Cosmetic Regulations (C.R.C., c. 869)

28 [Repealed, SOR/93-243, s. 2]

Security Packaging

• 28.1 (1) Subject to subsection (2) no person shall sell a mouthwash for human use unless it is contained in a security package.

• (2) Subsection (1) applies only to mouthwash that is available to the public in an open self-selection area or that is distributed as a sample.

• (3) Unless the security feature of a security package is self-evident and is an integral part of the immediate container, the inner label of the security package must carry a statement or illustration that draws attention to the security feature of the package and, if the security feature is part of an outside package, the outer label must also carry the statement or illustration.

28.2 The principal display panel of the inner and outer labels of a cosmetic, other than one in a container described in subsection 25(1), that contains 5 mL or more of methyl alcohol must display all of the following information:

• (a) the hazard symbol set out in column II of item 1 of Schedule II to the Consumer Chemicals and Containers Regulations, as they read on September 30, 2001, in accordance with paragraphs 16(a) and (b) of those Regulations; and

• (b) for each of the particulars set out in column I of items 1 to 5 of the table to section 46 of the Consumer Chemicals and Containers Regulations, as they read on September 30, 2001, the signal word and statements set out in columns III and IV of those items, which must be located on the labels in accordance with paragraphs 15(2)(a) to (c) of those Regulations and printed in accordance with paragraphs 17(a) and (b), 18(a) and (b) and 19(1)(a) and (b) and subsection 19(2) of those Regulations.

28.3 The inner and outer labels of a cosmetic in liquid form that contains 600 mg or more of sodium bromate (NaBrO₃) or 50 mg or more of potassium bromate (KBrO₃ ) must carry a statement to the effect that the product contains sodium bromate or potassium bromate, as the case may be, is poisonous, is to be kept out of the reach of children and, in the case of accidental ingestion, a Poison Control Centre or physician is to be contacted immediately.

28.4 [Repealed, SOR/2004-244, s. 19]

Evidence of Safety of Cosmetics

• 29 (1) The Minister may request in writing that a manufacturer or importer submit to the Minister, on or before a specified day, evidence to establish the safety of a cosmetic under the recommended or the normal conditions of use.

• (2) A manufacturer or importer who does not submit the evidence requested under subsection (1) must cease to sell the cosmetic on the day after the day specified in the request.

• (3) If the Minister determines that the evidence submitted by a manufacturer or importer under subsection (1) is not sufficient, the Minister must notify the manufacturer or importer in writing to that effect, and the manufacturer or importer must cease to sell the cosmetic until the manufacturer or importer

  • (a) has submitted further evidence to the Minister; and

  • (b) has been notified in writing by the Minister that the further evidence is sufficient.

Notification

• 30 (1) Every manufacturer and importer shall provide the Minister with the following documents, at the latest 10 days after the manufacturer or importer first sells a cosmetic:

  • (a) a notification on a form obtained from the Minister and signed by the manufacturer or importer, as the case may be, or a person authorized on their behalf, advising whether they intend to continue sales of the cosmetic in Canada and including the information specified in subsection (2); and

  • (b) if the labels and inserts used in conjunction with the cosmetic require the information set out in any of sections 22 to 24, a copy or facsimile of the labels and inserts

• (2) The following is the information required for the purpose of paragraph (1)(a):

  • (a) the contact information that appears on the inner label of the cosmetic in accordance with paragraph 20(a);

  • (b) the name under which the cosmetic is sold;

  • (c) the function of the cosmetic, including whether the cosmetic is a leave-on product or a rinse-off product;

  • (d) a list of the cosmetic’s ingredients, according to their INCI name — or, in the absence of such a name, their chemical name — and, for each ingredient, either its exact concentration or the concentration range that includes the concentration of that ingredient, the latter of which may only be indicated by setting out either the applicable concentration range set out in column 1 of the table to this section or the number in column 2 that corresponds to the applicable concentration range set out in column 1;

  • (e) the form of the cosmetic;

  • (f) the name and address in Canada of the manufacturer or importer;

  • (g) if the cosmetic was not manufactured or formulated by the person referred to in paragraph (f), the name and address of the person who manufactured or formulated it; and

  • (h) the name and title of the person who signed the notification referred to in paragraph (1)(a).

  	Column 1				Column 2
  Item	Concentration Range				Corresponding Number
  1	More than 80%, up to 100%				1
  2	More than 65%, but not more than 80%				2
  3	More than 50%, but not more than 65%				3
  4	More than 40%, but not more than 50%				4
  5	More than 30%, but not more than 40%				5
  6	More than 20%, but not more than 30%				6
  7	More than 10%, but not more than 20%				7
  8	More than 3%, but not more than 10%				8
  9	More than 1%, but not more than 3%				9
  10	More than 0.3%, but not more than 1%				10
  11	More than 0.1%, but not more than 0.3%				11
  12	More than 0.001%, but not more than 0.1%				12
  13	More than 0%, but not more than 0.001%				13

• 31 (1) A manufacturer or importer who has provided the Minister with a notification under section 30 must

  • (a) provide the Minister with a revised notification, together with any applicable revised document or information within 10 days after the day on which the document or information becomes inaccurate; and

  • (b) provide the Minister with any additional information that the Minister requests respecting the notification within 10 days after the day of the Minister’s request.

• (2) For the purposes of paragraph (1)(a), an inaccurate document or inaccurate information includes a document or information in respect of a cosmetic that is no longer sold in Canada.

32 [Repealed, SOR/2004-244, s. 22]