The document provides an overview of consumer product safety regulations in North America, focusing on children's products and the collaboration between Canada, the U.S., and Mexico in ensuring compliance and safety. It details the responsibilities of manufacturers and importers regarding product testing, certification, labeling, and reporting obligations in the event of safety incidents. The emphasis is on fostering cooperation among regulators to enhance product safety and streamline compliance across borders, particularly through joint recalls.

1. What Businesses Need to Know About
Product Safety in North America:
Regulations, Recalls, and Best Practices
for Children’s Products
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, HEALTH CANADA,
OR PROFECO.

2. Today’s Presentation
• Provide an overview of consumer product safety
legislation and authorities in the three jurisdictions
• Highlight similarities and differences in requirements
for industry, using strollers as a case study
• Outline the benefits of joint recalls to encourage
industry to engage with the North American
Regulators simultaneously
2

3. Health Canada
United States
Consumer Product
Safety Commission
Mexico
MISSION STATEMENTS
PRODUCT SAFETY: NORTH AMERICA
The mission of Health Canada (HC)’s Consumer Product
Safety Program is to identify, assess, manage and
communicate health or safety risks to Canadians,
associated with consumer products and cosmetics.
Protecting the public against unreasonable risks of injury
from consumer products through education, safety
standards activities, regulation, and enforcement.
Protect and promote the rights of consumers, ensuring
fair trade relationships that strengthen the culture of
responsible consumption and access to better market
products and services, ensuring certainty, legality and
legal security within the normative framework of human
rights recognized for the consumer.
3

4. IMPORTANCE OF NORTH AMERICAN MARKETS
PRODUCT SAFETY: NORTH AMERICA
4
The North American Free Trade Agreement has led to integrated markets and
enhanced trade among Canada, United States, and Mexico.
In 2012, Canada imported over $68 billion (USD) worth of consumer products
from the United States and $6 billion (USD) from Mexico.
• $960 million (USD) in Toys from the United States.
• $146 million (USD) in Toys from Mexico.
The United States imported more than $81 billion (USD) worth of consumer
products from the Mexico in 2012 and over $38 billion (USD) from Canada:
• The United States imported $605 million (USD) worth of Toys, Games, &
Children’s Vehicles from Mexico in 2012.
• The United States imported $200 million (USD) worth of Toys, Games, &
Children’s Vehicles from Canada in 2012.
• Mexico imports $199 million (USD) in Toys from United States of America.
• Mexico imports $18 million (USD) in Toys from Canada.
(Sources: OECD, CPSC, INEGI. Due to different sources & product coding, figures may not correlate
exactly.)

5. WHAT ARE WE TRYING TO ACCOMPLISH?
PRODUCT SAFETY: NORTH AMERICA
Increasing integration of the North American market is driving
greater cooperation among consumer product safety regulators.
All three countries are working to:
• Enhance and maintain ongoing communication, cooperation, and
information exchange between North American regulators, including
consultations on proposed regulations and voluntary standards.
• Increase cooperation on product recalls.
• Enhance cooperation on industry training and outreach within North
America.
5

6. Consumer Product Safety
Legislation in North America
6

7. KEY LEGISLATION
Canada Consumer Product Safety Act (CCPSA)
• Addresses or prevents 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
• Onus is on suppliers to ensure products they bring to market
comply with the Act and 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
7

8. KEY POWERS AVAILABLE TO HC
• Seize product, documents or materials
• Require tests and studies necessary to verify
compliance or prevent non-compliance
• Order suppliers to carry out recalls and to take other
corrective actions
• Fines and Administrative monetary penalties scheme
(AMPS)
• Disclose personal or business information necessary to
identify or address a serious danger to human health or
safety
• Issue public communications
8

