multi-jurisdiction recalls future of co-operation and inter-agency recalls
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Multi-Jurisdiction Recalls
Future of Co-operation And Inter-Agency Recalls
ƒKey U.S. Product Safety Regulations: CPSA, FHSA, PPPA, FFA, VGBPSSA, CGBPA, and RSAƒHealth 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 USAHealth Canada >> nationally in CanadaESA >> 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 saleProduct removalCorrective Action on Affected ProductDesign Change for Future StockInvestigate cause of problemCustomer supportCommunication 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 CooperationVarious 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 timingƒAgree to Joint Recall Posting (eg: HC-CPSC)ƒCPSC and HC have signed an MOU
Criteria for Cooperative Recalls
ESA-HC: ƒ Recalls for consumer electrical products.ƒ HC awaits posting by ESA (Lead Agency for electrical
consumer products)CPSC-HC:
ƒ Product sold in both countriesƒ Corrective measures and customer support extended to
customers in both countriesƒ Timing works for CPSC, HC & Companyƒ Have agreement from company to share all information
with both jurisdictions early in the process
Joint Health Canada- US CPSC Recall postingsAs of Sept 2009, 12 Joint HC-CPSC recalls postedFeatures: ƒ Agency Seal on header, banner indicate joint recall,
Media contacts for both agencies (on CPSC site)ƒ Numbers of product sold in each country, injuries and
incidents reported in each country, web links to each others' websites (on BOTH sites)
ƒ Advantages: 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
ƒ Initial contact made with Health Canada to confirm joint recall and company agreement to share information between HC and CPSC
ƒ Periodic updates between company, HC, and CPSC to determine case status and time frames
ƒ Draft press releases shared to ensure accuracy and consistency of language (Joint Header)
ƒ Date of release coordinated between HC, CPSC, and the company
ƒ Links placed on both HC and CPSC websites
DisclaimerDisclaimer
"This presentation has not been reviewed or approved by the Commission and may not reflect its views“ - US CPSC
ContactsContactsMarc Schoem, Office of Compliance and Field Operations, CPSCe-mail: [email protected]: (301) 504-7520
Normand Breton, Electrical Safety Authoritye-mail: [email protected]: 905-712-7813
Mark Veitch, National Coordination Division, HCe-mail: [email protected] tel: 613-952-5656