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EXTRA Vol. 137, No. 9Canada Gazette Part II OTTAWA, THURSDAY, OCTOBER 9, 2003 Registration HAZARDOUS PRODUCTS ACT Order Amending Part I of Schedule I to the Hazardous Products Act (Yo-yo type balls)P.C. 2003-1504 2 October, 2003 Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to subsection 6(1) (see footnote a) of the Hazardous Products Act, being satisfied that certain 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 I of Schedule I to the Hazardous Products Act (Yo-yo type balls). ORDER AMENDING PART I OF SCHEDULE I TO THE HAZARDOUS PRODUCTS ACT (YO-YO TYPE BALLS) AMENDMENT 1. Part I of Schedule I to the Hazardous Products Act (see footnote 1) is amended by adding the following after item 2: 3. Yo-yo type balls and similar products made of a soft and pliable material and consisting of at least a ball or an object of any other shape that is attached to a stretchable cord, whether or not of the same material, that is capable of extending to at least 500 mm in length. 2. This Order comes into force on the day on which it is registered. REGULATORY IMPACT (This statement is not part of the Order.) Description The purpose of this initiative is to protect children against the strangulation hazard posed by yo-yo type balls and similar products. This can be accomplished by prohibiting the advertising, sale and importation of yo-yo type balls and similar products in Canada. Yo-yo type balls and similar products are made of a soft, extremely pliable plastic and consist of a liquid-filled ball attached to a stretchy plastic cord that has a finger loop at its end. The toy presents a strangulation hazard due to the highly stretchable plastic cord which, when swung overhead, stretches to a great length because of the weight of the ball at its end. When the toy is swung overhead, as children like to do, the stretched cord can rapidly become wrapped around a child's neck, and, as the cord recoils, it tightens. The resulting tight wrap and the sticky quality of the plastic cord makes it very difficult to remove, this may lead to injury or strangulation of a child. To date, Health Canada (HC) has received 20 complaints of near miss strangulation of children because the cord of the yo-yo type ball or similar product became wrapped around their neck numerous times. In 90% of these cases an adult was required to remove the cord from the child's neck. The Hazardous Products Act (HPA) 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 the authority of the HPA, the Hazardous Products (Toys) Regulations were introduced in 1970 to protect children from hazardous toys. The strangulation hazard posed by yo-yo type balls and similar products is not covered under the Hazardous Products (Toys) Regulations; therefore, banning the yo-yo type balls and similar products from being advertised, sold and imported in Canada is the only efficient and rapid legal solution. Alternatives 1. To continue with information programs: Two warnings (May 13, 2003 and August 1, 2003) have been issued by HC to advise consumers about the hazard associated with yo-yo type balls and similar products, and to advise consumers to avoid purchasing the toys and to safely discard any that they have in their possession. Despite these warnings, near miss strangulation incidents continue to be reported to HC. Information programs alone have not been effective, and this option was rejected. 2. To continue with the voluntary approach: Despite the May 13, 2003, letter that was sent to more than 1,800 relevant importers, distributors and retailers advising the industry of the hazard and requesting the removal of the toy from the marketplace, the yo-yo type balls and similar products are still being sold and were being given away at fairs and exhibitions. For this reason, the voluntary approach option was rejected. 3. To amend the Hazardous Products (Toys) Regulations: Consideration was given to amending the Hazardous Products (Toys) Regulations such that the strangulation hazard associated with yo-yo type balls and similar products could be regulated. However, a ban on yo-yo type balls and similar products was found to achieve the same end more efficiently and effectively. Benefits and Costs There are no substantive incremental costs to society as a result of this Order. There are no producers of yo-yo type balls and similar products in Canada. The ban of yo-yo type balls and similar products will have an effect on importers, distributors and retailers as they will not be able to sell existing stock, thus the costs to trade would be those incurred in the purchase of any product that has not been sold at the time the prohibition comes into force. However, the majority of relevant trade was made aware of the potential for prohibitory action regarding the yo-yo type balls and similar products as early as May 2003, when they were asked to remove the product from the marketplace. Therefore, trade with significant numbers of existing stock would likely have been aware of the financial risk they were taking at the time the product was purchased. The ban will reduce the risk of severe injury or death posed to children which outweighs the cost to the trade. Consultation The importers, distributors and retailers have been alerted to the hazards posed by yo-yo type balls and similar products and HC has advised that these hazardous products be removed from the marketplace. The ban of yo-yo type balls and similar products would be anticipated by the trade. Compliance and Enforcement Compliance and enforcement of the ban of yo-yo type balls and similar products will follow Departmental policy and procedures, including inspection at retail, and follow-up on consumer and trade complaints. Action taken for not complying with the ban will range from negotiation with traders for the voluntary withdrawal of these products from the market to prosecution under the HPA. Contact
Hélène Paradis
R.S., c. 24 (3rd Supp.), s. 1 R.S., c. H-3 |
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