U.S.-Canada-Mexico to Better Coordinate Consumer Product Border Enforcement, Standards

According to CPSC Chairman Tenenbaum, the Summit is a result of the agency’s strategic plan, which seeks to transform it into a more proactive, global leader in consumer product safety. She also stated that the Summit is in keeping with the efforts of the two Regulatory Cooperation Councils the U.S. has established with Canada and Mexico.

Gov’ts to Explore Ways to Collaborate on Reg, Risk Assessment, Recalls, Etc.

The three agencies agreed to engage their technical staff bilaterally or trilaterally, as appropriate, over the next two years to explore further opportunities for collaboration in the following six areas:

• consultation on proposed regulations and voluntary standards,
• cooperation on risk assessment,
• cooperation on import and market surveillance,
• cooperation on training and outreach within and outside North America,
• coordinated consumer awareness campaigns, and
• consultation on potential joint recalls or corrective actions.

Private Sector Says N. American Coordination & Alignment Urgently Needed

The event also included private sector presentations, all of which urged greater regulatory coordination and alignment for various reasons, including:

Differences are costly. One speaker discussed the frustration of having even minor differences with Canada. For example, under the Consumer Product Safety Improvement Act of 2008 (CPSIA), the lead content limit for children’s products is 100 parts per million (ppm), but under Health Canada’s Product Safety Act, it is 90 ppm. In addition, both countries regulate phthalates at the same limit and in the same products, but they have two different test methods. He stated that the cost and complexity of ensuring compliance in numerous regulatory environments is difficult enough without having seemingly needless distinctions between the U.S. and its biggest trading partner.

Need united front to compete abroad. Others stated that North America needs to present as much of a united front as possible in its approach and regulations. Otherwise, other standards and approaches are more likely to predominate internationally, leaving North American firms at a competitive disadvantage.

Alignment here would also encourage int’l harmonization. The private sector speakers also felt that closer alignment in North America would help give momentum to international coordination efforts at the International Standards Organization (ISO) and elsewhere.

Tenenbaum Especially Wants Increased Coordination with Mexico

In her remarks, CPSC Chairman Tenenbaum stated that on regulatory harmonization and recall activities, the CPSC and Health Canada staff collaborate frequently. She would like to see this and other types of coordination increase with Canada, but would especially like to have greater regulatory collaboration with Mexico.

Health Canada Interested in CPSC-CBP Border Coordination Efforts

Among other things, the Health Canada representative stated that after listening to the closed event on CPSC’s collaboration with U.S. Customs and Border Protection on border surveillance and monitoring, she would also like to similarly enhance Health Canada’s cooperation with the Canada Border Services Agency.

¹Health Canada and the Consumer Protection Federal Agency of the United Mexican States (Profeco)

(See ITT’s Online Archives or 08/25/11 news, 11082536, for BP summary of CPSC announcing it would host the first North America Product Safety Summit.

See ITT's Online Archives or 06/17/11 and 03/11/11 news, 11061715 and 11031119, for BP summaries of the action plan being developed by the U.S.-Canada Regulatory Cooperation Council to align regulations and the six goals set by the U.S.-Mexico Regulatory Cooperation Council.

See ITT’s Online Archives or 08/26/11 news, 11082612, for BP summary of CBP discussing its work with Mexico on a single entry and data harmonization and its plans for a Northern Border pre-inspection pilot.

See ITT’s Online Archives or 02/07/11 and 08/30/11 news, 11020729 and 11083019, for BP summaries of the U.S. and Canada announcing a new “perimeter approach” to trade and security and Canadian public comments stating that alignment of toy safety regulations were among their goals for this new approach.

See ITT’s Online Archives or 06/20/11 news, 11062005, for BP summary of Homeland Security Secretary Napolitano and Canadian officials discussing implementation of the "perimeter" approach.

See ITT’s Online Archives or 05/18/11 news, 11051855, for CPSC staff “roadmap” for achieving international toy safety alignment that mostly urges private sector coordination.)

Joint statement, dated 09/27/11, available here.

Chairman Tenenbaum’s opening remarks, dated 09/26/11, available here.