Q-2, r. 40.1 - Regulation respecting the recovery and reclamation of products by enterprises

Section 53.0.24 Disposition versions

2022-06-30

53.0.24. The category of pharmaceutical products is composed of the following subcategories, which include the types of products listed therein:

(1)  any substance, whether mixed with other substances or not, marketed or otherwise distributed in a community pharmacy or veterinary clinic that can be used

(a)  to diagnose, treat, mitigate or prevent a disease, disorder, abnormal physical or mental state or their symptoms in human beings or companion animals within the meaning of the Animal Welfare and Safety Act (chapter B-3.1); or

(b)  to restore, correct or modify organic functions in human beings or companion animals within the meaning of the Animal Welfare and Safety Act;

(2)  natural health products within the meaning of the Natural Health Products Regulations (SOR/2003-196) marketed or otherwise distributed in a community pharmacy or veterinary clinic;

(3)  cutting or sharp objects used for medical purposes to administer a product referred to in subparagraph 1 or 2.

Despite the first paragraph, the following are not covered by this Division:

(1)  products used in the course of supplying care by a professional within the meaning of section 1 of the Professional Code (chapter C-26) or for remuneration, particularly in an institution referred to in the Act respecting health services and social services (chapter S-4.2) or in the Act respecting health services and social services for Cree Native persons (chapter S-5), a private health facility within the meaning of those Acts, a veterinary clinic, a pet shop, a zoo, a park or a zoological garden;

(2)  contact lens disinfectants;

(3)  anti-dandruff products including shampoos, and antiperspirants and sun screens;

(4)  mouthwashes and fluoridated toothpastes;

(5)  lozenges for cough, sore throat or halitosis;

(6)  topical substances that do not contain antibiotics, anti-fungal agents or anti-inflammatories;

(7)  radiopharmaceuticals.

O.C. 933-2022, s. 61.