Toy Safety in Canada and the United States: Regulatory Overview, Updates, and Cooperation

1. Toy Safety in Canada and the United
States
Regulatory Overview, Updates, and
Cooperation
Note: Presentation Available for Download: www.slideshare.net/USCPSC
VIEWS EXPRESSED IN THIS PRESENTATION ARE THOSE OF THE STAFF AND DO NOT NECESSARILY REPRESENT THE VIEWS OF THE COMMISSION OR HEALTH
CANADA.

2. TODAY’S PRESENTATION
• Provide an overview of consumer product safety legislation
and authorities in both jurisdictions
• Provide brief highlights of what’s new at CPSC and Health
Canada
• Review key requirements for industry
• Highlight regulatory cooperation initiatives in North America
2

3. CONSUMER PRODUCT SAFETY
LEGISLATION IN CANADA AND THE
UNITED STATES
3

4. KEY LEGISLATION
Canada Consumer Product Safety Act (CCPSA)
• Addresses dangers to human health or safety that are posed by
consumer products in Canada, including those that circulate within
Canada and those that are imported.
• “General Prohibition” against the supply of consumer products that pose a
danger to human health or safety
• 35 regulations, including several relevant to toys
• No premarket certification requirements under CCPSA
• Onus is on suppliers to ensure products they bring to market comply
with the Act and its regulations.
• Establishes responsibilities for manufacturers, importers, advertisers,
and retailers of consumer products, including:
• Mandatory Incident Reporting
• Record-keeping to allow traceability of products within the distribution
chain 4

5. KEY POWERS AVAILABLE TO HEALTH CANADA
• Issue public communications
• Order suppliers to conduct tests or studies on a product to
verify compliance
• Order suppliers to stop manufacturing, importation, sale, etc.
of a product
• Order suppliers to carry out recalls and to take other
corrective actions
• Prosecute criminal offences or apply Administrative Monetary
Penalties
• Seize product, documents or materials
• Disclose personal or business information necessary to
identify or address a serious danger to human health or safety
5

6. KEY LEGISLATION
Consumer Product Safety Act (CPSA)
• Manufacturers and importers must third party test and certify
children’s products to ensure products they bring to market
comply with the Act and regulations.
• Industry self-reporting through Section 15.
Federal Hazardous Substances Act (FHSA)
• Requires precautionary labeling on the immediate container of
hazardous household products to help consumers safely store and
use those products and to give them information about immediate
first aid steps to take if an accident happens.
• Bans certain products that are so dangerous or the nature of the
hazard is such that the labeling the act requires is not adequate to
protect consumers. 6

7. KEY POWERS AVAILABLE TO CPSC
• Order a manufacturer to cease distribution, repair,
replace, or refund the purchase price of a product
• Seize and destroy product at the port of entry
• Issue public communications and warnings re: a
product and a recall/corrective action plan
• Investigate for civil and criminal penalties for failure to
report in a timely and adequate manner; other
violations
• Injunctive relief
• Above can be via court or administrative proceedings or
voluntary, in cooperation with the manufacturer.
7

8. WHAT’S NEW?
8

9. WHAT’S NEW AT HEALTH CANADA
• In April 2014, Health Canada’s Minister announced its Regulatory Transparency
and Openness Framework.
• An Action Plan for 2014-2015 is featured on the Health Canada website and
includes 15 activities that focus on providing timely, credible and
understandable health and safety information. Consumer Product Safety
Program related activities under the action plan of interest to business include:
– Posting the Consumer Product Safety Risk Assessment Framework
– Posting Quarterly Consumer Product Safety Incident Report Summaries
– Posting Consumer Product Enforcement Summary Reports
• The website features a feedback button for Canadians and stakeholders to
submit their comments pertaining to transparency and openness.
• Health Canada has committed to reporting annually on what is achieved in each
fiscal year.
9

10. WHAT’S NEW AT HEALTH CANADA
• On April 3, 2014, Health Canada published regulations amending
Schedule 2 to the Canada Consumer Product Safety Act (CCPSA) to
prohibit tris (2-chloroethyl) phosphate (TCEP) in certain products.
• As per item 16, Schedule 2 to the CCPSA, products that are made, in
whole or in part, of polyurethane foam that contains TCEP and that are
intended for a child under three years of age are prohibited.
• This prohibition came into force on October 23, 2014.
10

11. WHAT’S NEW AT CPSC
• Prohibition of Children's Toys and Child Care
Articles Containing Specified Phthalates (Proposed)
– Proposes banning 5 phthalates in addition to phthalates
already banned in CPSIA in concentrations greater than
0.1%
• Potential Ways to Reduce Third Party Testing Costs
Consistent with Assuring Compliance
– $1M being spent in 2015
• Study on HDXRF testing for heavy metals in toys to
lower testing costs
• Proposed Rule on Certificates of Compliance
• Prior Violations List: www.cpsc.gov/violations 11

12. REQUIREMENTS IN CANADA AND THE
UNITED STATES
12

13. CANADIAN SAFETY REQUIREMENTS FOR
CHILDREN’S TOYS
• The main regulation in Canada is the Toys Regulations (SOR/2011-17)
- The Toys Regulations is the new title for the previous Hazardous
Products (Toys) Regulations that were in place from 1970 to 2011 under
the Hazardous Products Act.
• The Toys Regulations set out mandatory safety requirements that address a wide
range of mechanical, flammability, toxicological, electrical, thermal and other
hazards associated with children’s toys (http://laws-
lois.justice.gc.ca/eng/regulations/SOR-2011-17/index.html).
• Several other regulations under the CCPSA may also apply to a specific toy,
depending on the toy’s design, construction, contents and, in some cases, how it
is marketed.
13

14. TESTING TOYS FOR SAFETY - CANADA
• In Canada, provincial and territorial legislation requires that electric toys must bear
a compliance certification mark from a certification body accredited by the
Standards Council of Canada.
- The certification mark indicates that the toy has been tested and meets all
relevant requirements under the Canadian Electrical Code.
• No other test or certification requirements are mandatory under the CCPSA for
toys.
• However, testing a toy against the requirements under the CCPSA is the only way to
verify compliance.
• Health Canada urges industry members to complete compliance testing before a toy
is placed on the market in Canada.
• Instructions for obtaining Health Canada’s test methods:
www.hc-sc.gc.ca/cps-spc/prod-test-essai/index-eng.php
14

15. TOY SAFETY – HEALTH CANADA ENFORCEMENT
• Health Canada carries out regular compliance and enforcement
projects where toys on the Canadian market are sampled and
reviewed.
• Suppliers can be asked to provide product tests or studies to verify
compliance.
• Health Canada may conduct compliance testing.
• Health Canada investigates complaints and incident reports
related to toy safety.
• If a toy is found unsafe, or if a toy is found to violate a requirement, then
Health Canada will take action to protect the public.
• This action can include product recall, seizure and prosecution.
15

16. U.S. REQUIREMENTS
• Requirements in the CFR have been in effect
since the 1970s
• CPSIA included the requirements of the CFR in
ASTM F963, mandatory since 2008
• New changes to ASTM F963 are incorporated
into regulation via Commission vote
• www.cpsc.gov/BusinessEducation
16

17. • CPSC has ongoing enforcement programs and
partnerships with Customs and Border
Protection for imports
• Individual claims are investigated by the
Agency
• Injury Data from hospitals are monitored
17
US TOY ENFORCEMENT

18. U.S. REGULATED PRODUCT TESTING
• Three different divisions conduct regulated
product testing
– Mechanical
– Electrical and Flammability
– Chemistry
• Timing; Import samples
• Priorities
18

19. A FEW HIGHLIGHTS ON US/CANADA
REQUIREMENTS…
19

20. 20

21. Head*:
• Heavy Elements, including lead, in Surface Coating Materials– ASTM F963 section 4.3 outlines the
toxicology requirements for Antimony, Arsenic, Barium, Cadmium Chromium, Lead, Mercury, Selenium- US
limits to not more than 100ppm
• Phthalates –Plasticized components of toys must be tested to demonstrate compliance with the phthalates
limitations currently in effect.
• Hard Eye & Nose Attachments – depending on age determination, these features could be subject to a
Torque and Tension test up to 15 lbs of force…small parts?
• Flashing- Most plastic flashing cannot be classified as a sharp edge, however the toy may be classified as a
defect.
Torso*:
• Stuffing – US requires that stuffing be clean, no
vermin, no sharpness, non-toxic
• If the batteries are found to be accessible, they will
be subject to ASTM F963 section 4.25
• Seam strength test (16 CFR 1500.51)
• Flammability (F963 4.2) is NOT a requirement for
CPSC testing per Congress
Hand, Pacifier*:
Pacifiers – US specifies
requirements for pacifiers in 16
CFR 1511, nitrosamines
Mouth:
Sound – US specifies 85 dB LAeq and 115 dB
LCpeak limits measured at 50 cm for this
particular toy (ASTM F963 4.5)
Hand, Projectile Device*:
Projectiles – ASTM F963 section
4.21
Feet*:
• Hazardous magnets would be determined by ASTM F963 section 4.38
• Any material intended for children less than 6 years of age, that is, all
accessible parts and components where there is a probability that those
parts and components may come into contact with the mouth are subject
to the Heavy Elements requirements of ASTM F963 section 4.3
Neck Bolts*:
• Small Parts – (16 CFR 1512) The same small parts
cylinder is used on both sides of the border
• A flexure test could be applied (16 CFR 1500.51) if
the wire holding the head still could produce a
sharp point
• Hazardous magnets would be determined by
ASTM F963 section 4.38
*Product may be subject to additional requirements in the CPSIA and other CPSC requirements. www.cpsc.gov/BusinessEducatio

22. Head*:
• Surface Coating Materials - Canada specifies limits for certain heavy elements & prescribes
specific test parameters. Seven regulated heavy elements: lead, mercury, antimony,
arsenic, cadmium, selenium and barium (Toys Regulations, section 23).
• Lead (substrate) – Canada limits total lead content to not more than 90 ppm in toys for
children under 3 years of age (Consumer Products Containing Lead (Contact with Mouth)
Regulations, section 2).
• Phthalates - If material is vinyl Canada specifies limits for certain phthalates (Phthalates
Regulations, sections 3 and 4).
• Flammability – In Canada the hair must not flame with a 1-second flame impingement or
must self-extinguish in 2 seconds with flame removal (Toys Regulations, section 34).
• Hard Eye & Nose Attachments – Canada requires that each hard eye or nose component
must not be grippable or must not detach when a 9 kg weight is freely suspended from it for
5 minutes (Toys Regulations, section 31).
• Flashing – a sharp edge must not be present after RFU testing (Toys Regulations, section
10(a)).
Torso*:
• Flammability – In Canada the outer covering,
including clothing, must have a flame spread time
greater than 7 s (1 s flame impingement, 45°)
(Toys Regulations, section 32).
• Stuffing – Canada requires that stuffing be clean,
no vermin, no sharpness, non-toxic and non-irritant
(Toys Regulations, section 29).
• Stuffing – Canada does not allow plant seeds
(regardless of toy’s age grade) (Toys Regulations,
section 35).
Hand, Pacifier*:
• Pacifiers – Canada specifies
requirements and tests for pacifiers in
the Hazardous Products (Pacifiers)
Regulations).
• In Canada, the Phthalates Regulations,
Consumer Products Containing Lead
(Contact with Mouth) Regulations also
apply.
Head*:
Sound – Canada specifies a 100 decibel limit
(LAFmax) measured at an ordinary use distance
from the user's ear (Toys Regulations, section
19) an ordinary use distance of 15 cm is applied
for hand held toys such as this.
*Complete details are provided in the Canada Consumer Product Safety Act and its associated Regulations.
Hand, Projectile Device*:
Projectiles – Canada specifies that
projectiles capable of causing a puncture
wound must have a protective tip (Toys
Regulations, section 16).
Feet*:
• Flammability – In Canada the outer covering, including clothing, must have
a flame spread time greater than 7 s (1 s flame impingement, 45°) (Toys
Regulations, section 32).
• Small, Powerful Magnets – In Canada there is no specific regulatory
requirement. The general prohibition for products that pose a danger to
human health or safety is applied where a magnet or a magnetic
component is loose or separable, small and powerful (Canada Consumer
Product Safety Act, sections 7 & 8).
Neck Bolts*:
• Small Parts – Canada specifies that small separable parts
are not allowed in toys likely to be used by children under
3 years of age (Toys Regulations, section 7). The same
small parts cylinder is used on both sides of the
border. Canada can apply a 4.45 N force to test if a small
part can be totally enclosed in the cylinder.
• Small, Powerful Magnets – In Canada there is no specific
regulatory requirement. The general prohibition for
products that pose a danger to human health or safety is
applied where a magnet or a magnetic component is
loose or separable, small and powerful (Canada
Consumer Product Safety Act, sections 7 & 8).

