REGULATORY NEWS FOR THE WEEK OF JANUARY 2, 2023

• New weekly feature

Happy New Year! We noted some trends during 2022 as we have helped many entrepreneurs bring new products to market. This has prompted us to create this new weekly feature. For the month of January 2023, we will feature different topics regarding deceptive marketing practices. Many brand owners, importers and suppliers are not aware that compliance requirements go well beyond the label and include any printed or electronic ads (your websites), written or oral presentations and illustrations. Complying with labelling requirements for any given regulation is only the bare minimum. This week we’re featuring the topic of False and Misleading Representations that is covered in Section 52 of the Competition Act.

Did you know it is against the law to make materially false or misleading representations to promote a product, service or business interest? A representation is “material” if the general impression it conveys leads someone to take a particular course of action, like buying or using a product or service. A “representation” refers to any marketing material, including online and in-store advertisements, direct mail, social media messages, promotional emails, and endorsements, among other things. The most common marketing claim we see is the use of the term: “not toxic”.  Buyers are naturally attracted to products that are safe and cause no harm. When using this term you must have scientifically credible test reports performed under Good Laboratory Practices proving that the product is not toxic, that is safe and will not cause harm. Case in point: Many believe that Propylene Glycol is not toxic; however, although it is not toxic to humans Propylene Glycol is extremely toxic to pets. Other examples are using the term “not toxic” yet the product meets one or more health hazard classification criteria. “Not toxic” implies that the product is safe and there will be no harm to users.

Did you know that using false claim can lead to significant penalties, including product recall, stop sale order and financial penalties of $750,000 for first offenders and $10 Million for Corporations? Next week we’ll delve into performance claims.

• Generating Compliance Units under the VOC Trading Systems

To generate compliance units under the Volatile Organic Compound Concentration Limits for Certain Products Regulations Compliance Unit Trading System (CUTS) for products that have been reformulated at concentrations below the regulatory limits, a company must have submitted a notice of intent to generate compliance units between January 1, 2023 and October 1 of the first year in which they want to earn compliance units, and submit a report by March 1 of the following year. Companies will be issued compliance units within 60 days of a complete report. Compliance units are valid for 2 years beginning on January 1 of the year following the calendar year in which they are generated.  For example, credits generated in 2023 will be available for use or trade in 2024 and 2025. Please contact us should you have any questions or need assistance.

• Web Pages Feature New Era of Smarter Food Safety Core Elements

The US Food & Drug Administration (FDA) is taking a new approach to food safety, leveraging technology and other tools and approaches to create a safer and more digital, traceable food system.

• Toy-Related Injuries: a new data blog

The holiday season is a joyful time where children receive a variety of gifts, some of which may be toys. While toys provide entertainment and fun, they can also cause or contribute to injuries, among children and youth aged 17 years and younger. The data blog titled Toy-Related Injuries showcases which toy category cause the most toy-related injuries in children and youth. Data found the most injuries across all age groups are from riding toys and/or scooters.

• FAO is seeking feedback on what should be taught to students about food safety

FAO is conducting a survey to determine the most important topics that should be included in undergraduate training programmes in food safety. Welcome the survey on undergraduate food safety curriculum.  As an expert in this discipline, your opinions are very important to us and highly valued.  It is expected that it will take approximately 15 minutes.

• British Columbia has new slide show on the risks of riding as a passenger on a forklift

Riding as a passenger on a forklift is prohibited in most cases. It can expose workers to risks such as falling off, being struck by objects, or being crushed between the forklift and another object.

• Ontario introduces new Inspection Initiative for occupational disease among workers

From January 4 – March 31, 2023, inspectors will begin a Respiratory Protection Initiative, looking at what employers are doing to protect their workers from airborne exposures. Employers must understand what respiratory hazards are present in their workplace so they can implement controls.

