Bill C-47 - Changes to Natural Health Product (NHP) Regulations

Jul 12

Bill C-47, Division 27 pertains to the amendment aiming to incorporate Natural Health Products (NHPs) into the definition of therapeutic products, which were previously excluded and governed separately. The inclusion of NHPs within this definition necessitates their regulation under the newly applicable Food and Drugs Act (FDA) provisions. These provisions grant specific powers to the Minister, including the authority to demand and disclose information, mandate modifications to labels and packaging, enforce product stop-sales, and require tests, studies, and assessments.

Disclosure of Information: Health Canada has the authority to request additional information from manufacturers and responsible parties regarding NHPs that are deemed to pose a serious risk to human health. The information gathered will enable Health Canada to make informed decisions to protect the well-being of consumers.
Modification of Labels and Packaging: To mitigate risks associated with NHPs, Health Canada will have the power to mandate changes to labels and packaging of products that are identified as presenting a significant risk to human health. This measure ensures that crucial safety information is readily available to consumers.
Stop-Sale Orders: In situations where NHPs present an immediate or serious risk to human health, Health Canada can issue stop-sale orders. These orders enable the swift removal of such products from the market, ensuring public safety.
Compulsory Information Disclosure: Health Canada the power to require individuals or entities to provide information necessary for evaluating whether a Natural Health Product (NHP) presents a substantial risk to human health. This authority extends to the disclosure of confidential business information in cases where a product is deemed high risk. Additionally, there is an obligation to publish relevant clinical trials of the product, making them accessible to the public.

Moreover, the implementation of the new FDA provisions brings with it stricter penalties for non-compliance with the regulations. Manufacturers and distributors of Natural Health Products (NHPs) found in violation of FDA safety regulations can now face fines of up to $5,000,000 CAD. Additionally, individuals who fail to provide truthful information to the Minister of Health, or those who knowingly or recklessly cause serious harm while contravening the Act or its regulations, may be subject to even higher fines and potential imprisonment for up to 5 years. These stringent measures underscore the seriousness of adherence to safety guidelines and emphasize the commitment to protecting public health and well-being.

The rationale behind this change stems from the inherent nature of NHPs and their intended purposes. Like other therapeutic products, NHPs are marketed for their potential health benefits and overall well-being. To delve deeper into the official details of the bill, please visit Canada's System of Justice - Character Statements and the newly applicable Venessa’s Law.

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