Operational changes to cannabis program requirements
The page below was originally sent as an email to cannabis licence holders and applicants. No changes have been made to the original text.
Operational changes to cannabis program requirements
Compliance Directorate
August 24, 2020
The intent of this message is to inform you of Health Canada's updated approach regarding 2 matters related to the Cannabis Act and its regulations: the use of foliar sprays and modified atmosphere packaging in final cannabis products. These changes are effective immediately and licence holders may adjust their practices to reflect these changes as appropriate.
Use of foliar sprays
In 2017, following the discovery of several cases of the use of unauthorized pesticides on cannabis, and in response to enquiries from several licence holders, Health Canada communicated to licence holders that fertilizers, nutrients or wetting agents cannot be applied directly as a foliar spray to fresh cannabis, cannabis plants or seeds, given the risk that these sprays may contain ingredients found in pest control products not authorized for use on cannabis.
In January 2019, Health Canada established the requirements for Mandatory cannabis testing for pesticide active ingredients. This mandatory testing serves to confirm that cannabis made available for sale to the public has not been treated with pest control products that are not authorized for use on cannabis. Cannabis is also subject to testing for microbial and chemical contaminants, including heavy metals and solvent residues, and for THC or CBD concentration. Given this enhanced level of testing, Health Canada is satisfied that the risk of cannabis being treated with ingredients in pest control products that are not authorized for use on cannabis has been sufficiently mitigated to permit the use of foliar sprays.
If a licence holder chooses to apply fertilizers, nutrients, pest control products or wetting agents by foliar sprays, it is their responsibility to ensure that all applicable regulatory requirements are met. In particular, section 81 of the Cannabis Regulations prohibits treating cannabis with a pest control product unless it is registered or otherwise authorized for that use under the Pest Control Products Act, section 81.1 establishes requirements in regards of agronomic inputs, and section 94 limits the levels of chemicals and microbial contaminants. In addition, paragraph 231(1)(c) of the Cannabis Regulations requires that a document be retained for each instance in which a substance, including a pest control product or a fertilizer, is applied directly or indirectly to cannabis, for example, through a foliar spray.
More information on the use of pest control products on cannabis can be found on the page Pest Control Products for use on cannabis and in the Cannabis Regulations.
Use of Modified Atmospheric Packaging
Modified Atmospheric Packaging (MAP) is prevalent in the food industry and is used to extend shelf life by substituting the atmospheric air inside a package with gases that prevent product decay by inhibiting oxidation and the growth of microbes. For food regulatory purposes, a gas used in MAP could be either a food additive or a food processing aid, depending on its context of use.
Since 2017, Health Canada's Controlled Substances and Cannabis Branch (CSCB) has, on a case-by-case basis deemed gases used in packaging to store bulk cannabis as acceptable. Health Canada's CSCB recognizes the potential applications of MAP in cannabis products and that it may help a licence holder's quality assurance efforts.
Health Canada's CSCB would like to inform licence holders that the use of MAP with cannabis products is permissible when the gas is used such that it would qualify as a food processing aid if the gas were used in the same manner in the packaging for a food. In addition, each gas used for MAP should meet at least the food-grade specifications listed for that gas in the most recent edition of the Combined Compendium of Food Additive Specifications or the Food Chemicals Codex.
Substances qualify as food processing aids if they are used in a way that they do not affect the characteristics or become part of a food. Examples include nitrogen or carbon dioxide used as a head space flushing gas (see the Canadian Food Inspection Agency's website on Food Additives). Additional guidance for determining whether a substance is used in a manner that qualifies it as a food processing aid can be found in the Food Directorate's Policy for Differentiating Food Additives and Processing Aids.
When using MAP for a cannabis product, licence holders are responsible for ensuring that gases would qualify as a food processing aid within a comparable food context of use, which may be verified by Health Canada inspectors during inspections. In cases where the use of MAP cannot be demonstrated by the licence holder to qualify as a food processing aid in this manner, they will be considered to be a part of the cannabis product, and their compliance will be evaluated against Part 6 of the Cannabis Regulations including subsections 93(1), 101 (1), and 102.1(1).
Should you have questions about these operational changes, please do not hesitate to contact us at compliance-cannabis-conformite@hc-sc.gc.ca.