International Panel-2012Safety Academy

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Mr. Zhou Shenghe AQSIQ

Mr. Alfredo Lobo INMETRO

Mr. James Van Loon Health Canada

Mr. Dean W. Woodard U.S. CPSC

Canada Consumer Product Safety Act (CCPSA)

Presentation to the CPSC Safety Academy

James Van Loon, Director, Risk Management Bureau Consumer Product Safety Directorate

Sept 20, 2012

• Governs a post market regime to address/prevent dangers to human health or safety that are posed by consumer products

• Defines consumer products as products (including components, parts, accessories, packaging) that may reasonably be expected to be obtained by an individual to be used for non-commercial purposes.• Does not apply to certain products that are addressed by other legislation, such as: explosives,

cosmetics, drugs, food, medical devices, vehicles.

• Contains a “General Prohibition” related to the manufacture, importation, sale or advertisement of consumer products that could pose an unreasonable danger to the health or safety of Canadians.

• Outlines inspector powers, powers to order a recall and other corrective measures.

• Fines and penalties including an administrative monetary penalties scheme (AMPs).

Canada Consumer Product Safety Act (CCPSA)

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• Governs a post market regime to address/prevent dangers to human health or safety that are posed by consumer products

• Defines consumer products as products (including components, parts, accessories, packaging) that may reasonably be expected to be obtained by an individual to be used for non-commercial purposes.• Does not apply to certain products that are addressed by other legislation, such as: explosives,

cosmetics, drugs, food, medical devices, vehicles.

• Contains a “General Prohibition” related to the manufacture, importation, sale or advertisement of consumer products that could pose an unreasonable danger to the health or safety of Canadians.

• Outlines inspector powers, powers to order a recall and other corrective measures.

• Fines and penalties including an administrative monetary penalties scheme (AMPs).

Canada Consumer Product Safety Act (CCPSA)

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CCPSA Provisions for Industry Data and Documentation

1. Ability to require tests and studies to verify compliance or prevent non-compliance.

2. Record-keeping requirements by industry to allow traceability in the event of a recall (e.g. name and address of person from whom the product was obtained and date product was sold)

3. Mandatory reporting by industry of “incidents” with their products (including near misses)• A reportable incident may be:

• a serious injury or death resulting from an unreasonable hazard posed by the normal or foreseeable use of the product or the foreseeable misuse of the product,

• a defect or incorrect labelling that may result in serious injury or death, or

• a recall or other measure in another jurisdiction.

• Industry must provide information within 2 days to Health Canada and the person from whom they received the consumer product regarding an incident upon learning of the event.

• Importers or manufacturers must also provide a written report within 10 days after the day on which they become aware of an incident to Health Canada

• Other documentation requirements are specified in regulations.

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Regulations

• Asbestos Products • Candles • Carbonated Beverage

Glass Containers • Carpets• Carriages and Strollers • Cellulose Insulation• Charcoal • Children’s Jewellery • Children’s Sleepwear • Consumer Chemicals and

Containers • Consumer Products

Containing Lead (Contact with Mouth)

• Corded Window Covering Products

• Cribs, Cradles and Bassinets

• Face Protectors for Ice Hockey and Box Lacrosse Players

• Glass Doors and Enclosures

• Glazed Ceramics and Glassware

• Expansion Gates and Expandable Enclosures

• Ice Hockey Helmets• Infant Feeding Bottle

Nipples• Kettles• Lighters • Matches

• Mattresses• Pacifiers• Phthalates • Playpens • Residential Detectors • Restraint Systems and

Booster Seats for Motor Vehicles

• Science Education Sets • Surface Coating Materials • Tents• Textile Flammability • Toys

CCPSA also has regulation-making authorities which set out mandatory requirements for specific products:

Links to the CCPSA and its regulations can be found at www.health.gc.ca/ccpsa

Voluntary Standards

• Standards for consumer products are often used where there may be regulatory gaps (i.e. magnets in toys)

• The use of internationally-recognized standards help reduce industry burden, as well as trade barriers

• CCPSA’s Regulation-making authority allows for incorporation by reference of standards

• Active participation from Health Canada staff within standards organizations to keep abreast of upcoming changes as well as make our position known to manufacturers and other jurisdictions

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• CCPSA General Prohibition; regulatory, policy and standards development;

• Enforcement powers under the CCPSA: inspection, sampling and testing, orders, prosecution, administrative monetary penalty system (AMPS)

• Compliance, enforcement and education activities, such as regular market surveys for regulated products, compliance promotion, etc. • Inspectors are designated under the Act. Visit all levels and sizes of trade

to verify compliance and prevent non-compliance. They also liaise with border agents and inspect products at ports of entry into Canada.

• Inspectors have powers to :• Examine products and records, take samples, photographs and copies of documents. • Start or stop any activity during the inspection.• Quarantine product while verifying product.• Seize product and other related-material and secure it on or off-site.

