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Proactive Disclosure

Proactive Disclosure

Consumer Product Safety

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Information to Dealers of Second-hand Products (including children's products)

Reprinted October 2009
ISBN: 978-0-662-05740-6
Cat. No.: H128-1/08-539
HC Pub.: 4185

Help on accessing alternative formats, such as Portable Document Format (PDF), Microsoft Word and PowerPoint (PPT) files, can be obtained in the alternate format help section.

(PDF Version - 1684 K)

Introduction
General Recommendations for Selling Second-hand Products
Section A - Products under the Hazardous Products Act and the Food and Drugs Act
Section B - Products under the Radiation Emitting Devices Act
- Products of Interest
- Contact Information for the Consumer and Clinical Radiation Protection Bureau

Introduction

The intent of this document is to provide dealers with information about the requirements for selling second-hand products in Canada.

Dealers have a responsibility under the Hazardous Products Act (HPA), the Food and Drugs Act and the Radiation Emitting Devices Act (REDA) with respect to the safety of consumer products. The HPA, the Food and Drugs Act and the REDA are federal statutes administered respectively by Consumer Product Safety and the Consumer and Clinical Radiation Protection Bureau of the Product Safety Directorate of Health Canada.

The HPA and its regulations do not distinguish between new and used products. Any person who sells, distributes, or gives away products not complying with the current legislation is breaking the law in Canada. By selling or giving away an item that poses a hazard, a person could also be liable in a civil court of law.

All cosmetics sold to consumers in Canada must meet the requirements of the Food and Drugs Act, the current Cosmetic Regulations, and all other applicable legislation to ensure that they are safe to use and do not pose any health risk. The Cosmetic Regulations of the Food and Drugs Act require that cosmetics sold in Canada must be manufactured, prepared, preserved, packaged and stored under sanitary conditions. The Food and Drugs Act does not distinguish between new and used products.

Health Canada Product Safety Officers monitor second-hand retail stores and flea markets for unsafe or non-compliant products and take enforcement action as required. This action may include commitment to product correction, voluntary removal of products from sale, voluntary disposal or seizure and/or criminal prosecution under the HPA and the Food and Drugs Act.

The REDA covers such items as microwave ovens, UV facial lamps, and personal tanning equipment. For second-hand radiation emitting devices to be sold, they must also meet current standards.

Section A of this booklet outlines products regulated under the HPA and the Food and Drugs Act, while Section B outlines products regulated under the REDA.

General Recommendations for Selling Second-hand Products

Second-hand products should not be sold if they are too old and do not comply with current standards, have been subject to a recall, have parts that are missing or broken, or have labels and instructions that are missing.

Ensure a product is safe and complies with the legislation. This includes homemade and modified products. If you are unsure, do not sell it and do not give it away. For any product that is to be thrown away, refer to your municipal regulations for proper disposal.

To ensure that you only handle safe products:

know the standards for products that are regulated;
routinely verify all possible sources to find out about recalled products (see page 29);
ensure all parts are present, in good condition, and function properly;
make sure assembly and/or instructions for use are provided.

For more information, contact a Consumer Product Safety office regarding products in the HPA and the Food and Drugs Act or contact the Consumer and Clinical Radiation Protection Bureau regarding products in the REDA. See the contact lists at the end of each section of this document.

The information in this booklet has been prepared to provide an overview of the legislation dealing with consumer products. It is not intended to substitute for, supersede or limit the requirements under the legislation. In case of any discrepancy between this summary and the legislation, the legislation will supersede the summary. Where questions of compliance arise, the regulations take precedent. In order for the product to comply, all conditions must be met.

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Section A - Products under the Hazardous Products Act and the Food and Drugs Act

Consumer Product Safety of Health Canada establishes and enforces safety standards for consumer products. The general mandate, under the Hazardous Products Act (HPA), includes "any product, material or substance that is or contains a poisonous, toxic, flammable, explosive, corrosive, infectious, oxidizing or reactive product… (which) is or is likely to be a danger to the health and safety of the public; or any product designed for household, garden or personal use, for use in sports or recreational activities, as lifesaving equipment or as a toy, plaything or equipment for use by children… (which) is or is likely to be a danger to the health or safety of the public because of its design, construction or contents."

