The Canada Consumer Product Safety Act (CCPSA) received Royal Assent in late 2010, and it will come into force on June 20, 2011.
The CCPSA reflects years of extensive consultations with a broad range of stakeholders, including industry representatives, consumer groups, children's organizations, standards development organizations, other levels of government and the general public.
The new law applies to a wide variety of consumer products including children's toys, household products and sporting goods, but excludes products like motor vehicles and their integral parts, food, drugs (including natural health products) and animals as these are regulated by other Canadian laws.
What are the key provisions of the new Canada Consumer Product Safety Act.
Reporting of Incidents: The Act requires industry to provide information to Health Canada and to the product's supplier (if applicable) concerning consumer product safety incidents or product defects that result, or could reasonably be expected to result, in death or harmful health effects. This "early warning" provision also applies to inadequate labelling or instructions that could lead to the same results, and to recall orders or other corrective measures initiated in other jurisdictions for human health or safety reasons.
Maintaining Records/Paperwork: So that unsafe products can be traced back to their source, the CCPSA requires those who manufacture, import, advertise, sell or test consumer products for commercial purposes to prepare and maintain certain documents. Normally, these records would already be part of regular business practice. For example, the CCPSA requires that a retailer document the name and address of the product's supplier, and the location and the period during which they sold the product (but not the name of the individual to whom the product was sold). These requirements are more detailed at higher levels of trade.
Information on Product Safety: Health Canada can require manufacturers or importers to provide or obtain safety information - including studies or tests - that indicate whether a consumer product meets the requirements of the CCPSA.
General Prohibition: Under the Act, there are prohibitions related to the manufacture, importation, sale or advertisement of consumer products that could pose an unreasonable danger to the health or safety of Canadians.
Packaging and Labelling: Under the CCPSA there are prohibitions related to the packaging, labelling or advertisement of a consumer product in a manner that is false, misleading or deceptive in respect of its safety.
Health Canada is preparing to implement the Act and is consulting Canadians as guidance is developed that will assist industry in complying with the new requirements.
More informations: http://www.hc-sc.gc.ca/cps-spc/legislation/acts-lois/ccpsa-lcspc/index-eng.php
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