July 13, 2010

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By Product Safety Letter staff

The Organisation for Economic Co-Operation and Development (OECD) is moving forward on a project to increase information sharing on product safety issues. The effort by a newly formed working group will cover issues ranging from sharing recall notices among participating nations to creating a way to cooperate internationally on product tracking. The details of the plan are explained in the current edition of our premium sister publication, Product Safety Letter. However, in an index of OECD's recent report for the effort, the group gives a good overview of the information-sharing ability and restrictions of 17 jurisdictions in the Americas, Asia, and Europe.

Being aware of understanding theses mechanisms is important to any product safety stakeholder, so below, reproduced verbatim is OECD's summary of those systems.

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EXAMPLES OF DOMESTIC INFORMATION-SHARING MECHANISMS

Following are summaries of information-sharing mechanisms in a number of OECD and non-OECD economies. The summaries are based primarily on material contained in responses to the OECD survey.

Australia

Information about emerging hazards, bans and standards is shared between the Commonwealth and State and Territory Ministries responsible for regulatory development and enforcement, as well as New Zealand consumer product safety agency. It is mainly exchanged using web-based tools, such as AUZSHARE and the Product Safety Regulator's Extranet, and through regular teleconferences and face-to-face meetings.

The ACCC established an Emerging Hazards Clearinghouse at the beginning of 2010 to help ensure that emerging hazard risks are systematically identified, quickly prioritised and categorised and appropriately addressed. The Clearinghouse offers an improved capacity for regulators to share emerging hazard information, thereby helping to improve the consistency and efficiency of regulatory responses.

Canada

Health Canada is a federal department responsible for the co-ordination of consumer product safety initiatives at the national level. It shares data on recalls and incidents with provincial authorities on an ad hoc basis. Its Consumer Product Safety Bureau collects consumer complaints and incident data from a variety of sources, including consumer, business and media reports. In addition, the Public Health Agency of Canada co-ordinates the Canadian Hospitals Injury Reporting and Prevention Program (CHIRPP). This is a computerized information system that collects and analyses data on injuries to people (mainly children) from a number of hospitals.

Chile

Information-sharing mechanisms comprise informal working groups formed by different public and private entities. They focus on non-food and food-related product safety issues. In addition, formal networks focusing on food, drugs, drugs surveillance and the use of dangerous chemicals, have been established. These include the Toxicology Alert and Information Network (RITACHILE), the National Centre for Drugs Information and Surveillance (CENIMEF) and the Chilean Agency for Food Innocuousness.

RITACHILE harmonizes registries from toxicology consultations (e.g., laboratories, clinics, antidotes banks and investigation centres) on a web-based system that automatically identifies responsible persons in case of a chemical alert or accident.

In Chile, different actors are responsible for non-food product safety. In general, National Consumer Service is the entitled authority; however particular responsibilities rely on specific regulators (for instance, the Electricity and Fuels Superintendence is in charge of the electric supplies). Each authority has its own resources and background. Upon that, SERNAC is currently beginning and leading a project of coordination and systematisation of the existing information under international criteria, in order to ensure a formal and fluid information exchange between the different actors involved, as well as to simplify management and common initiatives. The non-governmental organisations are also involved in the information-sharing mechanisms (e.g. the Toxicology Alert and Information Network (RITACHILE) or the Centre of toxicological investigation CITUC.)

Concerning the non-food products, Chile there are successful experiences under non-governmental organisation such us: CENIMEF's main objective is to provide information about drugs to health professionals and to the public. It also monitors and evaluates adverse reactions related to the use of drugs. The health centres that form this network have access to scientific and regulatory information, as well as to technical support.

China

The General Administration of Quality Supervision Inspection and Quarantine of China (AQSIQ) plays an important role in gathering product safety information on domestic and internationally traded products. Other government agencies deal with specific product safety issues according to their functions and responsibilities, for example, the Ministry of Health is responsible for gathering data on consumer injuries and the Administration for Standardisation takes care of the development and implementation of domestic standards. Sources of information include inspections, consumer complaints and notifications from abroad.