The HPA, as it relates to consumer products, consists of two parts. Items included in Part I of Schedule I are banned from import, sale, and advertisement in Canada. Products included in Part II of Schedule I must meet specific regulations in order to be imported, sold, or advertised in Canada.

A copy of the Hazardous Products Act and Regulations can be viewed at: laws.justice.gc.ca/en/H-3/index.html

Consumer Product Safety of Health Canada also establishes and enforces safety standards for cosmetic products. The Food and Drugs Act and the Cosmetic Regulations, defines cosmetics as "any substance or mixture of substances, manufactured, sold or represented for use in cleansing, improving or altering the complexion, skin, hair or teeth and includes deodorants and perfumes." This definition also includes animal grooming products, cosmetics used by professional esthetic services, as well as bulk institutional products.

A copy of the Food and Drugs Act can be viewed at: laws.justice.gc.ca/en/F-27/

A copy of the Cosmetics Regulations can be viewed at: laws.justice.gc.ca/en/F-27/C.R.C. -c.869/

Banned Products

In Canada it is illegal to advertise, sell or import certain products such as:

Baby Walkers
Lawn Darts with Elongated Tips
Yo-Yo Balls

Children's Jewellery

Lead is a soft, heavy, bluish-grey metal which is often used to make inexpensive jewellery. Lead is very toxic. A child can suffer from lead poisoning if they suck, chew, or swallow jewellery containing lead.

Jewellery containing lead which has a protective or decorative coating is not safe, since children can easily chew off the coating.
Item 42 of Part I of Schedule I to the HPA prohibits the importation, advertisement, or sale of children's jewellery that contains more than 600 mg/kg total lead and more than 90 mg/kg migratable lead.
If you are not sure if a children's jewellery product contains lead, it is wiser not to offer it for sale.

Regulated Products

It is important to only sell items that meet the current regulatory standards and are in good condition. Many regulations under the HPA and the Food and Drugs Act have specific requirements that state that labelling be in English and French. These requirements should be checked before items are offered for sale. It should also be noted that pre-packaged, non-food consumer products are subject to the federal Consumer Packaging and Labelling Act and its regulations. Industry Canada's Competition Bureau administers the Consumer Packaging and Labelling Act. A copy of this Act can be viewed at: laws.justice.gc.ca/en/C-38/index.html.

Additionally, before selling a second-hand product, check with the manufacturer or Health Canada to see if it has been recalled and if the problem has been or can be corrected. If it has been recalled and the problem has not been corrected or cannot be corrected, do not sell the product. Destroy it so that it cannot be used by someone else, and throw it away.

The following is a partial list of currently regulated products under the HPA and the Food and Drugs Act. This is a summary of requirements that must be met in order to advertise, import, and sell these products in Canada.

Car Seats and Booster Seats

All car seats must have a National Safety Mark on them (since March 15, 1998). This means that they comply to the appropriate Canadian Motor Vehicle Safety Standard (CMVSS) [No. 213, 213.1, 213.2, 213.3, or 213.5].
A label or text moulded into the plastic containing the following information, in English and French, must be permanently affixed to the product:
1. name and address of manufacturer, importer or retailer;
2. model name and number;
3. date of manufacture;
4. statements for weight and height range of user;
5. characteristics of vehicles in which the product is not to be used;
6. warning statements;
7. installation diagrams.
The instructions, in English and French, for proper installation and use must be available.
All forward-facing car seats must have a tether strap.
All car seats must have a functional restraint system (harness system).
The product must be in good condition. For example, there should be no cracks in the plastic, missing hardware, or loose parts.
Never sell a car seat or booster seat if it has been in a vehicle at the time of a collision.
Car seats should not be sold if they are past the lifespan recommended by the manufacturer.

For further information on car seats, including recalls, contact Transport Canada at 1-800-333-0371 or visit their Web site at: www.tc.gc.ca/roadsafety.

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Carriages and Strollers

A label containing the following information must be permanently affixed to the product:
1. name and place of business of manufacturer or importer;
2. model name or number;
3. date of manufacture;
4. warning statements, in English and French, about never leaving a child unattended; using the lap belt; and using the parcel bag only as recommended by the manufacturer.
The product must have a braking device in working order.
The wheels should be securely attached.
Every stroller must have a working restraint system attached to the frame or upholstery and consist of a lap belt and another restraint, such as a harness, to prevent the child from sliding downward.
Products that fold must have a latching device which locks automatically and prevents the product from folding by itself.
The product must be in good condition and have no loose parts which pose a choking hazard to a child.

Children's Sleepwear

The requirements for children's sleepwear apply to those products designed for infants weighing more than 7 kg up to a children's size 14X.

Loose-fitting children's sleepwear include nightshirts, dressing gowns, bathrobes, house coats, robes, pyjamas, and baby doll pyjamas. For loose-fitting sleepwear to be sold it should be made of 100% polyester, 100% nylon or polyester/nylon blends. Loose-fitting children's sleepwear made from cotton and cotton blends cannot be sold as they do not meet the flammability requirements.
Tight-fitting children's sleepwear include polo pyjamas and sleepers with tight cuffs at the end of sleeves and pants and fit close to the body. These styles are less likely to make contact with a fire source, are likely to burn more slowly, and can be made from cotton or cotton blends.
Health Canada recommends that belts, ties or sashes on children's robes be stitched firmly to the centre back of these products. Young children are at risk of strangulation from any type of cord that can be detached from the clothing.

Cosmetics

Used, old, or damaged cosmetics should never be sold. These products may contain harmful bacteria that could cause skin rashes or lead to infections. Additionally, second-hand cosmetics may be missing required labelling information, such as ingredients, warnings, and directions for safe use.

Cradles

A label containing the following information must be permanently affixed to the cradle:
1. name and place of business in Canada of manufacturer or importer;
2. model name or number;
3. date of manufacture;
4. warning statements, in English and French, about following assembly instructions, the size of the mattress and proper use of product.
The cradle must not rock or swing beyond a 20° angle from the vertical to prevent uncontrolled swinging.
The gap between the slats must not be more than 6 cm (2 3/8 in).
The mattress supplied with the cradle must in be good condition and no thicker than 8 cm (3 1/8 in) and of such a size that, when pushed firmly against the sides of the cradle does not leave a gap of more than 3 cm (1 3/16 in) between the mattress and any part of the cradle's sides.
The cradle must be in good condition. For example, no broken, cracked, or missing parts; wood should be smooth and free of splinters; the metal should be free of burrs and sharp edges; and there should be no loose nuts and bolts.

Cribs

Mattress support systems that are not allowed to be used in Canada

Cribs manufactured prior to September 1986 do not comply with current standards and should not be sold or used. These cribs expose the baby to serious potential hazards that may result in serious injuries, including death.

A label containing the following information must be permanently affixed to the crib:
1. name and place of business in Canada of manufacturer or importer;
2. model name or number;
3. date of manufacture;
4. warning statements, in English and French, about following assembly instructions, the size of the mattress and proper use of product.
The assembly instructions and parts list, in English and French, must be either permanently printed on the product or included in a pouch that is permanently attached to the crib.
The mattress support system must be solidly affixed to the frame of the crib. The height of the mattress support should not be adjustable without the aid of tools. (No S or Z shape hooks are allowed!)
The gap between the slats must not be more than 6 cm (2 3/8 in) and the slats should not be loose or turn when twisted.
The mattress supplied with the crib must be in good condition and no thicker than 15 cm (6 in) and of such a size that, when pushed firmly against the sides of the crib does not leave a gap of more than 3 cm (1 3/16 in) between the mattress and any part of the crib's sides.
The crib should not have corner posts which extend more than 3 mm (1/8 in) above the highest side.
The crib must be well maintained. For example, no broken, cracked, or missing parts; wood should be smooth and free of splinters; the metal should be free of burrs and sharp edges; and there should be no loose nuts and bolts.

