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Multi-Jurisdiction Recalls

Future of Co-operation And Inter-Agency Recalls

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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

Soon: Canada Consumer product Safety Act

Product Safety Regulations

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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, can place product under seizure

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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

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What is a Recall?

ƒAll recalls are voluntary and were posted with the consent of the company. These postings include the following actions:–Stop sale–Product removal–Corrective Action on Affected Product–Design Change for Future Stock–Investigate cause of problem–Customer support–Communication strategy

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Volumetrics

Recalls are defined as stop sale + corrective action + publicity (minimum: posting to website)

Recalls Posted in 2009 (calendar year)ƒ 396 posted by CPSC

(137 of these Sold in Canada and USA)ƒ 305 posted by HC

(168 Sold only in Canada)

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Levels of Inter-Agency Cooperation

Various levels of cooperation:ƒRecall posted independent of other agencies

National:ƒAgree to post common message on multiple sites (eg: HC with TC or CPSC with DOT/NHTSA)ƒHC is negotiating MOU’s with ESA (Electrical Safety Authority) & TC (Transport Canada)ƒCPSC have signed an Interagency Agreement with DOT/NHTSA

International:ƒAgree to post common message and sync timingƒAgree to Joint Recall Posting ƒCPSC and HC have signed an MOU

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Criteria for Cooperative Recalls

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 processƒ Recall is conducted voluntarily

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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

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Joint Health Canada- US CPSC Recall postingsAs of Feb 2010, 25 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

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DisclaimerDisclaimer

"This presentation has not been reviewed or approved by the Commission and may not reflect its views“ - US CPSC

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ContactsContactsMarc Schoem, Office of Compliance and Field Operations, CPSCe-mail: MSchoem@cpsc.govtel: (301) 504-7520

Mark Veitch, National Coordination Division, CPSD, HCe-mail: mark_veitch@hc-sc.gc.ca tel: 613-952-5656