Regulating certain ultraviolet radiation-emitting and ozone-generating devices under the Pest Control Products Act: Devices subject to the Act

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Devices that apply

The Pest Control Products Act (PCPA) and the Pest Control Product Regulations (PCPR) govern UV radiation-emitting or ozone-generating devices imported, manufactured, represented, distributed, or used in homes, commercial settings and health care facilities to kill bacteria and viruses that are human pathogens.

The device may be an ozone-generating device or a UV radiation-emitting device that emits UVA, UVB or UVC wavelengths. Devices subject to regulation under the PCPA are those that are imported, manufactured, represented, distributed or used to:

Some examples are devices marketed for use in the home to kill bacteria and viruses:

Other examples are devices used in commercial or health care settings to kill bacteria and viruses on surfaces or in the air.

These devices require registration under the PCPA unless they meet certain criteria. If they meet these criteria, the device is considered authorized under the PCPA (see the following conditions for authorization).

Note that UV radiation-emitting devices that also generate or produce another substance, including ozone or hydroxyls, must be registered under the PCPA.

Conditions for authorization

Certain UV radiation-emitting devices are authorized, meaning they do not require registration if:

In addition to the conditions above, there are 2 options for devices to be authorized:

The following information must appear on the display panels and in the operating manual.

On the primary display panel and in the manual:

On the secondary display panel and in the operating manual:

The efficacy claims of an authorized UV radiation-emitting device would not be subject to a review. Thus, a supplemental sanitization claim cannot reference a threshold of efficacy or a specific pathogen name. Manufacturers wishing to make such claims would have to:

A UV radiation-emitting device, an ozone-generating device or a UV-emitting component that's manufactured or imported for manufacture in Canada solely for the purpose of export would be authorized if the exported product:

UV lamps, or other UV emitting components, that are subject to the Pest Control Products Act would be authorized under the following scenarios:

Regulatory guidance

Manufacturers, importers and distributors are responsible for determining if their device meets all authorization criteria. Those with questions on whether a product is subject to the PCPA can ask for a "subject to regulation" determination. This is a free service. Please email pmra.subject.to.regulation-sujet.a.la.reglementation.arla@hc-sc.gc.ca.

Before submitting an application for registration, Health Canada's Pest Management Regulatory Agency (PMRA) recommends a pre-submission consultation. This is a free service. The PMRA provides written guidance to help prospective applicants complete and submit an application to register a new pest control product.

For a copy of the pre-submission consultation guidance (in both official languages) that outlines the regulatory requirements for UV radiation-emitting or ozone-generating devices:

For UV radiation-emitting devices, the performance standard for reviewing an application for registration is 12 months.

No ozone-generating device has been registered to date for the purpose of controlling, reducing or destroying human pathogens. The performance standard for reviewing a major new use of a pest control product is 18 months.

A proposed registration decision is published for all major decisions, as defined under subsection 28(1) of the PCPA. There is a 45-day public consultation period before a registration is granted. Once Health Canada has registered one of these devices, any subsequent applications would be reviewed within the shorter 12-month timeline.

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