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Ice Hockey Helmets and Face Protectors

Ice hockey helmets must meet the requirements of the Canadian Standards Association (CSA) standard Z262.1. This standard must appear on the helmet.
Ice hockey helmets must also display the date of manufacture. Helmets more than 5 years old should not be bought or sold as the materials used in the helmet may break down with age.
The product must be in good condition, for example no cracks, missing padding, or hardware. Also, modifications such as drilled holes, addition of stickers, or re-painting should not have been done.
Ice hockey helmets must have a chin strap.
Face protectors for ice hockey must meet CSA standard Z262.2 and be in good repair with no cracks or bent wires, and fastened securely to the helmet. If the face protector is sold separately, it must have hardware for proper installation and instructions on how to install.
Player hockey face protectors must be marked with the CSA label and the CSA standard number CSA Z262.2, while the hockey helmet must have a CSA hockey helmet label showing CSA Z262.1.
For goaltender ice hockey helmets, where the ice hockey face protector is integrally mounted on the helmet, the face protector itself would not include the CSA label. The hockey helmet would have to have the CSA standard number CSA Z262.2 and would also have to have the CSA hockey helmet label showing CSA Z262.1.
If in doubt, check the list of CSA certified products which is available at: directories.csa-international.org/.

Playpens

A label containing the following information must be permanently affixed to the playpen:
1. name and place of business of manufacturer or importer;
2. model name or number;
3. date of manufacture;
4. the following statement, in English and French:
  
  "This product complies with requirements of the Playpens Regulations (Canada) / Ce produit est conforme aux exigences du Règlement sur les parcs pour enfants (Canada)".
English and French assembly instructions must accompany the product.
The playpen must not present any scissoring, shearing, or pinching hazards. The joint at the top drop rail must be covered by a plastic pad or designed to eliminate shearing or pinching hazards.
The height of the sides, as measured from the floor to the top of the rail, must be 48 cm (18.9 in) or more.
The product must not have more than two wheels or casters or the ability to attach additional wheels.
Playpen mesh must be small mosquito-type netting to prevent buttons located near the head and neck on children's clothing from catching and leading to strangulation.
Cut metal tubing with ends accessible to child must be covered by a cap that cannot be removed.
The threaded end of bolts accessible to the child must be covered with acorn nuts.
Straps, cords, etc. more than 18 cm (7 in) in length cannot be attached to the playpen as they create a strangulation hazard.
The playpen must be in good condition.

Safety Gates and Enclosures

A label containing the following information must be permanently affixed to the gate:
1. name and place of business in Canada of the manufacturer, importer or distributor;
2. model name or number;
3. date of manufacture;
4. warning statements, in English and French, about the intended use, age limits, and installation.
English and French assembly instructions must accompany the product.
Any V shaped openings along the upper edge of the gate must have a spacing of 38 mm (1 1/2 in) or less when installed as recommended by the manufacturer.
Openings in a gate must be small enough to prevent a child from placing their head through the holes.
Every exposed wooden, metal or plastic part must be smoothly finished and free of splinters, burrs, cracks, and other defects.

Toys

Toys for children under three years of age must not have small parts that pose a choking hazard.
Ensure that toys are in good repair. For example, there should be no sharp edges or points, no loose eyes or noses, no peeling paint, and no rough wooden edges. All fasteners such as nails, staples, bolts, and screws must be securely attached.

Toys with Magnets

Check toys for loose magnets before selling.
Small powerful magnets used in toys, figurines, science kits, board games, and other household items may pose a hazard if the item itself is small enough to be swallowed or if the small magnet breaks away from the product and is swallowed. If a child swallows more than one magnet over a short period of time, the magnets can attract one another while travelling through the intestines. When this happens, the magnets can twist the intestines and create a blockage or they can tear through the intestinal walls. The results can be very serious and even fatal.

Toys Sold in Flexible Film Bags

Toys packaged in flexible film bags that have an opening of 35.6 cm (14 in) or larger, must be labelled with an English and French suffocation warning.

"PLASTIC BAGS CAN BE DANGEROUS. TO AVOID DANGER OF SUFFOCATION KEEP THIS BAG AWAY FROM BABIES AND CHILDREN.

LES SACS DE PLASTIQUE PEUVENT ÊTRE DANGEREUX. POUR ÉVITER LE DANGER DE SUFFOCATION, NE LAISSEZ PAS CE SAC À LA PORTÉE DES BÉBÉS NI DES ENFANTS."
Thin bags such as dry cleaning bags can be a suffocation hazard and cannot be used to package toys.

Toys That Emit Sound

Toys that are excessively loud cannot be sold in Canada. As a general rule, if the toy is too loud for you when used as intended, it may not meet Canadian safety requirements.