Managing Risk under the CCPSA

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Response to Non-Compliance

• Request voluntary measures• Verify corrective measures• Seize

product/documents/materials• Order recall and corrective

measures• Issue notices of violation • AMPS (pending)• Carry out recalls/corrective

measures• Apply for injunction• Investigate and prosecute

Enforcement Considerations

• Risk to health and safety. • Likelihood that the same problem

will reoccur.• Compliance history of the

enterprise.• Whether the enterprise acted with

indifference or premeditation.• Degree of cooperation offered by

the enterprise.• Deterrence

Risk Management

Risk Management – Compliance Promotion

Visitwww.health.gc.ca/ccpsa

• Contains general information on CCPSA and Guidance documents outlining technical requirements for specific products

• Regional inspectors can provide assistance in understanding the requirements at

1-866-662-0666

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Thank you

Consumer Product Safety Directorate: www.health.gc.ca/productsafety or www.health.gc.ca/ccpsa

CCPSA General Enquires: CCPSA-LCSPC@hc-sc.gc.ca

or 1-866-662-0666Incident Reports: www.health.gc.ca/reportaproduct

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CPSC

Brazilian Toys Certification Program

Consumer Product Safety Commission - CPSC

Alfredo LoboQuality DirectorInmetro, Brazil

Washington, September/2012

CPSC

Brazilian Toys Certification Program

Consumer Product Safety Commission - CPSC

Alfredo LoboQuality DirectorInmetro, Brazil

Washington, September/2012

CPSC

Brazilian Toys Certification Program

Consumer Product Safety Commission - CPSC

Alfredo LoboQuality DirectorInmetro, Brazil

Washington, September/2012

CPSC

Brazilian Toys Certification Program

Consumer Product Safety Commission - CPSC

Alfredo LoboQuality DirectorInmetro, Brazil

Washington, September/2012

CPSC

To provide a general overview on the Brazilian toy sector, focusing on the Product Certification Program, and also to present our expectations related to changes that we will do in 2013.

Objective

CPSC

Some Information and data about Brazil

• Population: 192 Million

• Surface: 8,5 Million Km2

• Gross Domestic Product – GDP: 2,48 Trillion of US$

CPSC

About INMETRO, the National Institute of Metrology, Quality and Technology

• Mission: To provide confidence in measurements and products• Federal Autarchy, under the Ministry of Development, Industry

and Trade• Executive Secretariat of the Brazilian System on Conformity

Assessment• Regulatory authority, including toys sector• Employees: 2.100, being 216 Ph.Ds.• Budget: 350 Million US$

CPSC

Main Activities

Scientific and Industrial Metrology

Legal Metrology

Conformity Assessment

Accreditation of Certification & Inspection Bodies and Testing &

Calibration Laboratories

Enquiry Point for the Agreement on Technical Barriers to Trade

(WTO)

Innovation & Knowledge Diffusion

CPSC

The toys sector in BRAZIL

• Sold units, 2012 (estimated): 170 million

• Sales volume, retail price 2012: US$ 3,8 billion

• Imported toys participation 2012: 45%

• Number of manufacturers in Brazil: 523

• Number of certification organisms accredited by Inmetro: 5

• Number of certified toys sold since implementation: 3 billion

CPSC

Toys Certification Program in BRAZIL (background)

• Launched in 1998, in a standard basis of the Brazilian Association of Technical Standards, as well as a Inmetro Standard.

• Revised in 2005, by means of Inmetro Regulation informing that the certification must be done in Mercosur Technical Regulation basis.

• Revised in 2007, keeping the Mercosur regulation basis, however, adopting the Conformity Assessment Procedure established by Inmetro, due to the world crisis of the toy sector.

• In 2009 it was launched a new Conformity Assessment Procedure established by Inmetro, with the Mercosur regulation kept as toy assessment basis.

• At the beginning of 2013 we will do new changes in the Conformity Assessment Procedure.

CPSC

Current Conformity Assessment Procedure• Optional use of the Model 7 (batch testing) or the Model 5 (assessment

of the Quality Management System and toy type testing), applied to domestic and imported toys.

• Adoption of Model 4 (certification based on type testing, followed by assessment in samples collected from the market and from the manufacturer), applied only to craftsman or SME. The testing must be done in each toy model.

• Acceptance of testing results from foreign laboratories, conditioned to Inmetro’s accreditation or ILAC accreditator member, except to certification on Model 7 (batch testing) – in which case the laboratory must be accredited by Inmetro.

• In Model 5, the frequency of evaluations differ based on the performance of the certificator, which may vary among 4, 8 or 12 months.

CPSC

4 4 4 4 4 4 t (month)

C?C? C? C?

