Industry Guide to Second-hand Products (Including Children's Products)

Table of contents

Introduction

This document provides information about the safety requirements that apply to consumer products, including used or second-hand products that are manufactured, imported, advertised or sold in Canada.

This document is an unofficial summary of, and general guidance respecting, the safety requirements for second-hand products. It is not intended to substitute for, supersede or limit the requirements under the applicable legislation. In case of any discrepancy between this document and the legislation, the legislation will prevail. For further information, contact a Health Canada Consumer Product Safety Office via email (cps-spc@hc-sc.gc.ca) or telephone at 1-866-662-0666 (toll-free within Canada and the United States).

Legislation

Canada Consumer Product Safety Act

The Canada Consumer Product Safety Act (CCPSA) addresses dangers to human health or safety posed by consumer products in Canada.

It is prohibited to manufacture, import, advertise or sell any consumer product that is a "danger to human health or safety" as defined in the CCPSA (see paragraphs 7(a) and 8(a)).

The onus is on industry to comply with the legislation.

The Consumer Product Safety Program administers and enforces the CCPSA and its regulations. Enforcement actions taken by Product Safety Officers on noncompliant products depend on the degree of hazard associated with noncompliance, and include commitment to product correction by industry, negotiation with industry for the voluntary removal of these products from the market, seizure and/or prosecution under the CCPSA. Any person that manufactures, imports, advertises, or sells noncompliant products that result in property damage, injury or death may also be subject to legal liability.

Food and Drugs Act

The Food and Drugs Act (FDA) applies to the sale, import, advertising, packaging and labelling of food, drugs, cosmetics and devices. 

The Cosmetic Regulations are issued under the authority of the FDA.

Radiation Emitting Devices Act

The Radiation Emitting Devices Act (REDA) applies to the sale, lease, import, advertising, packaging, and labelling of radiation emitting devices, including devices used for medical and industrial purposes and those used by consumers. The Act has a general safety requirement for radiation emitting devices, and sets safety performance standards for specific classes of radiation emitting devices.

Safety requirements for second-hand products

Dealers have the primary responsibility under the CCPSA, the FDA and REDA with respect to the safety of consumer products, including second-hand products. The Consumer Product Safety Directorate administers the CCPSA and, as they relate to cosmetics, the FDA and Cosmetic Regulations. The Environmental and Radiation Health Sciences Directorate administers the REDA.

These laws do not distinguish between new and used products. Any person who imports, sells, distributes, or gives away products not complying with the current legislation is breaking the law in Canada.

All cosmetics sold in Canada must meet the requirements of the FDA, the Cosmetic Regulations, and all other applicable legislation.

The REDA covers such items as microwave ovens, UV facial lamps and personal tanning equipment. For second-hand radiation emitting devices to be sold, they must also meet current standards.

Section A of this booklet provides information on consumer products and cosmetics, while Section B provides information on radiation emitting devices.

General recommendations for selling second-hand products

Make sure a product is safe and complies with the applicable legislation. This includes homemade and modified products. If you are unsure, do not sell it and do not give it away. For any product that is to be thrown away, refer to your municipal regulations for proper disposal.

To help make sure that you only handle safe products:

  1. Know and follow the requirements for products that are regulated.
  2. Check to see if a product has been recalled (see "Information on product recalls").
  3. Check that all parts are present, in good condition and function properly.
  4. Make sure assembly, instructions for use or warning labels are provided.
  5. Check to make sure a product is sanitary and free from contamination.

Section A - Consumer products and cosmetics

The Consumer Product Safety Directorate of Health Canada administers legislation pertaining to the safety of many consumer products, including cosmetics. The CCPSA defines "consumer product" as a "product, including its components, parts or accessories that may reasonably be expected to be obtained by an individual to be used for non-commercial purposes, including for domestic, recreational and sports purposes, and includes its packaging."

The FDA defines "cosmetic" as including "any substance or mixture of substances manufactured, sold or represented for use in cleansing, improving or altering the complexion, skin, hair or teeth and includes deodorants and perfumes." This definition includes cosmetics used by professional esthetic services, bulk institutional products, "handmade" cosmetics sold at craft sales or home-based businesses.

