Cosmetic Regulations (C.R.C., c. 869)

Regulations are current to 2017-10-13 and last amended on 2007-06-14. Previous Versions

Sales

 No person shall sell a cosmetic if any label or advertisement of the cosmetic contains any symbol or statement that implies that the cosmetic has been compounded in accordance with a prescription.

 No person shall sell a cosmetic recommended for removing stains from the teeth that has a measure of acidity greater than that represented by a pH of 4.

  •  (1) No person shall sell a cosmetic for use in the area of the eye that contains any coal tar dye, coal tar dye base or coal tar dye intermediate.

  • (2) For the purpose of subsection (1) and section 15.1, “area of the eye” means the area bounded by the supraorbital and infraorbital ridges and includes the eyebrows, the skin underlying the eyebrows, the eyelids, the eyelashes, the conjunctival sac of the eye, the eyeball and the soft tissue that lies below the eye and within the infraorbital ridge.

  • SOR/89-228, s. 1.

 No manufacturer or importer shall sell a cosmetic that contains

  • (a) chloroform as an ingredient; or

  • (b) an estrogenic substance.

  • SOR/78-506, s. 1;
  • SOR/85-928, s. 1;
  • SOR/92-663, s. 1.

 No manufacturer or importer shall sell a cosmetic that contains mercury or a salt or derivative thereof unless

  • (a) the cosmetic is intended for use in the area of the eye;

  • (b) the mercury or its salt or derivative thereof is used in the cosmetic as a preservative; and

  • (c) the manufacturer or importer

    • (i) has in his possession evidence demonstrating that the only satisfactory way to maintain the sterility or stability of the cosmetic is to use mercury or a salt or derivative thereof as a preservative, and

    • (ii) at the Minister’s request, provides the Minister with the evidence described in subparagraph (i).

  • SOR/89-228, s. 2;
  • SOR/93-243, s. 2;
  • SOR/2004-244, s. 6.

 No person shall sell a cosmetic described in section 28.2 or 28.3 unless it is packaged in a child-resistant container.

  • SOR/94-559, s. 2;
  • SOR/2004-244, s. 7.

 No person shall sell a cosmetic unless it is labelled in accordance with these Regulations.

Labelling

General

SOR/2004-244, s. 8.

 No reference, direct or indirect, to the Act or these Regulations shall be made on any label or in any advertisement of a cosmetic unless the reference is a specific requirement of the Act or these Regulations.

 The information required by these Regulations to be provided on the label of a cosmetic must

  • (a) be shown both in English and in French, except for the INCI name; and

  • (b) be clearly legible and remain so throughout the useful life of the cosmetic, or in the case of a refillable container, throughout its useful life, under normal conditions of sale and use.

  • SOR/2004-244, s. 9.

 If a cosmetic has only one label, that label must contain all the information required by these Regulations to be shown on both the inner and outer labels.

  • SOR/2004-244, s. 9.

 Subject to these Regulations, the inner label of a cosmetic shall show

  • (a) the name of the manufacturer and the address of their principal place of business; and

  • (b) the identity of the cosmetic in terms of its common or generic name or in terms of its function, unless the identity is obvious.

  • SOR/2004-244, s. 10.
  •  (1) No manufacturer shall make any claim on a label of or in an advertisement for a cosmetic respecting either of the following, unless the manufacturer has evidence that validates the claim:

    • (a) the ability of the cosmetic or any of its ingredients to influence the chemistry of the skin, hair or teeth; or

    • (b) the formulation, manufacture or performance of the cosmetic that would imply that the user of the cosmetic will not suffer injury to their health.

  • (2) The manufacturer shall, on request, provide the Minister with the evidence referred to in subsection (1).

  • SOR/2004-244, s. 11.

List of Ingredients

 Sections 21.2 to 21.5 do not apply to any product whose ingredient labelling is regulated under the Food and Drug Regulations or the Natural Health Products Regulations.

  • SOR/2004-244, s. 11.
  •  (1) Subject to subsection (4), a list of ingredients must appear on the outer label of a cosmetic, with each ingredient listed only by its INCI name.

  • (2) In the case of makeup and nail polish and enamel sold in a range of colour shades, all colouring agents used in the range may be listed if they are preceded by the symbol “+/–” or “±” or the phrase “may contain/peut contenir”.

  • (3) Botanicals must be listed by specifying at least the genus and species portions of the INCI name.

  • (4) An ingredient that is included in the schedule may be listed either by its EU trivial name set out in column 1 of the schedule or by the appropriate English and French equivalents set out in columns 2 and 3.

  • SOR/2004-244, s. 11.

 An ingredient that has no INCI name must be listed by its chemical name.

  • SOR/2004-244, s. 11.
  •  (1) Subject to subsections (2) and (3), ingredients must be listed in descending order of predominance, in their concentration by weight.

  • (2) Ingredients that are present at a concentration of 1% or less and all colouring agents, regardless of their concentration, may be listed in random order after the ingredients that are present at a concentration of more than 1%.

  • (3) In the case of fragrance and flavour, the words “parfum” and “aroma”, respectively, may be inserted at the end of the list of ingredients to indicate that such ingredients have been added to the cosmetic to produce or to mask a particular odour or flavour.

  • SOR/2004-244, s. 11.
  •  (1) Despite subsection 21.2(1), in the case of a cosmetic whose immediate container or outside package is so small that the label cannot comply with the requirements of paragraph 18(b), the list of ingredients may appear on a tag, tape or card affixed to the container or package.

  • (2) Despite subsection 21.2(1), in the case of a cosmetic in an ornamental container that has no outside package, the list of ingredients may appear on a tag, tape or card affixed to the container.

  • (3) Despite subsection 21.2(1), in the case of a cosmetic that has no outside package and whose size, shape or texture, or that of its immediate container, makes it impractical for a tag, tape or card to be affixed to the container, the list of ingredients may instead appear in a leaflet that must accompany the cosmetic at the point of sale.

  • SOR/2004-244, s. 11.

Particular Requirements for Certain Cosmetics

 A hair dye that contains paraphenylenediamine or other coal tar dye base or coal tar intermediate must

  • (a) carry the following warning on both the inner and outer labels:

    “CAUTION: This product contains ingredients that may cause skin irritation on certain individuals and a preliminary test according to accompanying directions should first be made. This product must not be used for dyeing the eyelashes or eyebrows. To do so may cause blindness.

    MISE EN GARDE : Ce produit contient des ingrédients qui peuvent causer de l’irritation cutanée chez certaines personnes; il faut donc d’abord effectuer une épreuve préliminaire selon les directives ci-jointes. Ce produit ne doit pas servir à teindre les sourcils ni les cils; en ce faisant, on pourrait provoquer la cécité.”; and

  • (b) be accompanied by instructions to the following effect:

    • (i) the preparation may cause serious inflammation of the skin in some persons, and a preliminary test should always be made to determine whether special sensitivity exists, and

    • (ii) to make the test, a small area of skin behind the ear or on the inner surface of the forearm should be cleansed, using either soap and water or alcohol, and a small quantity of the hair dye as prepared for use should be applied to the area and allowed to dry. After 24 hours, the area should be washed gently with soap and water. If no irritation or inflammation is apparent, it may be assumed that no hypersensitivity to the dye exists. The test should be made before each application. The hair dye should never be used for dyeing eyebrows or eyelashes, as severe inflammation of the eye or even blindness may result.

  • SOR/89-228, s. 3;
  • SOR/2004-244, s. 11.
 
Date modified: