An international panel comprised of members of AQSIQ (China), INMETRO (Brazil), Health Canada and CPSC (U.S.) used this presentation to discuss the regulatory structure and suggestions for businesses.
Cybersecurity Awareness Training Presentation v2024.03
2012 CPSC Safety Academy: International Panel
1. International Panel-2012
• Safety Academy
Mr. Zhou Shenghe AQSIQ
Mr. Alfredo Lobo INMETRO
Mr. James Van Loon Health Canada
Mr. Dean W. Woodard U.S. CPSC
2. 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
3. Canada Consumer Product Safety Act (CCPSA)
• 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).
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4. Canada Consumer Product Safety Act (CCPSA)
• 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).
4
5. 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.
5
6. Regulations
CCPSA also has regulation-making authorities which set
out mandatory requirements for specific products:
• Asbestos Products • Cribs, Cradles and • Mattresses
• Candles Bassinets • Pacifiers
• Carbonated Beverage • Face Protectors for Ice • Phthalates
Glass Containers Hockey and Box Lacrosse • Playpens
• Carpets Players
• Residential Detectors
• Carriages and Strollers • Glass Doors and
Enclosures • Restraint Systems and
• Cellulose Insulation Booster Seats for Motor
• Glazed Ceramics and Vehicles
• Charcoal Glassware
• Children’s Jewellery • Science Education Sets
• Expansion Gates and
• Children’s Sleepwear Expandable Enclosures • Surface Coating Materials
• Consumer Chemicals and • Ice Hockey Helmets • Tents
Containers • Infant Feeding Bottle • Textile Flammability
• Consumer Products Nipples • Toys
Containing Lead (Contact • Kettles
with Mouth)
• Lighters
• Corded Window Covering
Products • Matches
Links to the CCPSA and its regulations
can be found at www.health.gc.ca/ccpsa
7. 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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8. Managing Risk under the CCPSA
• 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.
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9. Risk Management
Response to Non-Compliance Enforcement Considerations
• Request voluntary measures
• Verify corrective measures • Risk to health and safety.
• Seize • Likelihood that the same problem
product/documents/materials will reoccur.
• Order recall and corrective • Compliance history of the
measures enterprise.
• Issue notices of violation • Whether the enterprise acted with
• AMPS (pending) indifference or premeditation.
• Carry out recalls/corrective • Degree of cooperation offered by
measures the enterprise.
• Apply for injunction • Deterrence
• Investigate and prosecute
10. Risk Management – Compliance Promotion
Visit
www.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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11. 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 1-866-662-0666
Incident Reports:
www.health.gc.ca/reportaproduct
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12. CPSC
Brazilian Toys Certification Program
Consumer Product Safety Commission - CPSC
Alfredo Lobo
Quality Director
Inmetro, Brazil
Washington, September/2012
13. CPSC
Brazilian Toys Certification Program
Consumer Product Safety Commission - CPSC
Alfredo Lobo
Quality Director
Inmetro, Brazil
Washington, September/2012
14. CPSC
Brazilian Toys Certification Program
Consumer Product Safety Commission - CPSC
Alfredo Lobo
Quality Director
Inmetro, Brazil
Washington, September/2012
15. CPSC
Brazilian Toys Certification Program
Consumer Product Safety Commission - CPSC
Alfredo Lobo
Quality Director
Inmetro, Brazil
Washington, September/2012
16. CPSC
Objective
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.
17. CPSC
Some Information and data about Brazil
• Population: 192 Million
• Surface: 8,5 Million Km2
• Gross Domestic Product – GDP: 2,48 Trillion of US$
18. 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$
19. 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
20. 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
21. 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.
22. 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.
23. CPSC
Certification Model 5 - frequency of tests
First
Maintennance
Certification
Initial
Certification
4 4 4 4 4 4 t (month)
Yes Yes Yes
C? C? C? C?
No No No
24. CPSC
Current Main Tests Applied
• Mechanical and physical tests
• Chemical tests
• Flammability tests
• Electrical tests
• Toxicity tests
• Phthalates tests
25. 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)
26. CPSC
Main changes we are doing in our regulation for
toys certification.
• 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.
28. 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
29. China’s Inspection and Supervision
System on Consumer Products
I. Laws and Regulations
II. Law enforcement
III. Shared responsibilities
30. 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 Quality
5. Others
31. II. Law Enforcement
1. Mandatory Inspection
2. Snap Inspection
3. Classified Management of Export Enterprises
4. Surveillance on Key Export Consumer
Products
32. 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.
33. 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.
34. 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.
35. 3. Classified Management on
export enterprises
A. Enterprise Classification: Enterprises are
classified into four types:
1) excellent
2) good
3) average
4) below average
36. 3. Classified Management on
export enterprises
A. Enterprise Classification: Important elements
of classification
1) credit of the manufacturer
2) quality assurance capability
3) product quality data
4) risk rating of the product
37. 3. Classified Management on
export enterprises
B. Risk ratings of export products
1) high risk
(special supervision)
2) relatively high risk
(normal supervision)
3) normal risk
(verification)
38. 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)
39. 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
40. III. Shared Responsibilities
To ensure safety of consumer products, we need
all the relevant parties including government
regulators, importers, exporters, enterprises, a
s 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,…
41. 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.
43. Consumer Product Safety
•
Commission
Mr. Dean W. Woodard U.S. CPSC
Director Office of Education, Global Outreach, and Small
Business Ombudsman
dwoodard@cpsc.gov
business@cpsc.gov
Notas del editor
A step-wise approach is used whenever possible and appropriate in the circumstances. Inspector must consider/determine if the establishment has the ability to control product and to address any identified issues.Other factors to consider include the risk caused by the product, the urgency in correcting the issue, and undue delays to respond quickly to serious and imminent danger caused by the negotiation process.Deterrence can be about the company itself or the whole of industry.
Our goal is to ensure that industry at all levels understand their obligations under the Act. Industry needs to understand their new responsibilities under the legislation. Therefore, inspectors have an important role in increasing knowledge of their obligations under the Act.