Chemicals Management Plan: An Overview of Enforcement Under the CCPSA Presentation at the Canadian Network for Human Health and the Environment webinar March 2016 1
Purpose To provide an overview of enforcement under the Canada Consumer Product Safety Act (CCPSA), and Cosmetic Regulations made under the Food and Drugs Act (FDA), with respect to the Chemicals Management Plan (CMP) : 2
What is the CMP? Launched in 2006 to protect human health and the environment by: • assessing chemicals used in Canada • taking action on chemicals found to be harmful Delivered jointly by Health Canada and Environment and Climate Change Canada Sets priorities for assessing and managing chemical substances used in Canada 3
Certain toxic substances from CMP are actioned by CPSD Risk assessment Research and monitoring Risk management CPSD Compliance and enforcement e.g. phthalates, BPA,TCEP, Solvent Red 3, Michler’s ketone 4
Risk Management via compliance and enforcement For a substance that is deemed harmful to human health and/or the environment, risk management : – Includes prevention, control, reduction, and/or elimination of a risk; – Requires appropriate actions to manage those identified risks; the Canada Consumer Product Safety Act is one of the Acts used to manage risks to human health Under the Act, compliance and enforcement options include: • Voluntary measures (such as trader commitment, correction, stop sale); • Product seizure; • Mandatory measures (such as stop sale and recall); • Monetary penalties; and • Prosecution 5
What’s in our Toolkit? HC’s Consumer Product Safety Program is a post -market regime, and employs a variety of tools and techniques including: Active surveillance Risk Assessment and Working Collaboratively Mitigation Risk-based C&E Outreach Standards 6
Case Study - TCEP • Screening Assessment Report – 2009 • Addition of TCEP to Schedule I of CEPA – 2011 • Significant new activity order (2012-87-11- 01) published under CEPA – 2013 • CCPSA Prohibition on TCEP in product for children < 3 years published - 2014 – Added to CPSD Cyclical Enforcement Program 7
Case Study – TCEP • Surveyed marketplace in FY 15/16 – Sampled 21 different products; 1 non- compliance • Posted one recall – http://healthycanadians.gc.ca/recall-alert-rappel- avis/hc-sc/2015/54196r-eng.php • Posted online transparency report – http://www.hc-sc.gc.ca/cps- spc/pubs/indust/polyurethane-polyurethane- eng.php 8
Cyclical enforcement (CE) initiatives help risk manage identified substances CE initiatives • Target substances of concern in consumer products and cosmetics • Monitor industry compliance with the applicable regulations (e.g. Phthalates Regulations , Consumer Products Containing Lead (Contact with Mouth) Regulations ) on a 1-6 year cycle. • Uses compliance promotion and enforcement tools to achieve compliance Some recent CE outcomes • Phthalates CE (2015) found a high level of industry compliance with the Phthalates Regulations; • TCEP CE (2015) found a high level of industry compliance – one recall; • Children’s Jewellery CE (2015) – one product found with excess levels of lead: – Voluntary removal from distribution (since no products had been sold to consumers). • Pacifier CE – one product found with excess levels of lead: – Voluntary recall. 9
Transparency and Openness • New 2015 GoC initiative to be open and transparent about C&E operations • Online reports available detailing CE project outcomes; – TCEP & Lead; – Others coming soon. • http://www.hc-sc.gc.ca/cps- spc/pubs/indust/cpesr-rsarpc-eng.php 10
Questions? James Hardy A/Manager, Compliance and Enforcement Division Risk Management Bureau Consumer Product Safety Directorate Email, phone, incident reports: http://www.hc-sc.gc.ca/contact/cps-spc/hecs- dgsesc/pso-bsp-eng.php General Inquiries: Cps-spc@hc-sc.gc.ca 11
Annex: CMP Resources • Chemical Substances website – http://www.chemicalsubstanceschimiques.gc.ca/ • Chemical Substances website - subscribe and stay informed: – http://chemicalsubstanceschimiques.gc.ca/listserv/index-eng.php • Overview of Chemicals Management Plan fact sheet – http://www.chemicalsubstanceschimiques.gc.ca/fact-fait/overview-vue-eng.php • CMP Progress Report – http://www.chemicalsubstanceschimiques.gc.ca/plan/progress_report-rapport_etape-eng.php • Stakeholder Advisory Council summary reports – http://www.chemicalsubstanceschimiques.gc.ca/plan/council-conseil/meet-reunion-eng.php • New Substances Program – http://www.chemicalsubstanceschimiques.gc.ca/plan/approach-approche/new-subsnouvelles- eng.php 12
Annex: GoC Resources on Chemicals, Your Health, and the Environment • Chemical Substances website: Individuals and Families – http://www.chemicalsubstanceschimiques.gc.ca/individuals-individus-eng.php • Chemicals and Your Health – http://healthycanadians.gc.ca/environment-environnement/outdoor-air- exterieur/chemicalschimiques-eng.php • Chemicals and Our Environment factsheet – http://www.chemicalsubstanceschimiques.gc.ca/fact-fait/chem-chim_environ-eng.php • Hazardcheck – Environmental Health Guide – http://healthycanadians.gc.ca/hazardcheck • First Nations and Inuit Health: Environmental Health – http://www.hc-sc.gc.ca/fniah-spnia/promotion/public-publique/home-maison/index-eng.php • “Our Health, Our Environment: A Snapshot of Environmental Health in Canada” – http://www.hc-sc.gc.ca/ewh-semt/pubs/contaminants/sehc-asec/index-eng.php 13
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