9. 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. 9

10. 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.
10

11. KEY LEGISLATION
FEDERAL CONSUMER PROTECTION LAW
Federal Law on Metrology and Standardization
Federal Law for Public Service
Customs Law
• Onus on suppliers to ensure products they bring to market comply with the Act
and regulations.
• Modern tools to strengthen protection of human health and safety:
• regulates the manufacture, import, sale and advertisement of all consumer
products.
• expands the definition of “consumer product”:
• including its components, parts or accessories,
• reasonably be expected to be obtained by an individual to be used for
non-commercial purposes,
• domestic, recreational and sports products
• includes its packaging.
11

12. KEY POWERS AVAILABLE TO PROFECO
• Seize product, documents or materials
• Order corrective measures (e.g. stop importation)
• Order recall
• Carry out recalls and/or corrective measures (on behalf
of company)
• Issue Notices of Violation (AMPs)
• Issue public communications
• Investigation for prosecution
• Apply for Injunction – by authority of Magistrate
12

13. Regulations, Best Practices, and
Recalls for Children’s Products
13

14. FOCUS ON CHILDREN’S PRODUCTS
Most frequently notified products (Summarized)
35.3
10.5
16.0
7.8
34.9
10.3 9.5
10.7
34.6
9.0
12.1
9.6
40.0
35.0
30.0
25.0
20.0
15.0
10.0
5.0
0.0
Children Products Electrical appliances Motor vehicles Adult clothing, textiles
Percentage of total alerts
2011
2012
2013
www.oas.org/rcss

15. PREMARKET REQUIREMENTS (CHILDREN’S PRODUCTS)
PRODUCT SAFETY: NORTH AMERICA
Canada
United States
Mexico
Identify requirements (physical, mechanical, chemical) and
conduct testing to demonstrate compliance.
Identify requirements (physical, mechanical, chemical), conduct
third party laboratory testing, issue children’s product certificate
(CPC), affix permanent tracking marks on product and
packaging. Durable infant and nursery products require product
registration cards.
Identify requirements (physical, mechanical, chemical)
Third party laboratory testing and certification in several
products such as:
• Electric and electronics products (including toys)
• Electric and electronic artifacts
• Children products (strollers, baby walkers and playing yards)
15

16. SAMPLE: STROLLERS
PRODUCT SAFETY: NORTH AMERICA
Full-size Stroller Umbrella Stroller Travel System Carriage
16
Tandem Stroller Side-by-Side
Stroller
Multi-Occupant stroller Jogging stroller

17. PREMARKET REQUIREMENTS – CHEMICAL
PRODUCT SAFETY: NORTH AMERICA
Canada
United States
Mexico
Carriages and Strollers Regulations (Physical &
Mechanical, Surface Coatings, Flammability)
Phthalates Regulations (Vinyl)
15 USC Section 1278a (Lead Content)
16 CFR Part 1303 (Lead in Paint and Surface Coatings)
NOM-252-SSA-1.- Limits on heavy metals and small
parts in toys
17

18. PREMARKET REQUIREMENTS – PHYSICAL & MECHANICAL
PRODUCT SAFETY: NORTH AMERICA
Canada
United States
Mexico
Carriages and Strollers Regulations (Physical &
Mechanical, Surface Coatings, Flammability)
16 CFR Part 1227 (Strollers) (Effective 9/10/2015)
Based on ASTM 833-13b with modifications
16 CFR Part 1303 (Small Parts) (Part of 16 CFR 1227
upon effective date.)
NOM-133/1-2-3 from SCFI.- Infant Products – Baby
Walkers, Strollers, and Portable Playground
18

19. PREMARKET REQUIREMENTS – TESTING REQUIREMENTS
PRODUCT SAFETY: NORTH AMERICA
Canada
United States
Mexico
Suppliers are responsible to ensure their products do not pose a danger to human
health or safety. There are no specific certification requirements, but there are
recommended practices:
• Testing should be completed on a representative sample
• Preferably use an accredited ISO 17025 laboratory
Initial Certification Testing: Children’s products must be tested for compliance at
CPSC-accepted laboratories.
Periodic Testing: Children’s products with continuing production must be retested
and recertified at a minimum of once every year, except for those manufacturers
conducting additional production testing. 16 CFR Part 1107.
Material Change Testing: Material changes require a retest of the product or of
the component part that was changed.
Batch Certification
Initial Certification Testing and Follow Up Testing (1 year). An importer to Mexico
can summit laboratory testing results completed outside from Mexican territory to
the authorities (Secretary of Economy) for possible recognition.
Certification for production line (3 years); Certification by fabric (3 years)
19

20. PREMARKET REQUIREMENTS – STROLLER LABELING REQUIREMENTS*
PRODUCT SAFETY: NORTH AMERICA
Canada
United States
Mexico
The following information must be permanently affixed to the stroller, in English and French:
1. Name and place of business in Canada of manufacturer or importer;
2. Model name or number;
3. Date of manufacture (year and month);
4. Warning statements about the assembly instructions, proper use of products and other
statements specified in the Carriages and Strollers Regulations.
Every product shall bear or be accompanied by legible written assembly instructions, in English
and French, with line drawings or photographs to illustrate the sequence of steps where needed.
The following information must be permanently marked on the stroller and its packaging (ASTM
833-13B):
WARNING Never leave child unattended
WARNING Avoid serious injury from falling or sliding out. Always use seat belt
WARNING Child may slip into leg openings and strangle.
Never use in reclined carriage position(s) unless (manufacturer to insert product specific
instructions). ( This warning is not required on units that do not have openings or that
automatically reduce the size of all openings.)
Products with a removable-wheel fork assembly shall contain additional warning statements and
symbols.
NOM-050-SCFI - Información Comercial – Etiquetado General de Productos – General
Labeling for Consumer Products
Warning statements for use and special precautions
*This list is only a sample and it is not comprehensive. 20

21. PREMARKET REQUIREMENTS – GENERAL LABELING REQUIREMENTS
PRODUCT SAFETY: NORTH AMERICA
Canada
United States
Mexico
Under the CCPSA, there are prohibitions related to the packaging labeling
or advertisement of a consumer product in a manner that is false,
misleading or deceptive in respect of its safety or its compliance with a
safety standard or the regulations.
Permanent Tracking Label: The manufacturer must permanently affix
distinguishing information (generally referred to as “tracking labels”) to
the children’s product and its packaging.
Product Registration On-Product Marking: (Durable infant and toddler
products only.) The manufacturer must permanently place the
manufacturer name and contact information, model name and number,
and the date of manufacture on each product.
Information may be combined on a single label.
NOM-050-SCFI - Información Comercial – Etiquetado General de
Productos – General Labeling for Consumer Products
Warning statements for use and special precautions
21

22. SALES REQUIREMENTS
PRODUCT SAFETY: NORTH AMERICA
Canada
United States
Mexico
The person responsible (manufacturer or importer) must keep documents
that show that a stroller meets the requirements of the Regulations, for a
period of at least three years after the date of its manufacture in Canada
or the date of its importation. The person responsible must provide an
inspector with any documents that the inspector requests in writing,
within 15 days after receipt of the request.
Manufacturers and importers must furnish a “Children’s Product
Certificate” (CPC) to retailers & distributors. CPCs must also accompany
the applicable product or product shipment. (This can be a website URL
on a document.)
Durable infant & toddler products, like strollers, must have postage pre-paid
product registration cards affixed to the product for the consumer &
maintain in a separate database in case of recalls.
Manufacturers and importers must furnish a “Product Certificate for
Strollers” to retailers & distributors. The certificate must also accompany
the applicable product or product shipment. (This can be a website URL
on a document.)
22

23. POST-SALES REQUIREMENTS
REPORTING OBLIGATIONS
Canada
United States
Mexico
Companies must report to Health Canada within two days after becoming aware of an
incident related to their consumer product. An incident is:
1. an actual or potential death or serious adverse health effect
2. a defect that resulted in an actual or potential death or serious adverse health effect
3. incorrect or insufficient information on a label or instructions that resulted in an actual or
potential death or serious adverse health effect
4. a recall of the product in another jurisdiction.
Manufacturers and importers must submit an additional report within ten days.
www.healthcanada.gc.ca/reportaproduct
Companies must fully and immediately report information re: (i) a defective product
that could create a substantial risk of injury to consumers; (ii) a product that creates an
unreasonable risk of serious injury or death; (iii) a product that fails to comply with an
applicable consumer product safety rule; (iv) certain choking incidents and (v) certain
lawsuits. Full details at: www.cpsc.gov/reporting
There is no specific obligation to report an incident to Profeco, but legal authorities
advise doing so as a proactive measure to reduce risks in case of any legal process
brought against a company for any injury or death caused by the product. To contact
authorities and/or to report any potential risk: http://www.alertas.gob.mx/ .
23

24. RECALLS
PRODUCT SAFETY: NORTH AMERICA
Canada
United States
Mexico
Recall is a corrective measure that is used to communicate the danger to human
health or safety posed by a consumer product. It accomplishes two tasks:
• communicates the danger related to a product to consumers who may possess it; and
• informs consumer about what, if any, corrective measures are available that either bring
the product into compliance or reduce/remove the danger to human health or safety,
posed by the product to consumers.
May lead to recall-related activities such as recall monitoring.
www.hc-sc.gc.ca/ahc-asc/media/advisories-avis/index-eng.php
A typical corrective action plan (CAP) agreement outlines:
• a comprehensive communication plan (consumer notification),
• the remedy to be implemented (repair/replace/refund/ warn), and
• specifies a recall monitoring plan and specific steps to take to dispose of or repair
the products. www.cpsc.gov/recallguidance
Mutual agreement between Profeco and the responsible party to communicate the
danger of a product and the process to recall it from the market or consumers who
posses it, in order to repair, replace or refund.
Specifies a recall monitoring plan and specific steps to take to dispose of or to repair
the products. http://www.profeco.gob.mx/verificacion/alertas_nvo.asp
24

25. Joint Recalls
25

26. JOINT RECALLS: CRITERIA
• Product sold in at least 2 or all 3 countries
• Product must also be under the jurisdiction
of both agencies
• Corrective measures and customer support
extended to customers in affected countries
• Timing works for regulator & company
• Have agreement from company to share all
information with both jurisdictions early in
the process
• Recall is conducted voluntarily
26

27. 27
JJoOiInNtT RReEcCaAlLlLsS

28. 28
JJoOiInNtT RReEcCaAlLlLsS

29. CONCLUSION
• Although consumer product safety requirements
may vary, we share the goal of safe products in the
North American market.
• Greater cooperation between regulators and
industry can help to ensure the efficient flow of
goods between jurisdictions while respecting
product safety requirements.
• Joint recalls present an opportunity for industry to
efficiently address one of the requirements in each
jurisdiction with minimal additional efforts.
29

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
Profeco
www.profeco.gob.mx
www.profeco.gob.mx/Servicios/tel_cons.as
www.profeco.gob.mx/verificacion/est_comer.asp
www.profeco.gob.mx/verificacion/laboratorio.asp
Mexico

31. Thank You / Merci / Gracias
Panelists:
Sonia Douglas
Consumer Product Safety Program
Health Canada
cps-spc@hc-sc.gc.ca
Neal S. Cohen
Small Business Ombudsman
U.S Consumer Product Safety Commission
ncohen@cpsc.gov @CPSCSmallBiz
Agustín Adame
Subprocuraduría de Verificación
Profeco
aadames@profeco.gob.mx
Health Canada
United States
Consumer Product
Safety Commission
Mexico