Sub-category "toxic"

40. (1) Subject to Subsection (2) and section 14, a chemical product that is classified under section 33 in the sub-category "toxic" must be in a child-resistant container that complies with sections 9 to 13.

Exceptions - spray container and single-drop dispenser

(2) Subsection (1) does not apply to a chemical product classified under section 33 in the sub-category "toxic" that is in

• (a) a spray container that cannot be opened and that disperses the product as a mist; or
• (b) a container that
  • (i) dispenses only one drop of the product at a time, and
  • (ii) displays the following primary hazard statement in the manner set out in sections 17 to 20, subsections 24(1) and (3) and sections 25 and 26:

    "THIS CONTAINER IS NOT CHILD-RESISTANT. KEEP OUT OF REACH OF CHILDREN."
    "CE CONTENANT N'EST PAS UN CONTENANT PROTÈGE-ENFANTS. TENIR HORS DE LA PORTÉE DES ENFANTS."

Discussion of CCCR, 2001 section 40

Definitions:

The following terms are defined in section 1 of the CCCR, 2001:
chemical product, container, mist, spray container,
sub-category.

Requirements:

Chemical products that are classified as toxic are required to be packaged in child-resistant containers because of the likelihood of death or severe injury should a child come into contact with the product.

See sections 9 to 13 for the design and performance requirements for child-resistant containers. In general, these requirements make it difficult for a child under five years of age to open the container and obtain a toxic amount within a reasonable time. This requirement means that some children may still be able to open a container if given sufficient time to do so.

Exceptions:

Large Containers

Containers of toxic chemical products that are greater than 5L in capacity need not be child-resistant (see section 14).

Spray Containers

For toxic products, a spray container that dispenses only as a mist need not be child-resistant (40(2)(a)). It would be difficult for a child to manipulate such a container, and the risk is lessened by the toxic product labelling on the container. There is no similar exception for corrosive products or quick skin-bonding adhesives (see sections 47 and 57).

It must not be possible to open the container any other way. If a container has a detachable sprayer, for example: a re-fillable pump-spray container, the outlet between the bottle and the sprayer must be child-resistant.

The exception does not apply if the product may also be dispensed in a stream form, since the stream provides more product that is easier to ingest or aspirate.

Single Drop Dispensers

Paragraph 40(2)(b) allows single-drop dispensers of toxic products to not be child-resistant when the main display panel bears the primary hazard statements "THIS CONTAINER IS NOT CHILD-RESISTANT. KEEP OUT OF REACH OF CHILDREN." and "CE CONTENANT N'EST PAS UN CONTENANT PROTÈGE-ENFANTS. TENIR HORS DE LA PORTÉE DES ENFANTS." Such metered outlet nozzles are commonly used for lighter fluids and penetrating oils, such as sewing-machine oil.

This exception does not exist for corrosive products or quick skin-bonding adhesives (see sections 47 and 57).

This exception applies to containers where the single-drop dispenser is the only outlet. It must not be possible to unscrew the nozzle or remove the insert that releases the contents in single drops.

The container must dispense only one drop of the chemical product at a time. To assess a container, invert it without agitation or squeezing, and examine the flow. In order for the exception to apply, the contents must be released in single drops under their own weight.

Since the main display panel must bear the primary hazard statement "KEEP OUT OF REACH OF CHILDREN" and "TENIR HORS DE LA PORTÉE DES ENFANTS", the requirement for this statement in the positive instructions within the border (usually on the back of the container) need not be repeated.