Pesticides are pest control products (PCPs). Licensed cannabis growers must adhere to a number of Health Canada regulations and requirements regarding the use of PCPs when cultivating and selling cannabis.

1. The Cannabis Act and Cannabis Regulations

Before products can be sold, licensed growers must meet requirements set out under the Cannabis Regulations, including:

• • cannabis products or cannabis in a cannabis accessory must not contain any substance other than the cannabis
  • residues of a pest control product are permitted, provided they do not exceed any maximum limit set out under section 9 or 10 of the Pest Control Products Act
  • adequate controls where the cannabis is cultivated or processed must be in place, including restricting access to pest control products and monitoring the application of products to cannabis
  • the cannabis must not be treated with a PCP unless the PCP is registered or authorized for use on cannabis under the Pest Control Products Act 
  • the buildings and equipment where cannabis and cannabis products are grown and processed must be maintained under sanitary conditions, and in a manner that prevents the contamination of substances
  • meeting the Mandatory Cannabis Testing for Pesticide Active Ingredients – Requirements

2. Pest Control Products Act (PCPA)

Administered by Health Canada’s Pest Management Regulatory Agency (PMRA), the Pest Control Products Act (PCPA) regulates the products used for the control of pests. The PMRA maintains an online pesticide label search tool for use when determining which PCPs are registered and approved for use. The PMRA has approved 23 registered PCS for use on cannabis.

For more information, view Health Canada’s website on Pest Control Products for Use on Cannabis.

3. Mandatory Cannabis Testing for Pesticide Active Ingredients – Requirements

The mandatory testing for pesticides was created to ensure that licenced growers meet the requirements related to the use of pest control products.

As well, the requirements ensure that individuals:

• • have access to quality-controlled cannabis products that have not been treated or contaminated with unauthorized PCPs
  • have accurate and accessible information that allows them to make informed decisions when purchasing and using cannabis

4. Mandatory Cannabis Testing for Pesticide Active Ingredients – List and Limits

Health Canada’s Mandatory Cannabis Testing for Pesticide Active Ingredients – List and Limits lists which pesticide active ingredients are subject to mandatory testing along with a limit of quantification (LoQ) for each. LoQs refers to the amount of pesticide active ingredients allowed in each cannabis product (e.g. fresh cannabis and cannabis plants, dried cannabis, and cannabis oil). A list of the active pesticide ingredients and their LoQs can be found in the List and Limits Guide.

What are the testing requirements?

Testing, record-keeping and reporting requirements under the Mandatory Cannabis Testing for Pesticide Active Ingredients – Requirements must be met before cannabis can be sold, distributed or exported.

Mandatory laboratory testing

To meet the testing requirements and establish that none of the unauthorized pesticide active ingredients are being used, licence holders must provide a sample of a lot or batch of cannabis product to a third-party laboratory for testing.

Record-keeping requirements – Certificate of Analysis

The laboratory conducting the mandatory testing must produce and maintain records, known as Certificates of Analysis. These records document the results for each batch of cannabis product that was tested. Each Certificate of Analysis must contain the following information:

• the licence holder’s name, and address;
• the name of the person requesting the test;
• the name, address, and contact information of the laboratory;
• information about the testing method, including the name of the method, equipment used, and date of last validation;
• the lot or batch number, and type of cannabis product tested;
• the date the sample was taken by the licence holder;
• the date the product was tested by the laboratory;
• a list of the pesticide active ingredients for which the product was tested;
• results of the analysis for each pesticide active ingredient in the product, including the laboratory’s LoQ showing that it is equal to or lower than Health Canada’s limit for each pesticide; and
• verification of the test results by the laboratory, and the date the certificate is issued.

Records must be maintained for a period of two years after the day the information is recorded.

Reporting requirements

A specific test result must be reported to Health Canada by the licence holder if:

• it equals or exceeds the LoQ set by Health Canada, or
• it equals or exceeds the LoQ set by the laboratory if it is lower than that set by Health Canada.

The Certificate of Analysis and any other ancillary reports must be sent to Health Canada no later than seven days after receipt of the results. Copies of Certificates of Analysis must also be provided to the licence holder.

Inspections

Health Canada may conduct inspections at the cultivation or processing site to ensure that the mandatory testing requirements for pesticide active ingredients were met. Inspectors may ask for verification of information and activities, including a copy of the Certificate of Analysis for all tests conducted. They may also collect samples from the site for testing to be done at Health Canada’s laboratory.

Voluntary Recalls

If a test result shows that a product sample has been treated or contaminated with any unauthorized PCP, and that product has already been sold or provided, the licence holder must immediately:

1. Stop the sale of the product,
2. Report the test results to Health Canada along with the information listed in section 247 of the Cannabis Regulations (Voluntary Recall), then
3. Commence a recall of the product.

The licence holder must also:

• ensure that the affected lot or batch of cannabis product is properly quarantined to avoid cross-contamination
• begin a root cause analysis to identify the source of contamination,
• prepare and implement a corrective and preventative action plan to prevent the negative result from reoccurring, and
• report their root cause analysis and action plan to Health Canada for review

Health Canada Recalls and Safety Alerts

All product recalls are published on Health Canada’s Recalls and Safety Alerts website.

Get help

To erase your criminal record for simple cannabis possession or any other criminal charges, call toll-free 1-888-808-3628 or learn more at Pardon Partners. It’s easier than you think.

If you have been charged with a criminal offence, it is important to hire an experienced criminal defence lawyer as soon as possible. Contact our preferred criminal defence expert, Calvin Barry Criminal Lawyers for a free consultation at 1-866-961-4963 .

								
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