Interim Order Concerning the Sale of Certain Natural Health Products Containing Ephedrine or Pseudoephedrine

Whereas the Minister of Health believes that immediate action is required to deal with a significant risk, direct or indirect, to health, safety or the environment;

Therefore, the Minister of Health makes the annexed Interim Order Concerning the Sale of Certain Natural Health Products Containing Ephedrine or Pseudoephedrine under subsection 30.1(1)^{Footnote a} of the Food and Drugs Act^{Footnote b}.

Ottawa, May 17, 2024

Mark Holland
Minister of Health

For more information, please refer to the: Explanatory note on the Interim Order Concerning the Sale of Certain Natural Health Products Containing Ephedrine or Pseudoephedrine (This note is not part of the Order.)

On this page:

• Definitions
• Words and expressions
• Application
• Non-application – clinical trials
• Prohibition – retail sale
• Exception
• Prohibition – sale for further sale

Definitions

1 The following definitions apply in this Interim Order.

natural health
product that
contains ephedrine
or pseudoephedrine

means a natural health product that contains, as its only medicinal ingredients, ephedrine and its salts, pseudoephedrine and its salts, or any combination of these ingredients and their salts. (produit de santé naturel contenant de l'éphédrine ou de la pseudoéphédrine)

pharmacist

has the same meaning as in subsection C.01.001(1) of the Food and Drug Regulations. (pharmacien)

Regulations

means the Natural Health Products Regulations. (Règlement)

Words and expressions

2 Unless the context requires otherwise, words and expressions used in this Interim Order have the same meaning as in the Regulations.

Application

3 (1) Subject to subsection (2), this Interim Order applies to the sale of a natural health product that contains ephedrine or pseudoephedrine.

Non-application – clinical trials

(2) This Interim Order does not apply to the sale of a natural health product that contains ephedrine or pseudoephedrine for the purpose of a clinical trial regulated by Part 4 of the Regulations.

Prohibition – retail sale

4 (1) Subject to subsection (2), a person must not sell on a retail basis a natural health product that contains ephedrine or pseudoephedrine.

Exception

(2) A pharmacist or a person working under the pharmacist's supervision may sell on a retail basis a natural health product that contains ephedrine or pseudoephedrine if the product is not otherwise accessible to the public.

Prohibition – sale for further sale

5 A person must not sell a natural health product that contains ephedrine or pseudoephedrine to another person that is not a pharmacist for further sale on a retail basis by that other person.