23. WORKING TOGETHER
23

24. BILATERAL COOPERATION CANADA - US
• Although requirements between Canada and the United States vary, we
share the goal of safe products, including safer toys, in the North
American market.
• Wescheduleperiodiccallstoexchangetechnicalinformationandbestpractices.
• Weworktogethertoshareinformationonnewhazardsandtodevelopproposalsfor
risk mitigation (e.g. public education, regulationorstandardsdevelopment).
• WeregularlyaligneffortstoannounceJointCanada-USRecalls(302bilateralrecalls
between2009and2014).
• TechnicalstafffrombothagenciesparticipateonASTMSubcommitteeF15.22onToy
Safety(ASTMF963).
24

25. NORTH AMERICAN COOPERATION ON CONSUMER
PRODUCT SAFETY
• North America Free Trade Agreement has fostered the need for greater
cooperation between Canada, United States, and Mexico.
• In 2011 Health Canada, CPSC and Mexico’s Profeco established a mechanism
for enhanced collaboration on consumer product safety at the first
Consumer Product Safety Summit in Bethesda, Maryland.
• The Cooperative Engagement Framework was updated and renewed at the
second Consumer Product Safety Summit in Ottawa, Canada in 2013.
• The Third North America Summit will be held in Mexico City, hosted by
Profeco in 2015.
25

26. ACTIVITIES UNDER THE FRAMEWORK
1) Consumer Outreach
• Coordinated joint consumer outreach activities and campaigns:
– Campaign on Sports Safety timed with FIFA World Cup (2014); Poison Prevention (2013);
Toy Safety (2014)
2) Industry Outreach
• Joint presentations to highlight product safety requirements at key industry events
– ICPHSO (2014); Las Vegas ABC Kids Fair (2014)
3) Utilization of the XRF (X-Ray Fluorescence) Analyzer
• Sharing technical information on current practices, product analysis and reference levels for
the XRF analyzer to screen for heavy metals in toys and children’s products
4) Customs Communications Work for Enforcement Purposes
• Composed of product safety staff and customs officials
• Identification of opportunities for enhanced communication, information sharing and actions
related to potentially dangerous consumer products at points of entry for the three
jurisdictions
5) Early Consultation Initiative
26

27. JOINT RECALLS: CRITERIA
• Product sold in at least 2 or all 3 countries
• Product must also be under the jurisdiction of all
agencies
• Corrective measures and customer support
extended to customers in affected countries
• Timing works for regulator and company
• Have agreement from company to share all
information with both jurisdictions early in the
process
• Recall is conducted voluntarily
27

28. 28
Joint RecallsJOINT RECALLS

29. Conclusion
• Though consumer product safety requirements may
vary, we share the goal of safe products in the North
American market
• We are working together to align where possible and
collaborate on a range of activities, including recalls.
29

30. KEY RESOURCES
Health Canada
www.healthcanada.gc.ca/cps
www.healthcanada.gc.ca/reportaproduct
www.hc-sc.gc.ca/cps-spc/pubs/indust/index-
eng.php
www.hc-sc.gc.ca/ahc-asc/media/advisories-
avis/index-eng.php
Consumer Product Safety
Commission
www.cpsc.gov/BusinessEducation
www.cpsc.gov/DesktopGuide
www.cpsc.gov/Testing
www.cpsc.gov/DurableInfantProducts
30

31. THANK YOU / MERCI
Joanne Brathwaite
Consumer Product Safety Program
Health Canada
cps-spc@hc-sc.gc.ca
Neal S. Cohen
Small Business Ombudsman
U.S Consumer Product Safety Commission
www.cpsc.gov/SmallBiz/Contact
Health Canada
United States
Consumer Product
Safety Commission
31