The CCPSA prohibits the sale of unsafe products, requires support for safety and compliance with the CCPSA, requires record keeping, and requires mandatory incident reporting. In addition the CCPSA expands investigatory and enforcement powers and provides for enhanced penalties. The classification of products covered under the CCPSA are defined as consumer products. Consumer products are defined to mean all products, components, parts, accessories and packaging, reasonably expected to be obtained by a person for non-commercial use.
The CCPSA effectively prohibits the sale of a consumer product that poses a danger to human health or safety. A danger to human health and safety means an unreasonable hazard, existing or potential, arising from normal or foreseeable use, reasonably expected to cause death, injury, or adverse effect on health. Sell is defined to mean offer for sale, lease, expose or has in possession for sale or lease, with our without consideration. Some entities are excluded from being a seller under the CCPSA, i.e.. ad agencies. A product included as part of a give always in a contest or promotional program meets the definition of a consumer product, then the party selling (even without consideration) the consumer product assumes the obligation of record keeping and reporting of incidents.
In addition, it would seem that Health Canada is taking the position that while groups of regulated products that are excluded from the application of the CCPSA, the containers in which the excluded products are contained within are not exempt. As such if an incident arises from a container housing a food, drug, NHP or cosmetic, the part of Health Canada overseeing the CCPSA would require notification of the incident. In fact depending on the nature of the incident that part of Health Canada that overseas the product itself, i.e. the drug/NHP, may also require notice.
Be prepared, ensure you have SOPs in place that govern record keeping and the receiving of customer complaints and route them for review and if necessary follow up and filing of an incident report. Ensure you have information from the supplier confirming the product is safe and in compliance with the CCPSA. Click here for more information on the CCPSA.