Multi-Jurisdiction Recalls Future of Co-operation And Inter-Agency Recalls.

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Presentation transcript:

Multi-Jurisdiction Recalls Future of Co-operation And Inter-Agency Recalls

ƒKey U.S. Product Safety Regulations: CPSA, FHSA, PPPA, FFA, VGBPSSA, CGBPA, and RSA ƒHealth Canada Product Safety Regulations: HPA, Food & Drug Act Cosmetics Regs, Department of Health Act ƒESA Product Safety Regulations: Electricity Act and Regs, Ontario Electrical Safety Code, Ontario Regulation 438/07, Product Safety Product Safety Regulations

Agency Powers ƒKey differences in Legislated Powers:  US CPSC has mandatory reporting requirement in USA, Monetary Penalty schedule  Health Canada does not have mandatory reporting requirement in Canada, uses Advisory as necessary  Electrical Safety Authority (ESA) has mandatory reporting requirement for electrical products sold in Ontario

Jurisdiction limits US CPSC >> nationally in USA Health Canada >> nationally in Canada ESA >> province of Ontario

Agency Responsibilities ƒKey differences in Product Categories regulated:  US CPSC responsible for consumer products, including ATV's and electrical products, excluding Cosmetics  Health Canada responsible for consumer products, DC powered electrical products and Cosmetics, excluding ATV's  Electrical Safety Authority (ESA) is responsible for all electrical products (consumer and industrial) except battery operated products used in non-hazardous locations.

What is a Recall? ƒAll recalls are voluntary and were posted with the consent of the company. These postings include the following actions:  Stop sale  Product removal  Corrective Action on Affected Product  Design Change for Future Stock  Investigate cause of problem  Customer support  Communication strategy

The ESA Definition of a Recall A ”Product Recall” is a request to return to the responsible party a batch or an entire production run of a product for disposition or rework in order to correct the safety issue. Other corrective actions, such as a retrofit or repair are considered a “Recall”. The “Recall” may involve product removal from further sale or use, or other corrective actions as well as public notifications.

Volumetrics Recalls are defined as stop sale + corrective action + publicity (minimum: posting to website) Recalls Posted in 2008 (calendar year) ƒ 439 posted by CPSC (131 Sold in Canada and USA) ƒ 244 posted by HC (113 Sold only in Canada) ƒ 55 posted by ESA (Sold in Canada and USA)

Levels of Inter-Agency Cooperation Various levels of cooperation: ƒRecall posted independent of other agencies (currently the majority) National: ƒAgree to post common message on multiple sites (eg: HC with ESA or TC) ƒESA and HC are presently negotiating an MOU International: ƒAgree to post common message and to synchronize timing ƒAgree to Joint Recall Posting (eg: HC-CPSC) ƒCPSC and HC have signed an MOU

Criteria for Cooperative Recalls ESA-HC: ƒRecalls for consumer electrical products. ƒHC awaits posting by ESA (Lead Agency for electrical consumer products) CPSC-HC: ƒProduct sold in both countries ƒCorrective measures and customer support extended to customers in both countries ƒTiming works for CPSC, HC & Company ƒHave agreement from company to share all information with both jurisdictions early in the process

Joint Health Canada- US CPSC Recall postings As of Sept 2009, 12 Joint HC-CPSC recalls posted Features: ƒAgency Seal on header, banner indicate joint recall, Media contacts for both agencies (on CPSC site) ƒNumbers of product sold in each country, injuries and incidents reported in each country, web links to each others' websites (on BOTH sites) ƒAdvantages: greater exposure in both countries in more languages (Spanish, French), reduction in burden and delays in negotiating + posting, synchronized time of posting with common message

CPSC Procedures for Joint Recalls ƒInitial contact made with Health Canada to confirm joint recall and company agreement to share information between HC and CPSC ƒPeriodic updates between company, HC, and CPSC to determine case status and time frames ƒDraft press releases shared to ensure accuracy and consistency of language (Joint Header) ƒDate of release coordinated between HC, CPSC, and the company ƒLinks placed on both HC and CPSC websites

Disclaimer "This presentation has not been reviewed or approved by the Commission and may not reflect its views “ - US CPSC

Contacts Marc Schoem, Office of Compliance and Field Operations, CPSC tel:(301) Normand Breton, Electrical Safety Authority tel: Mark Veitch, National Coordination Division, HC tel: