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Vol. 132, No. 7 — April 1, 1998
Registration
SOR/98-175 19 March, 1998
HAZARDOUS PRODUCTS ACT
Order Amending Part II of Schedule I to the Hazardous Products Act
P.C. 1998-399 19 March, 1998
His Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to section 6 (see footnote a) of the Hazardous Products Act, being satisfied that the inclusion in Part II of Schedule I to that Act of certain products set out in that Part is no longer necessary and that certain other products are or are likely to be a danger to the health or safety of the public by reason of their design, construction or contents, hereby makes the annexed Order Amending Part II of Schedule I to the Hazardous Products Act.
ORDER AMENDING PART II OF SCHEDULE I TO THE HAZARDOUS PRODUCTS ACT
AMENDMENTS
1. Part II of Schedule I to the Hazardous Products Act is amended by adding the following after item 20:
20.1 Glazed ceramics and glassware.
2. Part II of Schedule I to the Act is amended by deleting the following:
21. Products that are
(a) for use or that may be used in storing, preparing or serving any food as defined in the Food and Drugs Act; and
(b) made in whole or in part of ceramics having a glaze that contains lead or cadmium.
COMING INTO FORCE
3. This Order comes into force on March 19, 1998.
REGULATORY IMPACT
ANALYSIS STATEMENT
(This statement is not part of the Order nor the Regulations.)
Description
The Hazardous Products Act can be used to prohibit or regulate the advertisement, sale or importation of products which are or are likely to be a danger to the health or safety of the public. Under this Act, the Hazardous Products (Glazed Ceramics) Regulations came into force in 1972 to protect consumers from the dangers of lead and cadmium leaching from glazed ceramic foodware.
Recent scientific studies have indicated that lead levels previously considered "safe" may pose a risk to the public especially to children and pregnant women. In view of these studies and the Department of Health's general policy of reducing Canadians' exposure to lead and cadmium from consumer products as much as possible, these amendments lower the current requirements for permitted leachable lead and cadmium from glazed ceramic foodware and include similar requirements for glassware.
The revision to Part II of Schedule I to the Hazardous Products Act extends the jurisdiction of this Act to include glassware. The Hazardous Products (Glazed Ceramics and Glassware) Regulations replace the former Regulations and implement the following major changes:
(1) harmonization of leachable lead and cadmium levels with those of the U.S. Food and Drug Administration;
(2) addition of a requirement for glass and ceramic drinking vessels that have an exterior decoration containing lead or cadmium on the lip or rim area;
(3) specification of new test methods;
(4) inclusion of a warning statement or design feature on products unsuitable for food use; and
(5) removal of the requirement for the trader identification on each piece of glazed ceramic foodware since this requirement was redundant in view of other existing legislation.
Alternatives
The following alternatives to regulations were examined:
(1) Continuation of the current Regulations. This alternative was rejected because it denies consumers the added protection of lower leachable lead and cadmium limits.
(2) Implementation of voluntary standards. More than 90% of the glazed ceramic foodware sold in Canada is imported. Many of the countries exporting these products have little or no safety standards. With the sources of supply for glazed ceramics regularly changing, the marketplace does not readily lend itself to self rule. In addition, there is no strong industry association or organization that can ensure compliance with voluntary standards.
(3) Initiation of public information programmes. The leaching of lead and cadmium from glazed ceramic foodware is not an obvious or readily identifiable hazard. While information programmes are effective in informing the public of potential hazards, they are not an effective means of mitigating an intrinsic or hidden hazard.
Benefits and Costs
Over 90% of the glazed ceramic foodware marketed in Canada is imported from abroad and is already subjected to the leachable lead and cadmium limits specified by the U.S. Food and Drug Administration. Approximately 90% of the tested glazed ceramic foodware is already in compliance with the U.S. limits. By harmonizing Canadian and U.S. requirements, the establishment of one set of rules will facilitate compliance and enforcement. Costs to industry as a result of this harmonization are expected to be minimal.
The addition of a requirement for glass and ceramic drinking vessels that have an exterior decoration containing lead or cadmium on the lip and rim area reflects a voluntary industry standard currently in place in the U.S. By mandating this industry standard, the exposure of the public to lead and cadmium is reduced. Costs of this additional requirement are expected to be minimal since most products marketed in Canada are imported products that are also available in the U.S. The majority of industries in the U.S. have either adopted this standard or have chosen not to add a decoration within the lip or rim area of their products.
The inclusion of a warning statement or design feature on products unsuitable for food use, such as decorative or commemorative items, is already mandated by the U.S. Food and Drug Administration. Legislating this requirement in Canada will help to minimize the use of strictly decorative/commemorative non-food items containing leachable lead and cadmium as foodware by consumers. The cost of placing a warning statement on decorative/commemorative non-food items is expected to be minimal.
Considering that there are trader identification requirements in other federal legislation, the removal of this requirement of the trader identification on each piece of glazed ceramic foodware from the Hazardous Products (Glazed Ceramics and Glassware) Regulations will not impact on the Department of Health's ability to trace the responsible trader.
In view of the above considerations, the overall benefits of reducing Canadians' exposure to lead and cadmium from these products are estimated to exceed any additional costs incurred by this revision.
Consultation
During the development of these Regulations, industry, consumer groups and other interested parties were consulted through the distribution of information packages in 1992 and 1995. In addition to these information packages, on-going discussions were held between the Department of Health and the major international trade associations. The proposed amendments were also announced by the Department of Health in the 1996 and 1997 Federal Regulatory Plans.
All consulted parties indicated general support for the harmonization of Canadian and U.S. requirements, lowering of the permitted leachable lead and cadmium limits and encouraged the revision of the current requirements.
The proposed amendments were prepublished in the Canada Gazette, Part I on April 19, 1997 and a copy was provided to interested parties. The comments received included clarifications for the lower lead limits, the labelling requirements for decorative glazed ceramic foodware, the effective date of the revised Regulations and the scope of the Regulations. The comments have been addressed by the Department and they are reflected in the revised Regulations.
Compliance and Enforcement
Compliance and enforcement of the revised Regulations will follow departmental policy and procedures, including sampling and testing of glazed ceramic foodware and glassware as well as follow-up of consumer complaints. Action taken on non-complying products will range from voluntary withdrawal of the products from the market to seizure and prosecution.
Contact
Mr. Ben Tom
Project Officer
Product Safety Bureau
Environmental Health Directorate
Health Protection Branch
Department of Health
Statistics Canada Main Building
Wing 1000
Tunney's Pasture
Address Locator: 0301B2
Ottawa, Ontario
K1A 0K9
Telephone: (613) 954-0721
FAX: (613) 952-1994
R.S., c. 24 (3rd Supp.), s. 1
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