21Child-resistant packaging

21 Child-resistant packaging

(1) A therapeutic vaping substance or therapeutic vaping substance accessory must comply with the requirements specified in the following sections of TGO 95 (child-resistant packaging requirements):

(a) section 8 (general requirements); and

(b) where the product is in a reclosable package—section 9 (reclosable packages), other than subsection 9(6); and

(c) where the product is in a non-reclosable package—section 10 (non-reclosable packages).

(2) A therapeutic vaping substance or therapeutic vaping substance accessory is taken to comply with the child-resistant packaging requirements if one of the following paragraphs applies:

(a) the product is packaged for supply in Canada and complies with the requirements in relation to child-resistant packaging specified in sections 50 to 54 of the Vaping Products Labelling and Packaging Regulations of Canada, as in force or existing from time to time;

(b) the product is packaged for supply in the European Union and complies with the requirements in relation to child-resistant packaging specified in Article 20(3)(g) of the Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014, as in force or existing from time to time;

(c) the product is packaged for supply in New Zealand and complies with the requirements in relation to child-resistant packaging specified in regulations made under the Smokefree Environments and Regulated Products Act 1990 (NZ), as in force or existing from time to time;

(d) the product is packaged for supply in the United Kingdom and complies with the requirements in relation to child-resistant packaging specified in paragraph 36(7) of the Tobacco and Related Products Regulations 2016 of the United Kingdom, as in force or existing from time to time;

(e) the product is packaged for supply in the United States and complies with the requirements in relation to child-resistant packaging specified in 16 CFR § 1700.15 of the Poison prevention packaging standards of the United States, as in force or existing from time to time.

Note: To avoid doubt, a paragraph of this subsection only applies where the laws of the relevant jurisdiction specify requirements in relation to child-resistant packaging.