No

Yes Yes

No

Yes

No

Initial Certification

First Maintennance Certification

Certification Model 5 - frequency of tests

CPSC

Current Main Tests Applied

• Mechanical and physical tests

• Chemical tests

• Flammability tests

• Electrical tests

• Toxicity tests

• Phthalates tests

CPSC

About Market Surveillance

• Inspection • Last year actions: 49.165• Non conformities: 1,78 %

• Picked up samples from market (2012)

• Tested: 30 models• Non conformities: 11% (of the tests)

CPSC

• Definition of essential tests that will be applied to all models of a family• Toys will be grouped by family. Considering 10 models toys per family

maximum• Even manufacturers that have ISO 9001 certification, will undergo auditing of

the quality management system, at least some items• Specific evaluation criteria to SME and craftsman.• New rules framing toy (collectible toys)• New definition of labelling with respect to:

• Safety• Age group• Risks of use

• Inmetro (regulator), ABNT (brazilian standardization body) and Abrinq (brazilian toys manufacturer association) support the initiative for the international standard development on toy safety.

Main changes we are doing in our regulation for toys certification.

CPSC

Thanks

• Contacts

Phones: + 55 (21) 32161013 / + 55 (21) 32161015

E-mail: dqual@inmetro.gov.br

•Inmetro Additional contact points

Call center - Consumer Service: Toll Free: 0800 285 1818

E-mail services for Society:

ask Inmetro – pergunte@inmetro.gov.br

ouvidoria@inmetro.gov.br

•Websites: www.inmetro.gov.br and www.portaldoconsumidor.gov.br

China’s Inspection and Supervision System on Consumer Products

By Shenghe Zhou

Economic and Commercial Office of The People’s Republic of China

Zhoush@aqsiq.gov.cn

China’s Inspection and Supervision System on Consumer Products

I. Laws and RegulationsII. Law enforcementIII. Shared responsibilities

I. Laws and Regulations

1. The Law of PR.C. on Import and Export Commodity Inspection

2. Regulations for the Implementation of the Commodity Inspection of Law

3. Special Regulations of the State Council on Supervision over Product Safety

4. The Law of P.R.C. on Product Quality5. Others

II. Law Enforcement

1. Mandatory Inspection2. Snap Inspection3. Classified Management of Export Enterprises4. Surveillance on Key Export Consumer

Products

1. Mandatory Inspection

A. Import and Export Catalogue subject to mandatory inspection: according to the commodity inspection law, all import and export products under the import and export catalogue shall be subject to mandatory inspection enforced by local inspection and quarantine bureau under AQSIQ.

1. Mandatory Inspection

B. Mandatory inspection on export products procedures

Step 1 Exporter’s application for inspection on the shipment to local CIQs.

Step 2 Local CIQs review the application and take samples from the shipment for testing according to technical requirements of import country.

Step 3 Export products are allowed for export or rejected according to the test results.

2. Snap Inspection

In accordance with laws and regulations, Local CIQs undertake snap inspection on import products and export products on a regular basis in order to ensure the compliance of import and export products with the laws and regulations.

3. Classified Management on export enterprises

A. Enterprise Classification: Enterprises are classified into four types:

1) excellent2) good3) average4) below average

3. Classified Management on export enterprises

A. Enterprise Classification: Important elements of classification

1) credit of the manufacturer2) quality assurance capability3) product quality data4) risk rating of the product

3. Classified Management on export enterprises

B. Risk ratings of export products1) high risk (special supervision)2) relatively high risk (normal supervision)3) normal risk (verification)

3. Classified Management on export enterprises

C. modes of surveillance:1) Special surveillance (overall inspection)2) Close surveillance (batch to batch inspection)3) General surveillance (selected batch

inspection)4) Verified surveillance (documents verification

& possible batch inspection)5) Credit surveillance (routine supervision)

4. Surveillance on Key Export Consumer Products

As to the consumer products with high risk and potential hazards, AQSIQ launches key surveillance on them based on findings.

A. Administrative rules for inspection and supervision on import and export toys

B. Work procedures for inspection and supervision on import and export food contact materials

III. Shared Responsibilities

To ensure safety of consumer products, we need all the relevant parties including government regulators, importers, exporters, enterprises, as well as other stakeholders join hands to undertake everyone’s responsibilities and play its role in the whole chain from factory to home. Good cooperation among regulators, importers and exporters, as well as other stakeholders always deliver win-win-wins,…

III. Shared Responsibilities

A. Cooperation among regulators: dialogues, meetings, technical discussions, workshops promote and facilitate understanding and mutual confidence.

B. Cooperation among importers and exporters: providing with sufficient laws and standards, technical requirements, specifications and designs in detail, verification help and ensure safety and quality of consumer products.

China’s Inspection and Supervision System on Consumer Products

Thank you!

Consumer Product Safety Commission

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Mr. Dean W. Woodard U.S. CPSC Director Office of Education, Global Outreach, and Small Business Ombudsman

dwoodard@cpsc.gov business@cpsc.gov