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Toy Boxes

Toy boxes with lids are required to have adequate openings for ventilation to prevent the suffocation of a child who may become trapped inside. If there is a lid on the toy box, it should be lightweight and have good supporting hinges.
Plastic, rubber, or similar air-tight storage bins that are large enough to enclose a child cannot be promoted for toy storage.

Products of Concern

Bicycle and In-line Skating Helmets

These products are designed to protect against one major impact. It is not recommended to resell these items.

Bunk Beds

The top bunk should have guardrails on all sides of the bed.
The ladder should be in good condition and securely attached to the bed.
Check to make sure that the frame of the bed is solid.
Check the welds on metal bunk beds where the bed frame is fixed to the structure. Metal bunk beds with weld cracks should not be sold.
Check for a label that indicates that the bunk bed meets the requirements of the current ASTM International bunk beds standard.

Drawstrings on Children's Clothing

Drawstring on waist of clothing getting caught on a school bus

Drawstring on the head area of a sweater

Drawstrings or cords on children's snowsuits, jackets, and sweatshirts can become caught on playground equipment, fences, or other objects and result in strangulation. If a drawstring is caught on a vehicle, the child can be dragged.

Check all children's clothing for drawstrings.
All drawstrings should be removed from the head and neck area of children's clothing.
For clothing with drawstrings at the waist:
- remove the drawstring completely; or
- cut the exposed drawstring ends to 8 cm (3 in) in length on each side when the waist of the garment is fully stretched.
- If the drawstring is one continuous string, securely stitch it into place.
Make sure the end of the drawstring is free of knots, loops or toggles, which can also become caught.

High Chairs

A label containing the following information should be permanently affixed to the product:
1. name and address of manufacturer;
2. model name or number;
3. date of manufacture.
A safe chair is stable and has a wide base to reduce the risk of tipping.
Ensure that there is a restraint system that consists of a strap which fits between the child's legs and a waist belt that is easy to fasten. The restraint system should be in good condition.
Ensure all latching and locking mechanisms found on the product are in good working order.
Exposed wooden or plastic parts must be smoothly finished and free from splits, cracks, or other defects.
Product must be in good condition and have no loose parts which pose a choking hazard to a child.
Check for a label that indicates that the high chair meets the requirements of the current ASTM International high chairs standard.

Infant Bath Seats and Bath Rings

It is not recommended to resell these products because the suction cups or other means to attach them to a tub can be ineffective.

People may believe that these products are safety devices and that the product will keep an unsupervised baby safe in the tub. However, this is not the case since many babies have died when they were left alone in a bath seat or bath ring, even for seconds.

Reselling infant bath seats or bath rings can be especially dangerous because any warnings and/or instructions that could have alerted a caregiver of the serious drowning hazard related to these products may be out of date or missing entirely.

Three types of infant bath seats: seat with suction cups, ring with suction cups, and seat with an arm that attaches to the side of the bathtub

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Portable Bed Rails

Bed rails are used on standard beds to keep children from falling out of the bed. Children who are younger than the manufacturer recommends can suffocate between the bed rail and the mattress.

Used bed rails should not be sold if they are damaged or if they are missing safety labels that state the recommended ages.

Check for a label that indicates that the portable bed rails meet the requirements of the current ASTM International portable bed rails standard.

Window Blinds

Children can strangle on cords and bead chains of blinds and curtains. A looped cord can act as a noose and long pull cords can wrap around a child's neck.

Blinds or curtains with pull cords should not be sold unless they have:

tension devices attached to any looped pull cord;
devices on the pull cords to stop the inner cords from being pulled out; and
labels with instructions to keep pull cords out of the reach of children.

Information on Product Recalls

Consumer Product Recalls: www.healthcanada.gc.ca/cps-recalls
Canadian Car Seat Recalls are posted by Transport Canada: www.tc.gc.ca/roadsafety/safedrivers/childsafety/notices/menu.htm
Recalls from the United States regarding consumer products from the Consumer Product Safety Commission (CPSC) are available on: www.cpsc.gov/cpscpub/prerel/prerel.html

Visit the Web site of the product manufacturer or distributor to learn if the item in question has been recalled.