3. (1) An inspector shall perform the functions and duties and carry out the responsibilities in respect of cosmetics prescribed by the Act and these Regulations.
(2) An inspector may, for the proper administration of the Act or these Regulations, take photographs of
(a) any cosmetic;
(b) any place where, on reasonable grounds, he believes any cosmetic is manufactured, prepared, preserved, packaged or stored;
(c) anything that, on reasonable grounds, he believes is used or capable of being used for the manufacture, preparation, preservation, packaging or storing of any cosmetic; and
(d) any labelling or advertising material relating to a cosmetic.
4. [Repealed, SOR/2004-244, s. 2]
IMPORTATION INTO CANADA
5. Subject to section 9, no person shall import into Canada for sale a cosmetic the sale of which in Canada would constitute a violation of the Act or these Regulations.
6. An inspector may examine and take samples of any cosmetic sought to be imported into Canada.
7. Where an inspector examines or takes a sample of a cosmetic pursuant to section 6, he may submit the cosmetic or sample to an analyst for analysis or examination.
8. Where an inspector, on examination of a cosmetic or sample thereof or on receipt of a report of an analyst of the result of an analysis or examination of the cosmetic or sample, is of the opinion that the sale of the cosmetic in Canada would constitute a violation of the Act or these Regulations, the inspector shall so notify in writing the collector of customs concerned and the importer.
9. (1) Where a person seeks to import a cosmetic into Canada for sale and the sale would constitute a violation of the Act or these Regulations, that person may, if the sale of the cosmetic would be lawful in Canada after relabelling or modification of the cosmetic, import the cosmetic into Canada on condition that
(a) he gives to an inspector notice of the proposed importation; and
(b) the cosmetic will be relabelled or modified under the supervision of an inspector in such a manner as to enable the sale of the cosmetic to be lawful in Canada.
(2) No person shall sell a cosmetic that has been imported into Canada under subsection (1) unless the cosmetic is relabelled or modified in accordance with the Act and these Regulations within three months after its importation.
- SOR/2004-244, s. 3.
10. [Repealed, SOR/2004-244, s. 4]
11. When an inspector takes a sample of a cosmetic under subsection 23(1) of the Act, the inspector shall inform the owner of the cosmetic or the person from whom the sample is taken that the inspector proposes to submit the sample or a part of it to an analyst for analysis or examination and
(a) where, in the opinion of the inspector, division of the procured quantity would not interfere with analysis or examination, he shall
(i) divide the quantity into three parts,
(ii) identify the three parts as the owner’s portion, the sample and the duplicate sample and where only one part bears the label, identify that part as the sample,
(iii) seal each part in such a manner that it cannot be opened without breaking the seal, and
(iv) deliver the part identified as the owner’s portion to the owner or the person from whom the sample was obtained and forward the sample and the duplicate sample to an analyst for analysis or examination; or
(b) where, in the opinion of the inspector, division of the procured quantity would interfere with analysis or examination, he shall
(i) identify the entire quantity as the sample,
(ii) seal the sample in such a manner that it cannot be opened without breaking the seal, and
(iii) forward the sample to an analyst for analysis or examination.
- SOR/2004-244, s. 5.
- Date modified: