Canadian Toy Safety Legislation Related to Toxicity Hazards

Transcription

1 Canadian Toy Safety Legislation Related to Toxicity Hazards

2 The Hazardous Act In Canada, safety requirements for toys, equipment and other products for use by a child in learning or play are specified in the Hazardous Act and the associated Hazardous (Toys) Regulations. Restricted toys can only be advertised, sold or imported if they meet specific safety requirements, as defined in the Hazardous (Toys) Regulations. The toxicity-related provisions within these

3 The Hazardous Act : Prohibitions The Hazardous Act and Regulations Part I of Schedule I to the Hazardous Act lists prohibited products -- these cannot be advertised, sold or imported. Part I Part I Prohibited & Restricted Schedule I Part II Part II Controlled Schedule II Controlled Regulations Part III Administration & Enforcement Inspectors and Analysts Search, Seizure and Forfeiture Offence, Punishment and Procedure A number of prohibitions are in place to protect children from toxicity hazards. Prohibited Restricted Various Regulations

4 The Hazardous Act : Prohibitions Identified Toxic Substances (Item 8 of Schedule 1 to the HPA) A toy is prohibited if it contains any of the following substances if they are either accessible to a child or could be released on breakage or leakage: carbon tetrachloride or any substance containing carbon tetrachloride methyl alcohol or any substance containing more than 1% w/v of methyl alcohol petroleum distillates or any substance containing more than 10% w/v of petroleum distillates benzene turpentine or any substance containing more than 10% w/v of turpentine boric acid or salts of boric acid ethyl ether

5 The Hazardous Act : Prohibitions Heavy Metals in Applied Surface Coatings (Item 9 of Schedule 1 to the HPA) A toy is prohibited if has an applied surface coating that contains any of the following substances: total lead in excess of 600 mg/kg any compound of antimony, arsenic, cadmium, selenium or barium if more than 0.1% dissolves in 5% HCl after stirring for C any compound of mercury

6 The Hazardous Act : Prohibitions Organic Solvents (Item 21 of Schedule 1 to the HPA) Blowing balloon toys are prohibited if they contain any aromatic, aliphatic or any other organic solvent.

7 The Hazardous Act : Prohibitions Asbestos (Item 28 of Schedule 1 to the HPA) A toy that contains any actinolite, amosite, anthophyllite, chrysotile, crocidolite, cummingtonite, tremolite or any other asbestos is prohibited if the asbestos may become separated from the toy.

8 The Hazardous Act : Restrictions Part II of Schedule I to the Hazardous Act identifies restricted products. Restricted products are identified by their design, construction or contents. Part I Prohibited & Restricted Schedule I The Hazardous Act and Regulations Part II Controlled Schedule II Part III Administration & Enforcement Inspectors and Analysts Search, Seizure and Forfeiture Restricted toys must meet the applicable requirements of the Hazardous (Toys) Regulations in order to be advertised, sold or imported. Part I Prohibited Part II Restricted Various Regulations Controlled Regulations Offence, Punishment and Procedure

9 The Hazardous Act : Restrictions A number of restrictions are in place to protect children from toxicity hazards. If a toy contains a toxic substance, other than a prohibited substance, then one of the three conditions below must be met: (a) the substance cannot be ingested, inhaled or absorbed through the skin; (b) the total quantity of the substance shall not exceed onehundredth of the acute oral or dermal LD 50 calculated for a 10 kg child; or (c) the toxicity of the substance is not considered excessively

10 The Hazardous Act : Restrictions Hazardous (Toys) Regulations Schedule I, Permissible Limits of Toxicity A substance is considered excessively toxic for humans if the acute oral LD 50 value for rat is 5 grams or less per kilogram body weight; the acute dermal LD 50 value for rabbit is 2 grams or less per kilogram body weight; or the LC 50 value for a one-hour exposure determined using rats, is 20,000 ppm by volume of gas or vapour or less, or 200 milligrams per litre by volume of mist or dust or less.

11 The Hazardous Act : Restrictions If a toy is likely to be used by a child of less than three years of age and it is made of, or contains any, plastic material, the material must be considered acceptable for use in the manufacture of food packaging materials and food containers. All finger paints must be water-based and meet all other toxicity requirements.

12 The Hazardous Act : Other Toxicity-related Regulations Science Education Sets Regulations limits chemical substances by toxicity and quantity and specifies labelling The Children s Jewellery Regulations permit the sale of children s jewellery only if it contains less than 600 mg/kg total lead and less than 90 mg/kg migratable lead Children s jewellery items and science education sets are not classified as toys in Canada

13 Lead in Children s Jewellery - Lead-containing Rune pendant Lead is a soft, inexpensive heavy metal often used to make costume jewellery Children are exposed to lead when they suck or chew on lead-containing items Lead-containing jewellery associated with cases of lead toxicity: 1998 Calgary child developed elevated blood lead after sucking on lead Kids Klub pendant 2003 Oregon boy hospitalized with lead poisoning after swallowing Rune pendant made of lead 2006 Michigan boy died of lead poisoning after swallowing Reebok charm containing lead

14 Health Canada Management of Risks Associated with Children s Leaded Jewellery In April 1999 Health Canada requested that industry voluntarily refrain from selling children s leaded jewellery Follow-up national marketplace surveys in 2000 and 2002 showed that compliance with voluntary standards was poor In 2005, under authority of the Hazardous Act, the Children s Jewellery Regulations came into force, allowing the import, advertisement or sale of jewellery for children under 15 years of age only if the jewellery does not contain more than 600 mg/kg total lead and 90 mg/kg migratable lead

15 Concerns Unregulated Product Lead in Children s Health Canada s Lead Risk Reduction Strategy for Consumer proposes lead content limits for four specific categories of consumer products to which children are most likely to be exposed. Phthalates The proposed limit for all accessible parts of toys likely to be used by a child of less than three years of age is 90 mg/kg total lead. Proposed limits for all accessible parts of toys likely to be used by a child of three years of age and older of 600 mg/kg for total lead and 90 mg/kg for migratable lead are currently under study. Industry has been asked to remove DINP and DEHP from soft vinyl teethers, rattles and other buccal products for young children.

16 Administration and Enforcement The Hazardous Act does not require toys to be certified or approved for sale it requires that all toys advertised, sold or imported comply with the legislation. Manufacturers, importers, distributors and retailers must ensure that their products are in compliance with the law. Testing against the requirements is the best way to ensure compliance. Health Canada is the federal government department responsible for the administration and enforcement of the Hazardous Act. Health Canada s Product Safety Laboratory develops and publishes test methods for compliance assessment. Health Canada s Product Safety Officers are active across the country surveying the market and removing non-compliant product from distribution.

17 FOR FURTHER INFORMATION Visit Health Canada s Consumer Product Safety Web site: Refer to the Quick Reference Guide to the Hazardous Act for Manufacturers, Importers, Distributors and Retailers Refer to the Industry Guide to Canadian Safety Requirements for Toys and Related or CPS-SPC@hc-sc.gc.ca Visit Justice Canada s Web-site for access to the Hazardous Act: and associated Regulations: