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Toy Safety in Canada and the United
States
Regulatory Overview, Updates, and
Cooperation
Note: Presentation Available for ...
TODAY’S PRESENTATION
• Provide an overview of consumer product safety legislation
and authorities in both jurisdictions
• ...
CONSUMER PRODUCT SAFETY
LEGISLATION IN CANADA AND THE
UNITED STATES
3
KEY LEGISLATION
Canada Consumer Product Safety Act (CCPSA)
• Addresses dangers to human health or safety that are posed by...
KEY POWERS AVAILABLE TO HEALTH CANADA
• Issue public communications
• Order suppliers to conduct tests or studies on a pro...
KEY LEGISLATION
Consumer Product Safety Act (CPSA)
• Manufacturers and importers must third party test and certify
childre...
KEY POWERS AVAILABLE TO CPSC
• Order a manufacturer to cease distribution, repair,
replace, or refund the purchase price o...
WHAT’S NEW?
8
WHAT’S NEW AT HEALTH CANADA
• In April 2014, Health Canada’s Minister announced its Regulatory Transparency
and Openness F...
WHAT’S NEW AT HEALTH CANADA
• On April 3, 2014, Health Canada published regulations amending
Schedule 2 to the Canada Cons...
WHAT’S NEW AT CPSC
• Prohibition of Children's Toys and Child Care
Articles Containing Specified Phthalates (Proposed)
– P...
REQUIREMENTS IN CANADA AND THE
UNITED STATES
12
CANADIAN SAFETY REQUIREMENTS FOR
CHILDREN’S TOYS
• The main regulation in Canada is the Toys Regulations (SOR/2011-17)
- T...
TESTING TOYS FOR SAFETY - CANADA
• In Canada, provincial and territorial legislation requires that electric toys must bear...
TOY SAFETY – HEALTH CANADA ENFORCEMENT
• Health Canada carries out regular compliance and enforcement
projects where toys ...
U.S. REQUIREMENTS
• Requirements in the CFR have been in effect
since the 1970s
• CPSIA included the requirements of the C...
• CPSC has ongoing enforcement programs and
partnerships with Customs and Border
Protection for imports
• Individual claim...
U.S. REGULATED PRODUCT TESTING
• Three different divisions conduct regulated
product testing
– Mechanical
– Electrical and...
A FEW HIGHLIGHTS ON US/CANADA
REQUIREMENTS…
19
20
Head*:
• Heavy Elements, including lead, in Surface Coating Materials– ASTM F963 section 4.3 outlines the
toxicology requi...
Head*:
• Surface Coating Materials - Canada specifies limits for certain heavy elements & prescribes
specific test paramet...
WORKING TOGETHER
23
BILATERAL COOPERATION CANADA - US
• Although requirements between Canada and the United States vary, we
share the goal of ...
NORTH AMERICAN COOPERATION ON CONSUMER
PRODUCT SAFETY
• North America Free Trade Agreement has fostered the need for great...
ACTIVITIES UNDER THE FRAMEWORK
1) Consumer Outreach
• Coordinated joint consumer outreach activities and campaigns:
– Camp...
JOINT RECALLS: CRITERIA
• Product sold in at least 2 or all 3 countries
• Product must also be under the jurisdiction of a...
28
Joint RecallsJOINT RECALLS
Conclusion
• Though consumer product safety requirements may
vary, we share the goal of safe products in the North
America...
KEY RESOURCES
Health Canada
www.healthcanada.gc.ca/cps
www.healthcanada.gc.ca/reportaproduct
www.hc-sc.gc.ca/cps-spc/pubs/...
THANK YOU / MERCI
Joanne Brathwaite
Consumer Product Safety Program
Health Canada
cps-spc@hc-sc.gc.ca
Neal S. Cohen
Small ...
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Toy Safety in Canada and the United States : Regulatory Overview, Updates, and Cooperation

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Toy Safety in Canada and the United States : Regulatory Overview, Updates, and Cooperation

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Toy Safety in Canada and the United States : Regulatory Overview, Updates, and Cooperation

  1. 1. Toy Safety in Canada and the United States Regulatory Overview, Updates, and Cooperation Note: Presentation Available for Download: www.slideshare.net/USCPSC VIEWS EXPRESSED IN THIS PRESENTATION ARE THOSE OF THE STAFF AND DO NOT NECESSARILY REPRESENT THE VIEWS OF THE COMMISSION OR HEALTH CANADA.
  2. 2. TODAY’S PRESENTATION • Provide an overview of consumer product safety legislation and authorities in both jurisdictions • Provide brief highlights of what’s new at CPSC and Health Canada • Review key requirements for industry • Highlight regulatory cooperation initiatives in North America 2
  3. 3. CONSUMER PRODUCT SAFETY LEGISLATION IN CANADA AND THE UNITED STATES 3
  4. 4. KEY LEGISLATION Canada Consumer Product Safety Act (CCPSA) • Addresses dangers to human health or safety that are posed by consumer products in Canada, including those that circulate within Canada and those that are imported. • “General Prohibition” against the supply of consumer products that pose a danger to human health or safety • 35 regulations, including several relevant to toys • No premarket certification requirements under CCPSA • Onus is on suppliers to ensure products they bring to market comply with the Act and its regulations. • Establishes responsibilities for manufacturers, importers, advertisers, and retailers of consumer products, including: • Mandatory Incident Reporting • Record-keeping to allow traceability of products within the distribution chain 4
  5. 5. KEY POWERS AVAILABLE TO HEALTH CANADA • Issue public communications • Order suppliers to conduct tests or studies on a product to verify compliance • Order suppliers to stop manufacturing, importation, sale, etc. of a product • Order suppliers to carry out recalls and to take other corrective actions • Prosecute criminal offences or apply Administrative Monetary Penalties • Seize product, documents or materials • Disclose personal or business information necessary to identify or address a serious danger to human health or safety 5
  6. 6. KEY LEGISLATION Consumer Product Safety Act (CPSA) • Manufacturers and importers must third party test and certify children’s products to ensure products they bring to market comply with the Act and regulations. • Industry self-reporting through Section 15. Federal Hazardous Substances Act (FHSA) • Requires precautionary labeling on the immediate container of hazardous household products to help consumers safely store and use those products and to give them information about immediate first aid steps to take if an accident happens. • Bans certain products that are so dangerous or the nature of the hazard is such that the labeling the act requires is not adequate to protect consumers. 6
  7. 7. KEY POWERS AVAILABLE TO CPSC • Order a manufacturer to cease distribution, repair, replace, or refund the purchase price of a product • Seize and destroy product at the port of entry • Issue public communications and warnings re: a product and a recall/corrective action plan • Investigate for civil and criminal penalties for failure to report in a timely and adequate manner; other violations • Injunctive relief • Above can be via court or administrative proceedings or voluntary, in cooperation with the manufacturer. 7
  8. 8. WHAT’S NEW? 8
  9. 9. WHAT’S NEW AT HEALTH CANADA • In April 2014, Health Canada’s Minister announced its Regulatory Transparency and Openness Framework. • An Action Plan for 2014-2015 is featured on the Health Canada website and includes 15 activities that focus on providing timely, credible and understandable health and safety information. Consumer Product Safety Program related activities under the action plan of interest to business include: – Posting the Consumer Product Safety Risk Assessment Framework – Posting Quarterly Consumer Product Safety Incident Report Summaries – Posting Consumer Product Enforcement Summary Reports • The website features a feedback button for Canadians and stakeholders to submit their comments pertaining to transparency and openness. • Health Canada has committed to reporting annually on what is achieved in each fiscal year. 9
  10. 10. WHAT’S NEW AT HEALTH CANADA • On April 3, 2014, Health Canada published regulations amending Schedule 2 to the Canada Consumer Product Safety Act (CCPSA) to prohibit tris (2-chloroethyl) phosphate (TCEP) in certain products. • As per item 16, Schedule 2 to the CCPSA, products that are made, in whole or in part, of polyurethane foam that contains TCEP and that are intended for a child under three years of age are prohibited. • This prohibition came into force on October 23, 2014. 10
  11. 11. WHAT’S NEW AT CPSC • Prohibition of Children's Toys and Child Care Articles Containing Specified Phthalates (Proposed) – Proposes banning 5 phthalates in addition to phthalates already banned in CPSIA in concentrations greater than 0.1% • Potential Ways to Reduce Third Party Testing Costs Consistent with Assuring Compliance – $1M being spent in 2015 • Study on HDXRF testing for heavy metals in toys to lower testing costs • Proposed Rule on Certificates of Compliance • Prior Violations List: www.cpsc.gov/violations 11
  12. 12. REQUIREMENTS IN CANADA AND THE UNITED STATES 12
  13. 13. CANADIAN SAFETY REQUIREMENTS FOR CHILDREN’S TOYS • The main regulation in Canada is the Toys Regulations (SOR/2011-17) - The Toys Regulations is the new title for the previous Hazardous Products (Toys) Regulations that were in place from 1970 to 2011 under the Hazardous Products Act. • The Toys Regulations set out mandatory safety requirements that address a wide range of mechanical, flammability, toxicological, electrical, thermal and other hazards associated with children’s toys (http://laws- lois.justice.gc.ca/eng/regulations/SOR-2011-17/index.html). • Several other regulations under the CCPSA may also apply to a specific toy, depending on the toy’s design, construction, contents and, in some cases, how it is marketed. 13
  14. 14. TESTING TOYS FOR SAFETY - CANADA • In Canada, provincial and territorial legislation requires that electric toys must bear a compliance certification mark from a certification body accredited by the Standards Council of Canada. - The certification mark indicates that the toy has been tested and meets all relevant requirements under the Canadian Electrical Code. • No other test or certification requirements are mandatory under the CCPSA for toys. • However, testing a toy against the requirements under the CCPSA is the only way to verify compliance. • Health Canada urges industry members to complete compliance testing before a toy is placed on the market in Canada. • Instructions for obtaining Health Canada’s test methods: www.hc-sc.gc.ca/cps-spc/prod-test-essai/index-eng.php 14
  15. 15. TOY SAFETY – HEALTH CANADA ENFORCEMENT • Health Canada carries out regular compliance and enforcement projects where toys on the Canadian market are sampled and reviewed. • Suppliers can be asked to provide product tests or studies to verify compliance. • Health Canada may conduct compliance testing. • Health Canada investigates complaints and incident reports related to toy safety. • If a toy is found unsafe, or if a toy is found to violate a requirement, then Health Canada will take action to protect the public. • This action can include product recall, seizure and prosecution. 15
  16. 16. U.S. REQUIREMENTS • Requirements in the CFR have been in effect since the 1970s • CPSIA included the requirements of the CFR in ASTM F963, mandatory since 2008 • New changes to ASTM F963 are incorporated into regulation via Commission vote • www.cpsc.gov/BusinessEducation 16
  17. 17. • CPSC has ongoing enforcement programs and partnerships with Customs and Border Protection for imports • Individual claims are investigated by the Agency • Injury Data from hospitals are monitored 17 US TOY ENFORCEMENT
  18. 18. U.S. REGULATED PRODUCT TESTING • Three different divisions conduct regulated product testing – Mechanical – Electrical and Flammability – Chemistry • Timing; Import samples • Priorities 18
  19. 19. A FEW HIGHLIGHTS ON US/CANADA REQUIREMENTS… 19
  20. 20. 20
  21. 21. Head*: • Heavy Elements, including lead, in Surface Coating Materials– ASTM F963 section 4.3 outlines the toxicology requirements for Antimony, Arsenic, Barium, Cadmium Chromium, Lead, Mercury, Selenium- US limits to not more than 100ppm • Phthalates –Plasticized components of toys must be tested to demonstrate compliance with the phthalates limitations currently in effect. • Hard Eye & Nose Attachments – depending on age determination, these features could be subject to a Torque and Tension test up to 15 lbs of force…small parts? • Flashing- Most plastic flashing cannot be classified as a sharp edge, however the toy may be classified as a defect. Torso*: • Stuffing – US requires that stuffing be clean, no vermin, no sharpness, non-toxic • If the batteries are found to be accessible, they will be subject to ASTM F963 section 4.25 • Seam strength test (16 CFR 1500.51) • Flammability (F963 4.2) is NOT a requirement for CPSC testing per Congress Hand, Pacifier*: Pacifiers – US specifies requirements for pacifiers in 16 CFR 1511, nitrosamines Mouth: Sound – US specifies 85 dB LAeq and 115 dB LCpeak limits measured at 50 cm for this particular toy (ASTM F963 4.5) Hand, Projectile Device*: Projectiles – ASTM F963 section 4.21 Feet*: • Hazardous magnets would be determined by ASTM F963 section 4.38 • Any material intended for children less than 6 years of age, that is, all accessible parts and components where there is a probability that those parts and components may come into contact with the mouth are subject to the Heavy Elements requirements of ASTM F963 section 4.3 Neck Bolts*: • Small Parts – (16 CFR 1512) The same small parts cylinder is used on both sides of the border • A flexure test could be applied (16 CFR 1500.51) if the wire holding the head still could produce a sharp point • Hazardous magnets would be determined by ASTM F963 section 4.38 *Product may be subject to additional requirements in the CPSIA and other CPSC requirements. www.cpsc.gov/BusinessEducatio
  22. 22. Head*: • Surface Coating Materials - Canada specifies limits for certain heavy elements & prescribes specific test parameters. Seven regulated heavy elements: lead, mercury, antimony, arsenic, cadmium, selenium and barium (Toys Regulations, section 23). • Lead (substrate) – Canada limits total lead content to not more than 90 ppm in toys for children under 3 years of age (Consumer Products Containing Lead (Contact with Mouth) Regulations, section 2). • Phthalates - If material is vinyl Canada specifies limits for certain phthalates (Phthalates Regulations, sections 3 and 4). • Flammability – In Canada the hair must not flame with a 1-second flame impingement or must self-extinguish in 2 seconds with flame removal (Toys Regulations, section 34). • Hard Eye & Nose Attachments – Canada requires that each hard eye or nose component must not be grippable or must not detach when a 9 kg weight is freely suspended from it for 5 minutes (Toys Regulations, section 31). • Flashing – a sharp edge must not be present after RFU testing (Toys Regulations, section 10(a)). Torso*: • Flammability – In Canada the outer covering, including clothing, must have a flame spread time greater than 7 s (1 s flame impingement, 45°) (Toys Regulations, section 32). • Stuffing – Canada requires that stuffing be clean, no vermin, no sharpness, non-toxic and non-irritant (Toys Regulations, section 29). • Stuffing – Canada does not allow plant seeds (regardless of toy’s age grade) (Toys Regulations, section 35). Hand, Pacifier*: • Pacifiers – Canada specifies requirements and tests for pacifiers in the Hazardous Products (Pacifiers) Regulations). • In Canada, the Phthalates Regulations, Consumer Products Containing Lead (Contact with Mouth) Regulations also apply. Head*: Sound – Canada specifies a 100 decibel limit (LAFmax) measured at an ordinary use distance from the user's ear (Toys Regulations, section 19) an ordinary use distance of 15 cm is applied for hand held toys such as this. *Complete details are provided in the Canada Consumer Product Safety Act and its associated Regulations. Hand, Projectile Device*: Projectiles – Canada specifies that projectiles capable of causing a puncture wound must have a protective tip (Toys Regulations, section 16). Feet*: • Flammability – In Canada the outer covering, including clothing, must have a flame spread time greater than 7 s (1 s flame impingement, 45°) (Toys Regulations, section 32). • Small, Powerful Magnets – In Canada there is no specific regulatory requirement. The general prohibition for products that pose a danger to human health or safety is applied where a magnet or a magnetic component is loose or separable, small and powerful (Canada Consumer Product Safety Act, sections 7 & 8). Neck Bolts*: • Small Parts – Canada specifies that small separable parts are not allowed in toys likely to be used by children under 3 years of age (Toys Regulations, section 7). The same small parts cylinder is used on both sides of the border. Canada can apply a 4.45 N force to test if a small part can be totally enclosed in the cylinder. • Small, Powerful Magnets – In Canada there is no specific regulatory requirement. The general prohibition for products that pose a danger to human health or safety is applied where a magnet or a magnetic component is loose or separable, small and powerful (Canada Consumer Product Safety Act, sections 7 & 8).
  23. 23. WORKING TOGETHER 23
  24. 24. BILATERAL COOPERATION CANADA - US • Although requirements between Canada and the United States vary, we share the goal of safe products, including safer toys, in the North American market. • Wescheduleperiodiccallstoexchangetechnicalinformationandbestpractices. • Weworktogethertoshareinformationonnewhazardsandtodevelopproposalsfor risk mitigation (e.g. public education, regulationorstandardsdevelopment). • WeregularlyaligneffortstoannounceJointCanada-USRecalls(302bilateralrecalls between2009and2014). • TechnicalstafffrombothagenciesparticipateonASTMSubcommitteeF15.22onToy Safety(ASTMF963). 24
  25. 25. NORTH AMERICAN COOPERATION ON CONSUMER PRODUCT SAFETY • North America Free Trade Agreement has fostered the need for greater cooperation between Canada, United States, and Mexico. • In 2011 Health Canada, CPSC and Mexico’s Profeco established a mechanism for enhanced collaboration on consumer product safety at the first Consumer Product Safety Summit in Bethesda, Maryland. • The Cooperative Engagement Framework was updated and renewed at the second Consumer Product Safety Summit in Ottawa, Canada in 2013. • The Third North America Summit will be held in Mexico City, hosted by Profeco in 2015. 25
  26. 26. ACTIVITIES UNDER THE FRAMEWORK 1) Consumer Outreach • Coordinated joint consumer outreach activities and campaigns: – Campaign on Sports Safety timed with FIFA World Cup (2014); Poison Prevention (2013); Toy Safety (2014) 2) Industry Outreach • Joint presentations to highlight product safety requirements at key industry events – ICPHSO (2014); Las Vegas ABC Kids Fair (2014) 3) Utilization of the XRF (X-Ray Fluorescence) Analyzer • Sharing technical information on current practices, product analysis and reference levels for the XRF analyzer to screen for heavy metals in toys and children’s products 4) Customs Communications Work for Enforcement Purposes • Composed of product safety staff and customs officials • Identification of opportunities for enhanced communication, information sharing and actions related to potentially dangerous consumer products at points of entry for the three jurisdictions 5) Early Consultation Initiative 26
  27. 27. JOINT RECALLS: CRITERIA • Product sold in at least 2 or all 3 countries • Product must also be under the jurisdiction of all agencies • Corrective measures and customer support extended to customers in affected countries • Timing works for regulator and company • Have agreement from company to share all information with both jurisdictions early in the process • Recall is conducted voluntarily 27
  28. 28. 28 Joint RecallsJOINT RECALLS
  29. 29. Conclusion • Though consumer product safety requirements may vary, we share the goal of safe products in the North American market • We are working together to align where possible and collaborate on a range of activities, including recalls. 29
  30. 30. KEY RESOURCES Health Canada www.healthcanada.gc.ca/cps www.healthcanada.gc.ca/reportaproduct www.hc-sc.gc.ca/cps-spc/pubs/indust/index- eng.php www.hc-sc.gc.ca/ahc-asc/media/advisories- avis/index-eng.php Consumer Product Safety Commission www.cpsc.gov/BusinessEducation www.cpsc.gov/DesktopGuide www.cpsc.gov/Testing www.cpsc.gov/DurableInfantProducts 30
  31. 31. THANK YOU / MERCI Joanne Brathwaite Consumer Product Safety Program Health Canada cps-spc@hc-sc.gc.ca Neal S. Cohen Small Business Ombudsman U.S Consumer Product Safety Commission www.cpsc.gov/SmallBiz/Contact Health Canada United States Consumer Product Safety Commission 31

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