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Exporting cosmetics and beauty products from Canada

Health Canada expects cosmetics exported from Canada to meet both the destination's law and the Food and Drugs Act and Cosmetic Regulations. A cosmetic made in Canada only for export can instead be exempted under section 37 with a sworn export certificate, though the bans on harmful, contaminated and unsanitary cosmetics still apply.

Updated · Each section links to the official source it comes from

Regulator
Health Canada, Consumer Product Safety Program
Exporter's duty
Meet the destination's law and Canadian law
Made only for export
Section 37 export certificate, sworn by the exporter
Still applies under section 37
Sections 16 and 18 of the Food and Drugs Act
Online sales abroad
Count as export

Before the goods leave

The questions to answer, in the order they usually come up.

  1. 1Is the cosmetic also sold in Canada, or made only for export? Read more
  2. 2If made only for export, is a section 37 certificate in place and the package marked "Export"? Read more
  3. 3Is the product only passing through Canada? Read more
  4. 4Is an export declaration needed at the border? Read more
  5. 5Will the importer claim a preferential duty rate? Read more

The rules, by area

What each area covers, the texts that set it, and what the official pages say.

Health Canada's rules for exported cosmetics

What Health Canada expects of businesses that export cosmetics, or send them through Canada, for commercial purposes.

  • Exporters must make sure exported cosmetics comply with the requirements of the destination country and with the Food and Drugs Act and its Cosmetic Regulations.
  • Export includes the sale or advertising over the Internet of cosmetics to a foreign jurisdiction.
  • Commercial purposes include sale or distribution, giveaways, trade shows, online storefronts, and use by professionals such as hairdressers and estheticians.
  • Cosmetics passing through Canada are exempt under section 38 if made outside Canada and imported solely for export, but they cannot be sold, made, packaged, labelled, tested or stored outside bond while here.
  • Importing cosmetics to relabel them in Canada for foreign customers is not a transhipment: the products must meet the Act and Cosmetic Regulations or be brought into compliance.
  • Health Canada recommends including the Cosmetic Number it assigned with shipments of cosmetics.
  • Section 16.2 of the Food and Drugs Act prohibits conducting a test on an animal that could cause it pain, suffering or injury in order to meet a cosmetic safety requirement under the law of a foreign state.

How we help: Compliant Always keeps the notification, labels and specifications behind each cosmetic with the product, and reads them against the destination's requirements you record. Ask about this

Cosmetics made only for export (section 37)

The exemption from the Food and Drugs Act for packaged cosmetics made in Canada for export and not for use in Canada.

  • Section 37 exempts a packaged cosmetic made or prepared in Canada, intended for export and not made or sold for use in Canada, if a certificate has been issued that it does not contravene any known requirement of the importing country's law.
  • The exporter signs the certificate in the form in Appendix III of the Food and Drug Regulations, for an article marked in distinct overprinting with the word "Export", and declares it before a Commissioner for Taking Oaths.
  • Even then, section 16 applies: no cosmetic may be sold that contains a substance that may injure the user, consists of filthy or decomposed matter, or was made or stored in unsanitary conditions.
  • Section 18 also still applies, prohibiting the manufacture, preparation, preservation, packaging or storage of cosmetics for sale in unsanitary conditions.

How we help: Compliant Always keeps the sworn certificate with the lots made for export, dated, and keeps the destination's requirements beside them. Ask about this

Export declaration and reporting to the CBSA

How commercial goods are reported to the Canada Border Services Agency before they leave Canada, and what the exporter keeps afterwards.

  • In most cases an export declaration is needed for commercial goods. The most common exceptions are goods exported for consumption in the United States and non-restricted goods valued at less than CAN $2,000.
  • Goods moving through the United States to another destination, including goods entering the US on a transportation and exportation (T and E) bond, need a declaration.
  • Restricted goods, those controlled, regulated or prohibited under Canadian law, need their permit, certificate or licence whatever their value; going to the US they need no declaration, but the permit must still be presented.
  • Declarations are made through the Canadian Export Reporting System (CERS) or G7 EDI, with a business number and RM export program identifier. The exporter gives the carrier the proof of report number.
  • Minimum time limits: 2 hours before loading for air and rail, 48 hours before loading for marine, 2 hours before delivery to the post office, and immediately before export by highway.
  • The exporter may delegate reporting to a customs service provider but remains responsible for the information, and keeps export records in Canada for 6 years.

How we help: Compliant Always keeps the proof of report number, permits and export records with each shipment, dated, and shows what is missing before the goods are loaded. Ask about this

Certificates of origin under trade agreements

The document that lets the importer claim a preferential duty rate under one of Canada's free trade agreements, such as CUSMA, CETA or CPTPP.

  • A certificate of origin certifies that the good meets a free trade agreement's rules of origin; the importer must have it to claim preferential tariff treatment.
  • Under CETA, the Canada-UK TCA, CEFTA and CUFTA it is an origin declaration on an invoice or other commercial document. Canadian exporters enter their Business Number in the CETA declaration.
  • Under CUSMA and CPTPP it is a set of minimum data elements with no prescribed format, which the importer, exporter or producer may complete.
  • A certificate can cover one shipment, or identical goods over a blanket period of up to 12 months. It is valid for four years from signature.
  • Whoever certifies origin keeps the certificate and supporting records for six years, and must tell everyone they gave it to of any change affecting its accuracy.

How we help: Compliant Always keeps each origin declaration with the products and shipments it covers, shows when a blanket period runs out, and answers importers' origin questions from the record. Ask about this

Who answers for what

WhoWhat they answer forHow we help
ExporterMeeting the destination's law and Canadian law, any section 37 certificate, and the export declaration.Certificates and declarations kept with each shipment.
ManufacturerSanitary manufacture and the formulation, which sections 16 and 18 cover even for export-only products.Specifications and test reports kept with each lot.
Customs service provider or freight forwarderReporting on the exporter's behalf where delegated, and keeping transhipments in bond.Proof of report and documents in one place for the carrier.

Where are the goods going?

Most of what cosmetics and beauty products have to meet is set where they are sold. Each guide sets out the rules on arrival, with the official source for each.

Questions businesses ask

Do exported cosmetics have to meet Canadian rules?
Health Canada says exporters must make sure exported cosmetics comply with the destination country's requirements and with the Food and Drugs Act and Cosmetic Regulations, unless the product qualifies for the section 37 export exemption.
Can I make a cosmetic in Canada only for export without meeting Canadian labelling rules?
Section 37 of the Food and Drugs Act exempts packaged cosmetics made in Canada only for export, marked "Export", if the exporter issues a sworn certificate that they do not contravene any known law of the destination.
What does a section 37 export certificate for cosmetics say?
That the article, packaged and labelled as described and marked "Export", is made in Canada, is not made or sold for use in Canada, and does not contravene any known requirement of the destination's law. The exporter declares it before a Commissioner for Taking Oaths.
Which rules still apply to cosmetics made only for export?
Sections 16 and 18 of the Food and Drugs Act: no injurious substances, no filthy or decomposed matter, and no manufacture, packaging or storage in unsanitary conditions.
Is selling cosmetics online to customers abroad exporting?
Yes. Health Canada's guide defines export to include the sale or advertising over the Internet of cosmetics to a foreign jurisdiction.
Can cosmetics pass through Canada without meeting the Cosmetic Regulations?
Yes, under section 38, if made outside Canada and imported solely for export. While in Canada they cannot be sold, made, packaged, labelled, tested, or stored outside a CBSA bonded facility.
Can I relabel imported cosmetics in a Canadian warehouse for export?
Not as a transhipment. Health Canada says relabelling is a regulated activity, so the imported products must meet the Food and Drugs Act and Cosmetic Regulations or be brought into compliance under section 9 of the Cosmetic Regulations.
Can a Canadian company test cosmetics on animals to meet another country's rules?
No. Section 16.2 of the Food and Drugs Act prohibits conducting a test on an animal that could cause it pain, suffering or injury when the purpose is to meet a requirement relating to cosmetic safety under the law of a foreign state.
Should the Cosmetic Number go with a shipment?
Health Canada recommends that industry include the unique Cosmetic Number it assigned with shipments of cosmetics, as information showing the products meet the applicable requirements.
Do I need an export declaration for cosmetics going to the United States?
Not for non-restricted goods exported for consumption in the United States. Shipments elsewhere worth CAN $2,000 or more need a declaration through CERS or G7 EDI.
How long is a certificate of origin for cosmetics valid?
Four years from the date of signature. A certificate may cover one shipment, or identical goods over a blanket period of up to 12 months.
How does Compliant Always help with exporting from Canada?
Our team reads the rules for the routes you ship. Compliant Always shows which export documents apply to your product, keeps them with the shipment beside what the destination asks for, and watches the sources for changes. It shows what the requirements say and what your documents show; you decide.

Sources

Compliant Always is a product of Lettuce Labs LLC. It shows what requirements say and what your documents show. It is not legal advice, and you decide.

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