This news update featuring the three things to remember about the CCPSA is brought to you by Mondaq.
The summer of 2014 will mark the three year anniversary of Canada’s current consumer product safety regime. The Canada Consumer Product Safety Act (“CCPSA”) impacts manufacturers, importers/exporters, advertisers and sellers (at wholesale or retail) of consumer products.
We outline below three things to remember about the CCPSA.
The CCPSA implements prohibitions that impact manufacturers, distributors, importers, advertisers and retailers with respect to:
- The sale of specified products (for example baby bottles containing Bisphenol A);
- The manufacture, importation, advertisement or sale of consumer products that are dangerous to human health or safety or that are the subject of a recall; and
- The manufacture, importation, advertisement or sale of consumer products that do not comply with safety standards set in regulations to the CCPSA.
2.The Reporting Duties in the Event of an “Incident”
The CCPSA imposes very specific reporting obligations on manufacturers, importers and retailers when a product defect, labelling issue or other specified occurrence is discovered that is likely to result in death or serious adverse effects on health.
In very broad terms the following situations amount to an incident:
1. Occurrences in Canada or elsewhere that resulted or may reasonably have been expected to result in an individual’s death or in serious adverse effects on their health;
2. Product defects or characteristics that may result in serious adverse effects on health;
3. Incorrect or insufficient information on a label or in instructions that may result in serious adverse effects on health; or
4. A recall or measure that is initiated for human health or safety reasons, including an overseas recall or measure.
3.The Record Keeping Requirements
The CCPSA requires that documents be maintained in order to allow the movement of consumer products to be tracked throughout the supply chain. These documents must include:
- For retailers: the name and address of the person from whom they obtained the product and the location where and the period during which they sold the product; and
- For manufacturers, importers and distributors: the name and address of the person from whom they obtained the product or to whom they sold it, or both, as applicable.
For more information on the three things to remember about the CCPSA, please visit the Mondaq link above. Please contact Nexreg for Regulatory Services.