Food and Drugs Act

Marginal note:Conditions under which exports exempt

• 37 (1) This Act does not apply to any packaged food, drug, cosmetic or device if

  • (a) it is manufactured or prepared in Canada;

  • (b) it is intended for export and is not manufactured or prepared for consumption or use in Canada nor sold for consumption or use in Canada;

  • (c) a certificate that the package and its contents do not contravene any known requirement of the law of the country to which it is or is about to be consigned has been issued in respect of the package and its contents in prescribed form and manner; and

  • (d) the packaged food, drug, cosmetic or device meets any other prescribed requirement.

• Marginal note:Exception — Act

  (1.1) Despite subsection (1),

  • (a) section 4, subsection 5(1) and section 7 apply to any food;

  • (b) section 8, subsection 9(1) and section 11 apply to any drug that is not a natural health product within the meaning of the Natural Health Products Regulations;

  • (c) sections 16 and 18 apply to any cosmetic; and

  • (d) section 19 and subsection 20(1) apply to any device.

• Marginal note:Exception — regulations

  (1.2) Despite subsection (1), any prescribed provision of the regulations respecting the method of manufacture, preparation, preserving, packaging, storing and testing of any food, drug, cosmetic or device applies to any packaged food, drug, cosmetic or device.

• Marginal note:Exception — General Council Decision

  (2) Despite subsection (1), this Act applies in respect of any drug or device to be manufactured for the purpose of being exported in accordance with the General Council Decision, as defined in subsection 30(6), and the requirements of the Act and the regulations apply to the drug or device as though it were a drug or device to be manufactured and sold for consumption or use in Canada, unless the regulations provide otherwise.