Bill S-214
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S-214
First Session, Forty-second Parliament,
64 Elizabeth II, 2015
SENATE OF CANADA
BILL S-214
An Act to amend the Food and Drugs Act (cruelty-free cosmetics)
first reading, December 10, 2015
THE HONOURABLE SENATOR STEWART OLSEN
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.
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1st Session, 42nd Parliament,
64 Elizabeth II, 2015
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
1. This Act may be cited as the Cruelty-Free Cosmetics Act.
R.S., ch. F-27
FOOD AND DRUGS ACT
2. Section 2 of the Food and Drugs Act is amended by adding the following in alphabetical order:
“animal testing”« essai sur des animaux »
“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”
« essai de cosmétiques sur des animaux »
« essai de cosmétiques sur des animaux »
“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.
3. Section 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 after the coming into force of this paragraph.
4. The Act is amended by adding the following after section 16:
Prohibition
16.1 No person shall conduct or cause cosmetic animal testing to be conducted in Canada.
5. The Act is amended by adding the following after section 18:
Evidence
18.1 No evidence derived from animal testing conducted after the coming into force of this section 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
18.3 The 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
Explanatory Notes
Food and Drugs Act
Clause 2: New.
Clause 3: Existing text of relevant portions of section 16:
16. No person shall sell any cosmetic that
. . .
(b) consists in whole or in part of any filthy or decomposed substance or of any foreign matter; or
(c) was manufactured, prepared, preserved, packaged or stored under unsanitary conditions.
Clause 4: New.
Clause 5 : New.