Mandatory Requirements for Decorative Outdoor Torches

February 2009

Consumer Product Safety Bureau
MacDonald Building, 4^th Floor
Address Locator: 3504D
123 Slater Street OTTAWA, Ontario K1A 0K9

---

To: Canadian Importers, Distributors and Retailers of Outdoor Garden Torches

The purpose of this letter is to provide you with an update on actions taken by Health Canada regarding decorative outdoor torches (herein referred to as 'torches'). This letter also provides regulatory compliance information to those who may be importing or selling these products.

In April 2008, Health Canada mailed out a notice entitled 'Canadian Safety Requirements for Decorative Outdoor Torches' to importers, distributors, industry associations and retail head offices. The notice explained that all Canadian importers, distributors and retailers are responsible for ensuring that the torches made available to the general public must meet the Consumer Chemicals and Containers Regulations, 2001 (CCCR, 2001) in terms of labelling and packaging requirements. This is due to the hazardous nature of the liquid fuels necessary for the torch's operation.

In June 2008, due to the lack of action by importers, distributors and retailers in ensuring compliance of these torches, Health Canada proceeded with enforcement actions, which included a request to stop sale and recall non-compliant products from the Canadian market. Over 500 retail establishments were visited by Health Canada inspectors to monitor compliance with these requests. The monitoring resulted in multiple products being removed from sale.

To avoid future loss of sales and additional costs to comply, Health Canada recommends that Canadian importers, distributors, and retailers of torches ensure that their current stock meets the CCCR, 2001 requirements, and contact their suppliers to confirm that stock ordered for future seasonal sales is also compliant. Health Canada is currently coordinating enforcement efforts with the Canada Border Services Agency to ensure that non-compliant products do not enter Canada.

As a Canadian importer, distributor or retailer of these products, you are responsible for ensuring that any decorative outdoor torches you import, distribute or sell are packaged and labelled according to the CCCR, 2001. You could bear the cost of relabelling, repackaging or destroying any items that do not comply with the CCCR, 2001. Please note that these packaging and labelling requirements have been in place since 2001 and any non-compliant products found by Health Canada inspectors will be removed from sale immediately.

Attached to this letter is the April 2008 notice and a list of consultants who may be able to assist in CCCR, 2001 classifications. Please note that there is no accreditation of these consultants by Health Canada.

Please contact any of the below regional offices for further clarification.

• Burnaby (604) 666-5003
• Edmonton (780) 495-2626
• Calgary (403) 292-4677
• Saskatoon (306) 975-4502
• Winnipeg (204) 983-5490
• Toronto (416) 973-1748
• Hamilton (905) 572-2845
• Québec (418) 648-4327
• Montréal (514) 283-5488
• Longueuil (450) 646-1353
• Halifax (902) 426-8300
• Moncton (506) 851-6638
• St. John's (709) 772-4050

James Hardy
Project Officer
Consumer Product Safety Bureau
Health Canada