• Nova Scotia introduces new regulations for commercial vehicles

New regulations for commercial vehicles that will improve safety and align Nova Scotia with federal requirements will take effect January 1. Drivers of federally regulated commercial buses and trucks will need to have an electronic logging device which will help them accurately record their driving time. Having this device will make drivers compliant with this requirement in the federal Commercial Vehicle Drivers Hours of Service Regulations.

• New Chemical Incident Data and Calls for Increased Attention During Winter Period

The U.S. Chemical Safety and Hazard Investigation Board (CSB) released data on chemical facilities need to be prepared for safety challenges posed by cold weather.  Water freezing and expanding can crack or break pipes, damage equipment or cause instrumentation to fail.  From October 1, 2022, through December 26, 2022, 36 events were reported to the CSB, 8 of which occurred this past holiday weekend. This is more than double the number of events for the first three months of the previous two fiscal years – October-December of 2021 (16 events) and 2020 (14 events).  Reportable events involve an accidental chemical release resulting in a fatality, serious injury, and/or substantial property damage.

• FDA Releases 2022 Food Code

The U.S. Food and Drug Administration (FDA) today issued the 2022 edition of the FDA Food Code, which provides guidance to state and local authorities and retailers to help mitigate foodborne illness risks at retail and provide a uniform set of national standards for retail food safety.

• Final Rule Published for Uniform Compliance Date for Food Labeling Regulations

The Food Safety and Inspection Service (FSIS), U.S. Department of Agriculture (USDA) is establishing January 1, 2026, as the uniform compliance date for new meat and poultry product labeling regulations that will be issued between January 1, 2023, and December 31, 2024. FSIS periodically announces uniform compliance dates for new meat and poultry product labeling regulations to minimize the economic impact of label changes.

• VQIP Application Set to Open January 1, 2023

On January 1, 2023, the U.S. Food and Drug Administration (FDA) will open the Voluntary Qualified Importer Program (VQIP) application portal for fiscal year (FY) 2024. VQIP is a voluntary fee-based program that provides importers, who achieve and maintain control over the safety and security of their supply chains, the benefits of expedited review and importation of human and animal foods into the United States.

• FDA Issues Final Guidance on Best Practices for Convening a GRAS Panel

The U.S. Food and Drug Administration (FDA) issued a final guidance titled Best Practices for Convening a GRAS Panel. Although in most cases general recognition of safety can be supported without convening a GRAS panel, this guidance provides information to those assembling a panel of experts (“GRAS panel”) to evaluate whether there is general acceptance among the scientific community that the publicly available scientific data and information demonstrate that a substance is safe under the conditions of its intended use in human or animal food.

• Request for Information on the Regulation of Biotechnology

The White House Office of Science and Technology Policy (OSTP) — in coordination with the U.S. Food and Drug Administration (FDA), U.S. Environmental Protection Agency (EPA), and U.S. Department of Agriculture (USDA) — announced a request for information related to the Coordinated Framework for the Regulation of Biotechnology. This action requests relevant data and information to help identify regulatory ambiguities, gaps, inefficiencies, or uncertainties in the Coordinated Framework for the Regulation of Biotechnology. The request for information seeks case studies and other data that relate to new and emerging biotechnology products.

• Request for public comments on the Benzene Standard

The Occupational Safety and Health Administration (OSHA) solicits public comments concerning the proposal to extend the Office of Management and Budget’s (OMB) approval of the information collection requirements specified in the Benzene Standard. Comments must be submitted (postmarked, sent, or received) by February 27, 2023.

• Designation of Agents, Motor Carriers, Brokers and Freight Forwarders

The Federal Motor Carrier Safety Administration (FMCSA) requests approval to renew an ICR titled “Designation of Agents, Motor Carriers, Brokers and Freight Forwarders,” OMB control number 2126-0015. This is necessary to provide motor carriers, property brokers, and freight forwarders a means of meeting process agent requirements. Comments on this notice must be received on or before January26, 2023.

