and to Questions and Answers – Treated Articles. This document will be useful to manufacturers and registrants when determining if current products meet Canadian regulatory requirements.
The amendments to the Pest Control Products Regulations that were published in the Canada Gazette Part II on 7 December 2022, and came into force on 5 June 2023, clarify regulatory requirements for treated articles, establish criteria for authorizing certain treated articles and formally exempt certain antimicrobials used in products regulated under particular Acts.
Treated articles
In Canada, the Pest Control Products Act defines a pest control productFootnote 1 as a product, an organism or a substance that is used directly or indirectly to control, destroy, attract or repel a pest, or for mitigating or preventing its injurious, noxious or troublesome effects. While the term "pesticide" is not used in the Pest Control Products Act, is often used to refer to a pest control product and covers a broad range of substances that are commonly known as "herbicides", "insecticides", "rodenticides", "fungicides", "antimicrobials", etc.
Many everyday items (for example, household products, clothing, and toys) that are currently available on the Canadian market have been treated with a pesticide during the manufacturing stage, in order to protect the product and to prevent degradation. Treatment with a preservative allows the manufacturer to produce a longer lasting product, which is a quality many consumers are looking for when making a purchase. Registered pesticides used to treat these products have undergone a rigorous scientific assessment by the PMRA to determine if the risks associated with the use of the pesticide are acceptable.
The Pest Control Products Regulations define a treated article as: an inanimate product or substance, but does not include a food as defined in section 2 of the Food and Drugs Act,
- that, during the manufacturing process, is treated with a pest control product either by intentionally:
- incorporating the product into the article; or
- applying it to the article, and
- whose primary purpose, prior to that treatment, is not, directly or indirectly, to control, destroy, attract or repel a pest or to mitigate or prevent the injurious, noxious or troublesome effects of a pest.
Articles can be treated with pesticides such as antimicrobials (for example, textile treated with a preservative), insecticides (for example, insecticide-treated clothing), and herbicides (for example, herbicide-treated landscape fabric). A pesticide that has been intentionally incorporated into or applied to an article during manufacture for import, sale or use in Canada must be registered or otherwise authorizedFootnote 2 under the Pest Control Products Act.
Examples of products that may contain antimicrobial preservatives include: water-based paints; certain plastic products, such as shower curtains; and wood and construction/masonry materials. The range of products that could be treated with an antimicrobial preservative is quite broad. In most cases, there is no requirement for the label of an article treated with an antimicrobial preservative to include a statement indicating it has been treated. Therefore, knowing which articles have been treated is not always obvious.
Examples of uses for the antimicrobial preservative | Preservation type | Purpose |
---|---|---|
Paints, fabric softener, laundry detergent, inks, joint compounds, adhesives, caulking, sealants | In-Can Preservation | To prevent or control microbial growth in aqueous-based solutions, which may cause deterioration prior to use. Helps to ensure product integrity during normal shelf-life. |
Paints, plastics, sealants, caulking, adhesives, grout, stucco | Dry-Film Preservation | To prevent or control microbial growth on films or coatings, which may cause aesthetic disfigurement. Also helps to maintain film integrity. |
Awnings and tents, sails and ropes, clothing, footwear, PVC shower curtains | Fibre/Textile, Leather, Rubber and Polymerized Material Preservation | To prevent or control microbial growth in or on the material, which may cause deterioration or embrittlement, discolouration, fungal decay, aesthetic disfigurement, or odour. |
Utility poles, lumber, joinery/millwork | Wood Preservation | To prevent or control microbial growth in wood to increase the service life of wood products, which are susceptible to premature failure from decay. |
What are the regulatory requirements for treated articles?
Treated articles are pest control product under the Pest Control Products Act. The antimicrobial preservative used to treat the article is always required to be registered or otherwise authorized under the Pest Control Products Act; however, the Pest Control Products Regulations authorize (meaning registration is not required for them to be used and sold in Canada) some articles treated with an antimicrobial preservative if they meet certain criteria. Even though registration is not required for these authorized treated articles, they are subject to regulatory oversight under the Pest Control Products Act.
Treated articles that require registration
If a pesticide has been incorporated into or applied to an article in order for the article to act as a delivery mechanism for the pesticide, the pesticide and the treated article must each be registered under the Pest Control Products Act. For example, in the case of clothing treated with an insecticide to repel mosquitoes or ticks, both the clothing and the pesticide used to treat it would need to be registered.
