Biocides Regulations — 49
Voluntary recall 49 (1) If any of the following persons decides to recall a biocide that is the subject of a market authorization without being ordered to do so by the Minister, the person must, within 24 hours after making the decision, provide the Minister with the information set out in subsection (2), in writing: (a) the holder of the market authorization; (b) an importer of the biocide; or (c) a person that manufactures the biocide and sells it. Information to be provided (2) The information to be provided is as follows: (a) the biocide’s brand names; (b) the biocide’s identification number; (c) the names and contact information of the persons that manufactured the biocide, excluding individuals who are employees or agents of such persons, and, in the case of a recall by the holder, the names and contact information of any importers; (d) the name and contact information of the individual who is responsible for the recall; (e) the lot numbers, dates of manufacture and expiry dates of the biocide that is being recalled; (f) the quantity of the biocide that was manufactured in Canada; (g) the quantity of the biocide that was imported; (h) the quantity of the biocide that the person sold to persons in Canada; (i) the period during which the person sold the biocide in Canada; (j) the quantity of the biocide that the person exported from Canada, as well as the quantity exported, by country; (k) the quantity of the biocide that is in Canada and that remains in the possession or control of the person; (l) the names of the persons in Canada, other than consumers that purchased the biocide at the retail level, to whom the biocide was sold by the person and the quantity sold to each of the named persons; (m) the classes of persons from whom the biocide is being recalled; (n) the expected dates for the start and completion of the recall; (o) the reason for the recall and the date on which, and the manner in which, the situation that prompted the recall was discovered; (p) an assessment of the risk of injury to human health posed by the biocide that is being recalled, including because of a failure of its effectiveness; and (q) a description of any other measures that the person is taking in respect of the recall. Communications (3) The person must (a) before starting the recall, provide the Minister with a copy of the communications that they intend to use in connection with starting the recall; and (b) after starting the recall, provide the Minister, on request and within the time specified by the Minister, with a copy of any additional communications that they use, or intend to use, in connection with the recall. Information requirements — 72 hours (4) The person must, within 72 hours after making the decision to recall the biocide, provide the Minister with the following information in writing: (a) the strategy for conducting the recall, including the time and manner in which the Minister will be informed of the progress of the recall; and (b) a description of the measures that are intended to be taken to prevent a recurrence of the situation that prompted the recall. Information requirements — after recall (5) The person must, within 30 days after completing the recall, provide the Minister with the following information in writing: (a) the results of the recall; and (b) a description of the measures that have been or will be taken to prevent a recurrence of the situation that prompted the recall.