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Bill S-214

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First Session, Forty-second Parliament,

64-65-66-67 Elizabeth II, 2015-2016-2017-2018

SENATE OF CANADA

BILL S-214
An Act to amend the Food and Drugs Act (cruelty-free cosmetics)

AS PASSED
BY THE SENATE
June 19, 2018
4211515


SUMMARY

This enactment amends the Food and Drugs Act to prohibit cosmetic animal testing and the sale of cosmetics developed or manufactured using cosmetic animal testing. It also provides that no evidence derived from animal testing may be used to establish the safety of a cosmetic.

Available on the Senate of Canada website at the following address:
www.sencanada.ca/en


1st Session, 42nd Parliament,

64-65-66-67 Elizabeth II, 2015-2016-2017-2018

SENATE OF CANADA

BILL S-214

An Act to amend the Food and Drugs Act (cruelty-free cosmetics)

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Short title

1This Act may be cited as the Cruelty-Free Cosmetics Act.

R.‍S.‍, ch. F-27

Food and Drugs Act

2Section 2 of the Food and Drugs Act is amended by adding the following in alphabetical order:

animal testing means the topical application or internal administration of any substance to a live non-human vertebrate to evaluate its safety or efficacy.

cosmetic animal testing means the topical application or internal administration of any cosmetic or ingredient of any cosmetic to a live non-human vertebrate to evaluate its safety or efficacy for the purpose of developing or manufacturing a cosmetic.

3Section 16 of the Act is amended by striking out “or” at the end of paragraph (b), by adding “or” at the end of paragraph (c) and by adding the following after paragraph (c):

  • (d)was developed or manufactured using cosmetic animal testing conducted more than four years after the day on which this paragraph comes into force.

4The Act is amended by adding the following after section 16:

Prohibition

16.‍1No person shall conduct or cause cosmetic animal testing to be conducted in Canada.

5The Act is amended by adding the following after section 18:

Evidence

18.‍1No evidence derived from animal testing conducted more than four years after the day on which this section comes into force may be submitted or used to establish the safety of a cosmetic or an ingredient of a cosmetic under this Act or the regulations.

Derogation

18.‍2(1)Paragraph 16(d) and sections 16.‍1 and 18.‍1 do not apply to animal testing authorized by the Minister, in prescribed form and manner, when there is no alternative method to evaluate substantiated specific human health problems associated with a cosmetic or ingredient of a cosmetic that is in wide use and cannot be replaced by another cosmetic or ingredient of a cosmetic capable of performing a similar function.

Public consultations

(2)The Minister shall, after having given notice in the prescribed form and manner, conduct public consultations before issuing an authorization under subsection (1).

Drugs

18.‍3The Governor in Council may designate, by regulation, a drug that is to be treated as a cosmetic for the purposes of paragraph 16(d) and sections 16.‍1, 18.‍1 and 18.‍2.

Published under authority of the Senate of Canada

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