On December 15, 2010, Bill C-36, an Act respecting the safety of consumer products received royal assent and is now in effect in Canada. The number of product recalls and contamination events continues to rise despite improvements in manufacturing and production practices in almost all industries. You need to be prepared to respond. For manufacturers, importers, and retailers of consumer products, the impact of the CCPSA is far reaching as businesses will now be required to:

• Notify the Minister of Health within two days following an incident and follow-up with a detailed written report in 10 business days
• Conduct tests and studies to verify compliance and provide the results to the Minister of Health upon request
• Respond to the release of confidential business information, without prior consent by the Minister of Health, to persons/governments carrying out functions related to the protection of health and safety
• Maintain records at the Canadian place of business concerning all manufactured, imported, and sold consumer products for a period of 6 years
• Cooperate with ad-hoc compliance inspections conducted by Health Canada officials

• Adhere to mandatory recall and ‘stop orders,’ injunctions, and administrative, monetary, and criminal penalties imposed by the Minister of Health

In addition to the new Product Safety Act in Canada, on January 4, 2011, President Obama signed into law the Food and Drug Administration (FDA) Food Safety Modernization Act (FSMA). This new law sets in motion sweeping changes for organizations in the food industry—in the United States and importers. Potential impacts to Canadian exports to the U.S. include:

• Increased FDA inspections
• Mandatory recalls initiated by the FDA for food that is adulterated, misbranded, or that can cause serious health risks
• Government access to confidential company records
• Statutory protections for whistle blowers
• Denial of entry of foreign food products into U.S. markets under certain conditions

In the webinar featured on the right, Katherine Ann Cahill, Managing Director, Global Product Risk Practice leads an discussion about this legislation, product recall business continuity services and Marsh's Platinum Plate Protocols.