Cosmetic Regulations (C.R.C., c. 869)

Regulations are current to 2016-11-21 and last amended on 2007-06-14. Previous Versions

Cosmetic Regulations

C.R.C., c. 869

FOOD AND DRUGS ACT

Regulations Respecting Cosmetics

Short Title

 These Regulations may be cited as the Cosmetic Regulations.

Interpretation

  •  (1) In these Regulations,

    Act

    Act means the Food and Drugs Act; (Loi)

    Assistant Deputy Minister

    Assistant Deputy Minister[Repealed, SOR/2004-244, s. 1]

    botanical

    botanical means an ingredient that is directly derived from a plant and that has not been chemically modified before it is used in the preparation of a cosmetic; (substance végétale)

    child-resistant container

    child-resistant container has the same meaning as in section 2 of the Consumer Chemicals and Containers Regulations, as they read on September 30, 2001; (contenant protège-enfants)

    flame projection

    flame projection means the ability of the pressurized contents of an aerosol container to ignite and the length of that ignition, when tested in accordance with official method DO-30, Determination of Flame Projection, dated October 15, 1981; (projection de flamme)

    flashback

    flashback means that part of the flame projection that extends from its point of ignition back to the aerosol container when tested in accordance with official method DO-30, Determination of Flame Projection, dated October 15, 1981; (retour de flamme)

    ICI Dictionary

    ICI Dictionary means the International Cosmetic Ingredient Dictionary and Handbook, 10th edition (2004), published in Washington, D.C., U.S.A., by The Cosmetic, Toiletry, and Fragrance Association Inc., as amended from time to time; (dictionnaire ICI)

    INCI name

    INCI name means the International Nomenclature Cosmetic Ingredient name assigned to an ingredient in the ICI Dictionary; (appellation INCI)

    ingredient

    ingredient means any substance that is one of the components of a cosmetic and includes colouring agents, botanicals, fragrance and flavour, but does not include substances that are used in the preparation of the cosmetic but that are not present in the final product as a result of the chemical process; (ingrédient)

    inner label

    inner label means a label on or affixed to the immediate container of a cosmetic; (étiquette intérieure)

    manufacturer

    manufacturer means a person, a partnership or an unincorporated association that sells, or manufactures and sells, a cosmetic under its own name or under a trade-mark, design, trade name or other name or mark owned or controlled by it; (fabricant)

    official method

    official method means a method of analysis or examination designated as such by the Minister for use in the administration of the Act and these Regulations; (méthode officielle)

    ornamental container

    ornamental container means a container that, except on the bottom, does not have any promotional or advertising material on it other than a trade-mark or common name, and that appears to be a decorative ornament because of a design that is on its surface or because of its shape or texture, and is sold as a decorative ornament in addition to being sold as the container of a cosmetic; (contenant décoratif)

    outer label

    outer label means a label on or affixed to the outside package of a cosmetic; (étiquette extérieure)

    practitioner

    practitioner means a person who is registered and licensed under the laws of a province to practise the profession of medicine in that province; (praticien)

    prescription

    prescription means a direction given by a practitioner; (ordonnance)

    principal display panel

    principal display panel has the same meaning as in the Consumer Packaging and Labelling Regulations; (espace principal)

    security package

    security package means a package having a security feature that provides reasonable assurance to consumers that the package has not been opened prior to purchase. (emballage de sécurité)

  • (2) Where a cosmetic has more than one name, a reference in these Regulations to the cosmetic by any of its names is deemed to be a reference to the cosmetic by all of its names.

  • SOR/81-615, s. 1;
  • SOR/85-142, s. 1;
  • SOR/92-16, s. 1;
  • SOR/94-559, s. 1;
  • SOR/2001-272, s. 1;
  • SOR/2004-244, s. 1.

Inspectors

  •  (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.

 [Repealed, SOR/2004-244, s. 2]

Importation into Canada

 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.

 An inspector may examine and take samples of any cosmetic sought to be imported into Canada.

 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.

 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.

  •  (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.

 [Repealed, SOR/2004-244, s. 4]

Sampling

 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.
 
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