Importing non-compliant cosmetics and drugs (including health products) for the purpose of sale is prohibited under the Cosmetic Regulations (CR) and Food and Drug Regulations (FDR). However, both of these regulations allow for non-compliant cosmetics and drugs to be imported under 2 conditions:
the importer provides advance notice to a Health Canada inspector of the proposed importation
the product is relabelled or modified as required for its lawful sale in Canada
The advance notice of importation process must be followed as per s. 9 of the Cosmetic Regulations and A.01.044 of the Food and Drug Regulations. It applies to:
cosmetics requiring modification or relabelling prior to being sold as cosmetics in Canada
drugs requiring modification or relabelling prior to being sold as cosmetics in Canada
drugs requiring modification or relabelling prior to being sold as foods in Canada
drugs that hold a valid Canadian market authorization (Drug Identification Number (DIN)/Homeopathic Medicine Number (DIN-HM)/Natural Product Number (NPN)) and require modification or relabelling prior to being sold as drugs in Canada
Content
1. Background
2. Scope
3. Advance notice of importation
4. At the border
5. Compliance and enforcement