As a preamble I apologize for making this so long but I honestly beleive it is important that we know what happens and what our rights are so here goes.
Ok boys and girls gather 'round for the latest instalment of the ...... I haven't thought of a catchy name for this reality show yet anyway.
Today I spoke with not one but 2 people at the HC Customs Inspection Team in Mississauga, ON. I'll do this in point form so it doesn't get too wordy:
First some background
- HC returned my second call in as many days
- First spoke to the duty officer then to her superior
- They were both courtious and friendly and I made a point of recognizing that they were doing their jobs and were not responsible for making policy
- I called out the Superior on the statement that he made saying that "some e-cigs explode in your face". That part of the discussion got me excitedd in a not nice way
- The HC inspection Team in Mississauga has the responsibility of dealing with all the packages that are referred to them from 3 reciving locations in Canada for all international mail.
- The team is small so in all fairness thay are swamped and that's the reason for the backlog
- The people I spoke to were "management" and not in the inspection station so they could not walk over and find my ZAP
- The people I spoke to agreed to at least "flag" the item for expidited processing…I'm to call them next week if I haven't heard from them they even gave me their direct numbers
And Now for the "juicy" part
- Both people I spoke to knew what they were dealing with, in a fashion, "it is an e-cigarette". I guess that was what was on the computer list when they called it up by the tracking number.
- They tried to get me to say that it was a medical device; both of them in 2 separate calls.
- I actually had to laugh thinking of Mike (Zen) and Phil (Busardo) in surgical scrubs building ZAPs and wicks
[*]I told them exactly what it was:
- Definitely NOT a medical device
- Definitely it is a component part of an e-cig
- Absolutely no nicotine involved
- It was NOT for resale
- It is for my personal use
[*]I then asked the Superior "on what grounds did you then have the right to hold my device?"
- He did not respond directly instead explained their process which goes something like this:
- An inspector examines the package
- Just like a Customs officer he/she has the right under Canadian Law to open the package
- From the packaging and or contents i.e., instructions, pictures he / she can make the determination that it is or is not a medical device. It was never explained to me what type of training was involved to make such an assessment (people should send me a list of questions to ask them for my next call)
- Now this one surprised the beegeez out of me...If the officer so chooses to do so, he / she can then go to the seller's web site to assist him / her in making that determination. I wonder if the fact that a number of the Zenesis mods are made from surgical stainless steel means that they would therefore qualify as medical devices.
- The inspector then determines, in his / her own judgement right then and there that the device is or is not a medical device.
- if it is "not determined to be a medical device then it is released".
- If it is determined to be a medical device then two things happen. The first is obvious the device is returned to the sender. The second thing that happens is interesting and gives me a modicum of comfort that the rule of law does apply. All that to say that by law HC must then advise the importer (in this case that's me) why and under what provisions of the act and regulations my device was returned to the sender.
I'm almost hoping that they return the ZAP to ProVape so we can get this in front of the media and legal counsel.
So that does it for now I will be keeping you advised.
Stay tuned........... Vape hard
