CA President Darren Praznik was invited to appear before the Standing Senate Committee on Social Affairs, Science and Technology (May 11) as well as the House of Commons Standing Committee on Finance (May 18) to speak to the government’s proposed legislation for a ban on cosmetics animal testing. The ban is being considered as part of Bill C-47 (Budget Implementation Act).
Interestingly, Darren was the only stakeholder who appeared at the Senate Committee while both Darren and Michael Bernard, Deputy Director of Humane Society International/Canada appeared together at the House Committee. This allowed CA to showcase industry’s leadership in advancing a workable ban (i.e. aligned with the EU and drafted by Health Canada) and conveying our support for passage without issue. The bill must complete the consideration and report stage by the House Committee before moving to third reading, and then must complete a similar process in the Senate. The bill is expected to pass before summer recess (mid/end June).
Our allied stakeholder group issued joint letters of support to both Committees – read HERE.
The wording of the amendments to the Food & Drugs Act can be found below. Further consultation can be expected on any possible amendments to regulations that may be required. We also expect the development of a Guidance Document.
We are now working with Health Canada’s Communications Team on a possible PR event to be held later in June once the legislation passes. CA will keep members informed of developments. For more information on the details of the ban, please see our May 10th member update HERE.
Bill C-47
DIVISION 28 - Food and Drugs Act (Cosmetics Testing on Animals)
R.S., c. F-27
Amendments to the Act
505 The Food and Drugs Act is amended by adding the following after section 16:
Prohibited sales — animal testing
16.1 (1) No person shall sell a cosmetic unless the person can establish the safety of the cosmetic without relying on data derived from a test conducted on an animal that could cause pain, suffering or injury, whether physical or mental, to the animal.
End of inserted block
Exceptions
(2) The prohibition in subsection (1) does not apply if
(a) the Government of Canada has published the data in a scientific journal or on a Government of Canada website;
(b) the data is publicly available and is derived from a test that was not sponsored by or conducted by or on behalf of a person who manufactures, imports or sells the cosmetic;
(c) the following conditions are met:
(i) the data is derived from a test that was conducted on a substance in order to meet
(A) a requirement under a provision of an Act of Parliament or any of its regulations that applied at the time that the test was conducted, except a requirement that relates only to cosmetics under a provision of this Act or the regulations, or
(B) a requirement that does not relate to cosmetics under the law that applied in a foreign state at the time that the test was conducted,
(ii) the substance is or has been used in a product that is not a cosmetic and that is or has been legally sold in the country where the requirement in question applied, and
(iii) the test was necessary to meet the requirement in order to sell the product in that country;
(d) the data is derived from a test that was conducted before the day on which this section comes into force;
(e) the cosmetic was sold in Canada at any time before the day on which this section comes into force; or
(f) any prescribed circumstance applies.
Prohibition — animal testing
16.2 No person shall conduct a test on an animal that could cause pain, suffering or injury, whether physical or mental, to the animal if the purpose of the test is to meet, with respect to a cosmetic, a requirement under a provision of this Act or the regulations or to meet a requirement that relates to the safety of cosmetics under the law that applies in a foreign state.
End of inserted block
Prohibited claims — animal testing
16.3 (1) No person shall make a claim on the label of or in an advertisement for a cosmetic that is likely to create an impression that the cosmetic was not tested on animals after the day on which this section comes into force unless the person has evidence that no such testing occurred after that day.
Provision of evidence
(2) A person who makes a claim described in subsection (1) shall, on the request of the Minister, provide the Minister with the evidence referred to in that subsection.
506 (1) Subsection 30(1) of the Act is amended by adding the following after paragraph (h):
(h.01) respecting the provision to the Minister of evidence under subsection 16.3(2);
(2) Section 30 of the Act is amended by adding the following after subsection (1.4):
Regulations — animal testing
(1.5) Without limiting the power conferred by any other subsection of this section, the Governor in Council may make any regulations that the Governor in Council considers necessary for the purpose of preventing, in respect of cosmetics, the conduct of a test on an animal that could cause pain, suffering or injury, whether physical or mental, to the animal, or preventing the purchaser or consumer of a cosmetic from being deceived or misled in respect of whether the cosmetic was tested on animals.
Coming into Force
Six months after royal assent
507 This Division comes into force on the day that, in the sixth month after the month in which this Act receives royal assent, has the same calendar number as the day on which this Act receives royal assent or, if that sixth month has no day with that number, the last day of that sixth month.
