Canadian Safety Requirements for Decorative Outdoor Torches

To: Manufacturers, Importers, Distributors and Retailers of Torches

The Product

Decorative outdoor torches have a metal or glass reservoir which is sold empty and is intended to be filled with a fuel. These torches are used to provide light, decoration and can also be used to repel insects.

The picture on the left is just one example of the many types of torches that are currently available on the market.

The Issue

These torches generally use liquid paraffin or a related chemical (lamp oil, kerosene, or hydrocarbon mix) as a fuel source. Fuels may also contain citronella oil and other essential oils. These thin, low viscosity fuel sources are hazardous when ingested, especially to children.

In addition, these fuels are flammable and can pose a considerable risk when the torch is in use. Both spills during refilling and improper installation of the wick, container and stake can result in serious burn injuries, as well as significant property damage.

The store-bought containers in which these fuels are originally sold are all required to carry the labelling and packaging elements outlined below. Since the metal or glass reservoirs at the top of these torches function in the same manner (that is, a container holding the fuel), they must also meet these labelling and packaging requirements on their visible outer surface.

The Law

These torches are subject to the labelling and packaging requirements of the Consumer Chemicals and Containers Regulations, 2001 (CCCR, 2001) under the  Canada Consumer Product Safety Act (CCPSA) since they have a container (that is, the metal or glass reservoir at the top) which will 'store or dispense' a chemical.

The CCCR, 2001 defines an empty 'container' under subsection 1(1) as:

• "[...]
  b. an empty container that is destined for use by a consumer to store or dispense a chemical product; or
• c. any other container that is or is likely to be used by a consumer to store or dispense a chemical product."
  

As previously stated, these products require a liquid fuel source to function, many of which (such as kerosene and lamp oil) are hazardous based on classifications under the CCCR, 2001, requiring special packaging and labelling on the reservoir. The hazard posed by some fuels also requires the reservoir to be child-resistant.

Many torches currently on the Canadian market do not have the proper safety information. Consumer chemical products, including torch reservoirs, which do not meet the standards of the CCCR, 2001 cannot be imported, advertised or sold in Canada.

As a person responsible in the chain of sale, you could bear the cost of relabelling, repackaging or destroying any items that do not comply with the CCCR, 2001. Health Canada regularly monitors the marketplace and takes enforcement action where needed.

Steps You Can Take

• Do not knowingly manufacture, import or sell torches that are not packaged and labelled with the required CCCR, 2001 elements;
• Ensure that your product is compliant with the CCCR, 2001;
  • All tests and procedures for determining a product's classification under the CCCR, 2001 are available in the "Guide to Consumer Chemical Product Assessment";
  • Alternatively, ask your supplier for written certification that these products are compliant with the CCCR, 2001; and
• Cooperate with authorities in the removal, disposal or recall of any of your torches that are found to be non-compliant.

For Further Information

If you require further information, visit the Consumer Product Safety section of Health Canada's website or contact a Health Canada Product Safety Office.

We appreciate your attention to the safety issue associated with torches, and urge you to take appropriate steps to help ensure the safety and safe use of consumer chemical products by Canadians.