In the event the registration of this type of treated article was cancelled, the treated article could remain authorized for a period of time under subsection 21(5) of the Pest Control Products Act in accordance with the cancellation decision relevant to that treated article.
Treated articles that require registration of the pesticide only
If a pesticide has been incorporated into or applied to an article in order to provide a benefit to the product itself in terms of preservation, the pesticide must be registered or otherwise authorized under the Pest Control Products Act for that specific use.
In this case, the treated article itself would be authorized as long as the following conditions are met:
- the antimicrobial preservative used to treat the article is registered or otherwise authorized under the Pest Control Products Act;
- the article is treated according to the antimicrobial preservative's approved or authorized uses (in other words, the same use specified on the label of the registered or otherwise authorized end-use productFootnote 3) and within the approved range of rates; and
- the use is limited to preventing degradation or damage to the product from microorganisms.
There are very limited circumstances under which the preservative used to treat an article would be authorized, rather than registered. For example, this would be the case if a previous registered pest control product were cancelled and subject to a phase-out period under subsection 21(5) of the Pest Control Products Act.
Examples of treated articles regulated under the Pest Control Products Act
Table 2 provides some examples of treated articles that typically require or do not require registration under the Pest Control Products Act. All examples in the table require the registration of the pesticide used to treat the articles. In the first five examples, the preservative is used to prevent degradation of the article itself and therefore the article does not require registration. However, in the last three examples, the treated article is considered a delivery mechanism (for example, packaging materials, such as stickers, where the antimicrobial preservative is protecting the packaged contents), and the article does require registration.
Treated article | Registration of the pesticide used to treat the article | Registration of the article |
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Article is being preserved | ||
Paints treated with antimicrobialFootnote 4 preservative | Required | Not Required |
Shower curtain treated with antimicrobial preservative | Required | Not Required |
Lumber treated with antimicrobial preservative | Required | Not Required |
Caulking treated with antimicrobial preservative | Required | Not Required |
Clothing treated with antimicrobial preservative | Required | Not Required |
Article acts as the delivery mechanism | ||
Packaging materials treated with antimicrobial pesticide to protect packaged products during transport | Required | Required |
Mosquito repelling clothing treated with an insecticide | Required | Required |
Herbicide-treated landscaping fabric | Required | Required |
What is required of manufacturers and importers of articles treated with an antimicrobial preservative?
All requirements apply to treated articles whether or not label claims are being made.
Manufacturers treating articles with antimicrobial preservatives in Canada are required to use preservatives (end use product(s)) that are registered or otherwise authorized in Canada under the Pest Control Products Act for that use, and within the range of approved rates.
For imported treated articles, the active ingredient of the product used to treat the article in the foreign jurisdiction must be registered or authorized in Canada for that use and the articles must be treated within the Canadian approved rates for that use.
Is Canada's approach to treated articles similar to that of other countries?
Canada's approach to regulating treated articles is very similar to those of our major trading partners such as the United States and the European Union. All three jurisdictions require the pesticide(s) used to treat an article to be approved for that use. There are also restrictions in each country about what label claims can be put on the article label (for example, claims cannot be misleading).
Which antimicrobial preservatives are registered in Canada?
Canada has close to 50 antimicrobial active ingredients and approximately 500 antimicrobial end-use products (commercial products and manufacturing concentrates) currently registered that manufacturers can consider using when treating an article. You can confirm if an antimicrobial preservative is registered for use (and the approved rates) in Canada by:
- searching the PMRA's Pesticide Product Information Database; or
- searching the PMRA's Pesticide Label Database; or
- contacting the PMRA's Pest Management Information Service (1‑800‑267‑6315; pmra.info-arla@hc-sc.gc.ca).
If a manufacturer wishes to use antimicrobial preservatives to treat an article that is for use, import or sale in Canada and the preservative is not yet registered in Canada (or not registered for that use), an application should be made to register the antimicrobial preservative and/or the use.
How do I register my antimicrobial preservative in Canada?
Before a pesticide is registered in Canada, the PMRA conducts a scientific assessment of any potential health or environmental risks and determines whether there is value in using that product in Canada. The pre-market assessment (or registration) process requires the submission of a complete application for registration, which includes all required forms, fees and scientific data to support the product. Additional information on the registration process can be found in the Registrants and Applicants page on the Pesticides section of the Canada.ca website or by consulting our various policy and guideline documents.
