Product Defect Reporting - What is industry's responsibility?
Panel Discussion ICPHSO Florida Thursday February 24th 2011
ICPSC Panel Discussion during ICPHSO Florida Thursday February 24th 2011
The ICPSC organized a Panel discussion on Mandatory Reporting of Product Defects during the 17th ICPHSO Annual Meeting and Training Symposium. The meeting was held from the 22nd of February through the 25th. The ICPSC panel discussion took place on Thursday the 24th during CPSC Day when the activities of the US Consumer Product Safety Commission were to the fore.
The session was intended to deal with the obligations of products to report to enforcement agencies defects associated with their products. The regulators on the Panel came from the US Consumer Product Safety Commission and the European Commission whose reporting obligations have been in place for some time now and from Canada and Australia who are in the process of implementing new obligations.
The reporting requirements from the four jurisdictions were presented in a comparative manner with the focus on different aspects of the reporting process. The speakers examined what triggers the need to report; who is required to report; what are the timelines for reporting; what the elements of a report are and what is done with the information afterwards - how is it analyzed and used for determining if any corrective action is required.
Stakeholders had an opportunity to reflect on their practical experience dealing with products sold around in different jurisdictions around the globe.
The presence of regulators from around the world provided an excellent opportunity to compare and contrast the different reporting obligations leading to better understanding of the challenges industry faces doing business around the world.
A mandatory reporting requirement has been introduced under the new Australian Consumer Law that came into force on the 1st of January 2011. A new web-site www.productsafety.gov.au provides extensive information on product safety in Australia. An explanation of the mandatory reporting requirement, guidelines and a reporting form can be found on the new web-site.
Canada
The recently adopted Canada Consumer Product Safety Act (CCPSA) introduces mandatory reporting requirements (section 14). Industry Guidelines are under development. Further information on the CCPSA can be found here.
European Union
The revision of the General Product Safety Directive in 2001 introduced a reporting requirement (Article 5(3)). Operational Guidelines and a Business Application that facilitates online reporting can be found on the European Commission's Web-Site.
USA
The United States has the longest established reporting requirement of the four jurisdictions. This is contained in Section 15 (b) of the Consumer Product Safety Act. Extensive information including guidance and an online reporting form is available on the CPSC Web-Site.