S-234
Second Session, Forty-first Parliament,
62-63-64 Elizabeth II, 2013-2014-2015
SENATE OF CANADA
BILL S-234
An Act to amend the Food and Drugs Act (cruelty-free cosmetics)
first reading, June 18, 2015
THE HONOURABLE SENATOR STEWART OLSEN
1515
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 in Canada.
Available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
2nd Session, 41st Parliament,
62-63-64 Elizabeth II, 2013-2014-2015
senate of canada
BILL S-234
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:
“cosmetic animal testing”« 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 in Canada after the coming into force of this paragraph.
4. The Act is amended by adding the following after section 16:
Prohibition
16.1 (1) Subject to subsection (2), no person shall conduct or cause cosmetic animal testing to be conducted in Canada.
Derogation
(2) Subsection (1) does not apply to cosmetic animal testing authorized by the Minister, in prescribed form and manner, when the cosmetic animal testing is justified 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.
Drugs
(3) The Governor in Council may designate, by regulation, a drug that is to be treated as a cosmetic for the purpose of this section.
Published under authority of the Senate of Canada
Explanatory NotesFood 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.