• EPA Publishes Stringent New Truck Emissions Regulations

On December 20, 2022, EPA adopted a final rule, “Control of Air Pollution from New Motor Vehicles: Heavy-Duty Engine and Vehicle Standards,” that sets stronger emissions standards to further reduce air pollution, including pollutants that create ozone and particulate matter, from heavy-duty vehicles and engines starting in model year 2027.

• Australia’s requirements for the use of Canadian Assessment Outcome Report

If you wish to use a Canadian report to support your ‘comparable hazard’ certificate application, the Canadian notifier must get authorisation from Environment and Climate Change Canada.

• European consultation on proposed restriction of bisphenol A and other bisphenols

Germany has submitted a proposal to restrict the placing on the market of mixtures and articles containing bisphenol A, other bisphenols and bisphenol derivatives (BoSC – BPB, BPS, BPF and BPAF) with endocrine disrupting properties for the environment. This consultation is open from 21 December 2022 to 22 June 2023 (23:59 Helsinki time).

• European consultation on proposed restriction of creosote and creosote-related substances

France has submitted a proposal to restrict the placing on the market, re-use and secondary use of wood treated with creosote or creosote-related substances. This consultation is open from 21 December 2022 to 22 June 2023 (23:59 Helsinki time).

• REACH guidance on intermediates updated

The update revises the definition of an intermediate in Appendix 4, following the judgment of the EU’s Court of Justice on acrylamide. The revised Appendix 4 was endorsed by the competent authorities for REACH and CLP in June 2022 following a revision process, which involved Member States, the European Commission and ECHA.

Safety Share

• Hand washing and sanitizing is more important than ever

Prevent infection with soap and water. Print out this poster and place at all wash stations.

• “That was close”: 5 things to examine after a near miss

A near miss is an incident in which there is no injury or property damage, but, given a slight shift in time or position, injury or damage could have occurred.

• Some Imported Dietary Supplements and Nonprescription Drug Products May Harm You

If you buy imported products marketed as “dietary supplements” and nonprescription drug products from ethnic or international stores, flea markets, swap meets or online, watch out. Health fraud scams abound. Health scammers often target advertising to people who prefer to shop at nontraditional places, especially those who have limited English proficiency and limited access to health care services and information.

Have an event you would like to share? Please send details to [email protected].

• Emergency Response/Emergency Preparedness – January 23, 2023 10:30-12:00 pm ET

Are you prepared for emergencies? Join WSPS for a discussion about emergency preparedness and how you can ensure you are ready.

• Guelph Organic Conference – January 28-29, 2023 – Guelph, ON

The Guelph Organic Conference will be returning in 2023 for a hybrid in-person and online event, now hosted by the Organic Council of Ontario (OCO).

• Hazards & Risks: An Introduction – February 2, 2023 – 10:30- 12:00 ET

Learn more about the RACE process of hazard recognition or identification, risk assessment methodologies, control options, and the importance of evaluating the effectiveness of controls, and learn the value of a coordinated hazard identification and risk assessment system.

• Alberta Chemistry and Plastics Day – Save the Date February 22, 2023

Alberta Chemistry and Plastics Day is an annual event designed to build dialogue on common issues, better understand industry and government positions, and get to know new participants from both industry and government.

• The Future Of Food Safety: Everyone Has A Seat At The Table – March 1-3, 2023 Crystal City, VA

The 2023 Consumer Food Safety Education Conference (CFSEC) will bring answers and clarity to questions like this and more. While the science behind safe food handling and hand hygiene guidance hasn’t changed, the way people are sourcing their food, experiencing their food and receiving information is changing.

• Bakery Showcase Trade Show & Conference – May 14-15, 2023 – Vancouver, BC

Take this opportunity to mark in your calendars next years Bakery Showcase, May 14, 15 2023 in Vancouver BC.

• The CCOHS Forum is Back -September 26-27, 2023 – Halifax, NS

There is no other health and safety event like this in Canada. Make a plan to join us for this two-day national event that will bring together leaders, change makers, and subject experts representing government, labour, and workplaces, to share their knowledge and experience around current and emerging health and safety issues.