Efforts are being made to strengthen domestic and cross-border information-sharing mechanisms, in order to facilitate the rapid exchange of information on products posing serious risks to the health and safety of consumers.

Czech Republic

The Ministry of Industry and Trade and the Ministry of Health take leading roles in co-ordinating consumer product safety work. Within the ministries, there are dedicated working groups focusing on specific topics, such as toys or the implementation of the EC General Product Safety Directive. The information is shared not only between the ministries but with businesses and consumer organisations and customs authorities. The information exchange is facilitated through announcements in journals (e.g. DTest, SOS Magazine), and on the websites of governmental and non-governmental bodies. Moreover, joint seminars and educational workshops are held and joint control activities are carried out.

Denmark

In Denmark, information is exchanged among senior government officials and with other countries through the EU RAPEX system. Also, some authorities share information with their counterparts informally when the responsibility for a product is shared by several authorities. Information about unsafe toys, for example, is provided to the Environmental Protection Agency (EPA) for chemicals and the Danish Safety Technology Authority (SIK) for non-chemicals. Improvement in the approach to national product safety issues is being pursued through a new Market Surveillance Council, in which the SIK plays an important role.

European Union

Among the 27 EU Member States, the three EFTA/EEA countries and the European Commission, product safety information is exchanged on consumer products through a system called RAPEX. The system does not extend to food, pharmaceuticals and medical devices as these are covered by other mechanisms. The RAPEX system provides for the (mandatory) rapid exchange of information on measures taken in Member States to prevent or restrict the marketing or use of products posing a serious risk to the health and safety of consumers. It can be used to circulate also other information on products presenting moderate risk to consumers (and since 2010 it also contains notifications of products other than consumer products as well as certain other risks). The European Commission makes publicly available on its website a weekly overview of the dangerous products reported by the national authorities.

Estonia

The Market Surveillance Council was established under the Ministry of Economic Affairs and Communications in 2004, to co-ordinate the work of market surveillance authorities dealing with product safety issues. The objective of the Council is to promote co-operation among the different authorities which are responsible for ensuring the safety of products. The Council is chaired by the Deputy Secretary General of the Ministry; its members include all market supervisory authorities, including the Consumer Protection Board (CPB) (which hosts a publicly available website containing information on dangerous products). Council meetings take place twice a year. In addition to the CPB, the Technical Surveillance Authority, the Health Board, the Estonian Tax and Customs Board are involved in information exchanges.

France

In France, information is exchanged among public authorities in formal and informal manners. The Group on Exchanges of Material and Information on Accidents (CEDIAC) gathers stakeholders together several times per year, to discuss the principal measures that have been adopted and ongoing plans related to injury prevention. In addition, protocols facilitating exchanges of information were set up among various national authorities, including the General Directorate of Competition, Consumption and the Suppression of Fraud (DGCCRF), the General Directorate of Customhouses and Indirect Rights (DGDDI) and the French Agency of Health Security of the Products of Health (AFSSAPS).

Information on product safety is made available to the public on a single web platform (http://www.stopauxaccidentsquotidiens.fr) which pools information from a number of national bodies, including the DGCCRF, the Commission for the Security of Consumers (CSC), the General Directorate of Health (DGS) and the National Institute of Consumption (INC). In addition, the health agencies, such as the National Institute of Prevention and Education for Health (INPES) and the Institute of Health Wakefulness (INVS), provide information on everyday life accidents.

Israel

The Ministry of Industry, Trade and Labour, with its affiliated bodies (such as the Standards Institution of Israel and the Consumer Protection Administration), is in charge of market surveillance and product conformity to mandatory standards of non-food consumer products. They are currently developing methods to facilitate systematic data collection and harmonise parts of its legislation and standards with those of the European Commission under the Agreement on Conformity Assessment Acceptance of Industrial Products. Under the new regime, it is anticipated that there should be relatively few obstacles to information exchange, either domestically or internationally. The main challenge will likely be the need to preserve confidentiality where required by law or matters of commercial interests.

Apart from the governmental bodies, Israeli non-governmental organisations are involved in the data collection process. They provide injury information on children entering selected hospitals through the BETEREM- Safe Kids of Israel programme.

Korea

The Korean Consumer Agency (KCA) and the Korean Agency for Technology and Standards (KATS) are mainly responsible for consumer product safety issues. The KCA provides information to consumers, issues safety alerts, proposes corrective measures to manufacturers, and suggests corrective measures and system improvements to the central and local governments. KATS focuses accident and recall information on electrical equipment and industrial products. The two authorities co-ordinate with other relevant bodies, such as hospitals, fire stations and the Korean Customs Service in exchanging information on injuries and unsafe products. In addition, there are provisions for sharing information with foreign governmental agencies.

Mexico

The Consumer Protection Federal Agency of Mexico (PROFECO) is about to launch a Rapid Alert System in order to issue recalls of products or food that may pose a risk to the life, health and safety of consumers. Information will be made available on an official website. The main objective of the system is to provide a mechanism for sharing information on hazardous products at national level so that corrective actions can be taken by the relevant authorities. The information is seen as being useful not only to Mexican authorities but also for the private sector and consumers. The system will facilitate information sharing with other rapid alert systems.

Slovenia

Working methods and co-operation arrangements are governed by regulations which establish information exchange procedures among national enforcement authorities and the exchange of information through the EU RAPEX system. An additional regulation defines the way of notifications to the competent authorities of dangerous consumer products and voluntary measures taken from producers and distributors. Some kinds of information on dangerous consumer products are published on government websites. In addition, the Slovenian General Product Safety Act established an Advisory Board which deals with information sharing on consumer product safety issues. Its 15 members include the representatives of the administrative authorities, interested consumer organisations and the chamber of commerce.

Sweden

In Sweden, a number of agencies administer their own data collection and information-sharing systems; these include, for example, the Swedish Poisons Information Centre and the Swedish Civil Contingencies Agency. Co-ordination is generally carried out on an informal basis, with information being exchanged on an ad hoc basis. Overall co-ordination is overseen by the Swedish Board for Accreditation and Conformity Assessment (SWEDAC), which co-ordinates market surveillance activities and data gathering under the auspices of the Market Surveillance Council.

Chinese Taipei

At the domestic level, the Bureau of Standards, Metrology and Inspection (BSMI) under the Ministry of Economic Affairs has an electronic information-sharing mechanism through which it exchanges information with customs authorities on imported products which are subject to inspection. The BSMI also exchanges non-confidential information on specific unsafe consumer products with other institutions. In addition, the Consumer Protection Commission frequently exchanges documents and holds meetings with other agencies on unsafe products.

Turkey

The Market Surveillance Coordination Board, chaired by the Under-Secretariat of Foreign Trade, plays a leading role in the co-ordination of market surveillance activities in Turkey. The Board's meetings bring together regional market surveillance authorities, the Customs Authority, consumer organisations and business representatives, to discuss the product safety issues. The Board can also take advisory decisions about market surveillance activities.

United States

The Consumer Product Safety Commission (CPSC) is the agency responsible for ensuring consumer safety in the US market. It does so, in part, by gathering data from a number of sources, including consumers, firms, customs authorities and foreign counterparts.

Whereas some kinds of information can be made available to the public, other information can only be shared under a binding nondisclosure agreement with government parties. This is due to US federal law which restricts the manner in which information may be released outside the agency and the type of information. In accordance with the legal requirements, investigatory information is restricted. Also, some information on market surveillance actions or on emerging product safety hazards may be restricted when the matter is being prepared for a Commission for a vote or if it would signal unannounced enforcement activity.

Memoranda of understanding facilitate the sharing of general, but not case-specific, information with foreign regulators. CPSC operates a comprehensive and well utilised public information website that provides information about product recalls, standards, and some test results; the agency also supports several social media sites.