You may also contact the PMRA for a pre-submission consultation. This is a no-cost service offered by the PMRA that provides written guidance to prospective applicants to help them generate and submit a complete, high quality application package to register a new pesticide or to amend the registration of an approved pesticide. For more information regarding pre-submission consultations, please refer to the Registrants and Applicants page for Pre-submission Consultations or frequently asked questions page on the Pesticides section of Canada.ca.
If the antimicrobial preservative is currently registered in another jurisdiction, such as the United States, can I use the same data package for registration in Canada?
Yes, you can submit a modern data package that was submitted for registration in other jurisdictions, along with all applicable Canadian forms required for registration. The PMRA encourages registrants to submit recent foreign reviews (for example, United States Environmental Protection Agency or European Union) with their data package, which can be taken into consideration during the PMRA's evaluation, and may represent sufficient evidence to support decision making in Canada.
The Canadian and American regulatory approaches are closely aligned. For example, the PMRA published Value Guidelines for New Antimicrobial Pest Control Products and Label Amendments, which provide a weight of evidence approach for value, taking into account both efficacy and benefits information.
Are there restrictions on what claims can be made on the label?
Yes, the claims on articles treated with an antimicrobial preservative are limited to the effect of the antimicrobial preservative used to treat the articles. As per section 6(7) of the Pest Control Products Act, any misleading marketing claims that do not accurately reflect the purpose, registration status, etc., of the antimicrobial treatment are not permitted. You can refer to the Acceptable Claims for Articles Treated with Antimicrobial Preservatives document for general guidance on acceptable label claims. In addition, it is the responsibility of manufacturers, importers, retailers and distributors of articles treated with antimicrobial preservatives to follow Regulatory Directive DIR2016-01, Guidelines for the Advertising of Pest Control Products.
Does my registered treated article (for example, insecticide treated clothing that acts as a delivery mechanism for the insecticide) require a Pest Control Product number on the product?
Yes, all treated articles that require registration must include the Pest Control Product number assigned to that product, on the product. In this example, the insecticide treated clothing would be required to display the registration number (for example, on the hangtag).
What does Health Canada do for the safety of consumer products and pesticides?
Health Canada gathers information, both domestically and internationally, about injuries, emerging issues and new science related to consumer product safety, and conducts inspections in the marketplace. Health Canada works closely with the Canada Border Services Agency, and other domestic and international regulators, to verify the compliance of products being imported into Canada.
Health Canada takes a risk-based approach to identify health or safety issues for follow-up compliance and enforcement activity. For pesticides, Health Canada follows Regulatory Directive DIR2021-01, Compliance and enforcement policy for pesticides, focusing its compliance verification activities to address the highest risks to human health and the environment. In circumstances where a significant risk to human health or the environment is identified, Health Canada will follow up and take enforcement actions commensurate with the risk when required.
Under the Canada Consumer Product Safety Act, it is also mandatory for companies to report to Health Canada any health or safety incidents involving their consumer products. Consumers are also encouraged to report health or safety concerns to Health Canada, as well as to the company from which they purchased the products. Similarly, under the Pest Control Products Act, the PMRA's Pesticide Incident Reporting Program collects incident reports, which can help detect adverse effects that are not evident during the initial registration of a pesticide. The PMRA uses incident reports to identify and characterize potential risk to humans, domestic animals or the environment from the use of pesticides. If a potential risk is identified, protective action may be taken, such as changes to how a pesticide may be manufactured, packaged, labelled, or used.
What's next?
Health Canada continues to work closely with stakeholders to increase awareness of the regulatory requirements for treated articles in Canada. If you have any comments or questions, contact the PMRA's Information Service at:
- Toll-free: 1‑800‑267‑6315
- Email: pmra.info-arla@hc-sc.gc.ca
Footnotes
- Footnote 1
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For full definition of Pest Control Product, see section 2 of the Pest Control Products Act.
- Footnote 2
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For the purpose of this document, otherwise authorized refers to authorization under 21(5) of the Pest Control Products Act.
- Footnote 3
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Generally understood to be a pest control product consisting of its active ingredient and formulant(s).
- Footnote 4
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The example of paints treated with antimicrobial does not include antifouling paint.
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