Proposed safety rules lack preventative measures, critics say

CARLY WEEKS

From Tuesday's Globe and Mail

Toys, food and drugs coming into Canada may soon be subject to sweeping new regulations designed to protect consumers from the types of problems that led to massive product recalls last year.

But some groups closely watching the process say the changes may not result in significant improvements and could erode the federal government's authority in some areas, such as pharmaceuticals.

In the wake of numerous recalls last year, the federal government faced criticism over its inability to prevent toys with high lead levels from making it onto shelves in the first place. In response, it promised much tougher measures to fix safety gaps.

However, many of the proposed changes focus on dealing with problems after they've been detected, such as issuing larger fines to companies that sell hazardous products. The government would also have the power to pull goods off store shelves once a problem had been identified.

While those measures are an improvement, they seem too focused on damage control, said Michael McBane, co-ordinator of the Canadian Health Coalition.

"They'll [the government]manage the damage after the fact, but they refuse to protect us from getting those problems in the first place," he said.

For instance, under the government's proposed law to police product safety, federal health officials still won't be required to conduct any pre-market testing. Instead, the government is proposing a "general prohibition" against the creation, sale, import or advertisement of dangerous goods.

"There are a number of concerns about what they're doing and how they're doing it," said Peggy Ireland, a member of the board of directors at the Consumers' Association of Canada who has been involved in the government consultation process.

Some members of the industry, however, say the changes will improve the system and provide incentives for companies to be mindful of the law.

"I just think that it will enhance the current system that's in place," said Shannon Coombs, president of the Canadian Consumer Specialty Products Association. "It will encourage the people who operate outside the law to be good corporate citizens."

The new legislation is expected to be tabled soon, and will set out the changes and new powers the government is seeking in greater detail.

The changes are expected to include an overhaul of the decades-old Food and Drugs Act and a new Canadian Consumer Product Safety Act to "modernize" the country's safety regime.

Some of the proposed changes are included in a discussion plan published by Health Canada, which was open for public comment until last Wednesday. In it, the government highlighted several new measures it hopes to introduce to improve safety of consumer products, food and drugs. These include providing new guidance to industry to reinforce product safety; creating new authorities that require suppliers to report health- and safety-related product defects and adverse incidents; and strengthening the government's authority to verify food safety before it's imported into the country.

The government also plans to increase information sharing with China and wants to identify potentially harmful products before they enter Canada. While it sounds good on paper, Ms. Ireland said, she's worried the government won't provide necessary funding increases to Health Canada, the Canadian Food Inspection Agency and other departments to ensure the changes become reality.

"They haven't specified how they're going to pay for all this," Ms. Ireland said. "The government has a bad habit of changing regulations but not providing any funding to accomplish it."

The most troubling changes concern the government's proposed approach to the way new drugs are approved, Mr. McBane said. Under a proposed "progressive licensing" system, the federal government would allow some breakthrough drugs on the market faster, without the type of safety data normally required. The government would then monitor the drug after it's on the market.

Mr. McBane said a progressive licensing system will erode drug safety and result in serious risks to consumers.

"The substance of the change is to lower safety standards," he said. "Rather than take the time to review the drug to ensure its safety, they speed it up under the guise of progressive licensing."

Health Canada declined to provide any details about the consultation process or updates to the law.

Although many details of how these laws will be enforced won't be available until regulations are published, one major industry group said it believes the government is taking the right approach.

"We don't necessarily see it being overarching or difficult to comply with. We think they're trying to take a targeted risk-based approach," said Blake Johnston, vice-president of government affairs for Food and Consumer Products of Canada.

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