General prohibition of unreasonably hazardous products

The CCPSA includes prohibitions on the manufacture, import, advertising or sale of a consumer product that is a "danger to human health or safety." The CCPSA defines the concept of "danger to human health or safety" by the following key elements:

Banned products

In Canada it is illegal to manufacture, import, advertise or sell certain products such as:

Baby walkers

Lawn darts with elongated tips

 

A full list of banned products can be found in Schedule 2 to the  Canada Consumer Product Safety Act (CCPSA).

Regulated products

In addition to the prohibited consumer products found on Schedule 2 of the CCPSA, a number of regulations place requirements on suppliers of specific consumer products. Only items that meet the current regulatory requirements may be sold. Many regulations under the CCPSA and the FDA have specific requirements that labelling be in English and French.

Additionally, before selling a second-hand product, check with the manufacturer, importer or distributor of the product and the Health Canada recall website to see if it has been recalled and if the problem has been or can be corrected. If it has been recalled and the problem has not been corrected or cannot be corrected, do not sell the product. Destroy it so that it cannot be used by someone else, and dispose of it according to your municipal requirements.

The following is a partial list of currently regulated products under the CCPSA and the FDA which fall under the mandate of the Consumer Product Safety Directorate (CPSD). This is a summary of some of the requirements that must be met in order to manufacture, import, advertise or sell these products in Canada; you should confirm the specific requirements by consulting the applicable regulations and ensure that you comply before supplying a product.

Bassinets

Bassinets are products whose main function is to provide a sleeping space for a child, that includes sides to confine the child and that has a sleeping surface area that is less than or equal to 4 000 cm2 (620 in2).

For complete information about the requirements for bassinets consult the Cribs, Cradles and Bassinets Regulations.

Car seats and booster seats

The Restraint Systems and Booster Seats for Motor Vehicles Regulations set out, for the purposes of the CCPSA, several requirements for car seats and booster seats. These Regulations in turn reference Transport Canada's Motor Vehicle Restraint Systems and Booster Seats Safety Regulations. The following discusses some, but not all, of these requirements. You should therefore consult the above-noted regulations to ensure that all the applicable requirements are met.

National Safety Mark

For complete information about the requirements for restraint systems and booster seats consult the Restraint Systems and Booster Seats for Motor Vehicles Regulations.

For further information on car seats, including recalls, contact Transport Canada at 1-800-333-0371 or visit their  Web site.

Carriages and strollers

The Carriages and Strollers Regulations set out several requirements for carriages and strollers. The following discusses some, but not all, of these requirements. You should therefore consult the Regulations to ensure that all the applicable requirements are met.

For more complete information about the requirements for carriages and strollers consult the Carriages and Strollers Regulations.

Children's jewellery

The Children's Jewellery Regulations set out several requirements for children's jewellery. The following discusses some, but not all, of these requirements. You should therefore consult the Regulations to ensure that all the applicable requirements are met.

Lead is a soft, heavy metal which is often used to make inexpensive jewellery. Lead tastes sweet and a child can suffer from lead poisoning if they suck, chew, or swallow jewellery containing lead. Lead is very toxic. Cadmium is also a toxic heavy metal. Children’s jewellery items containing high lead or cadmium levels have been found on the Canadian market.

For complete information about the requirements for children's jewellery consult the Children's Jewellery Regulations.

Children's sleepwear

The Children's Sleepwear Regulations set out several requirements for children's sleepwear. The following discusses some, but not all, of these requirements. You should therefore consult the Regulations to ensure that all the applicable requirements are met.

The requirements for children's sleepwear apply to those products up to a children's size 14X. Children's sleepwear must comply with the Regulations which include specific requirements concerning flammability.

For complete information about the requirements for children's sleepwear consult the Children's Sleepwear Regulations.

Corded window coverings

The Corded Window Covering Products Regulations set out several requirements for corded window coverings. The following discusses some, but not all, of these requirements. You should therefore consult the Regulations to ensure that all the applicable requirements are met.

Window blinds with cords that are cut short and separated from each other, a label, and a tie-down device for a verticle blinds shown

Children can strangle on cords and bead chains of blinds and curtains. A looped cord can act as a noose and long pull cords can wrap around a child's neck.

Blinds or curtains with pull cords should not be sold unless they have tension devices attached to any looped pull cord:

For complete information about the requirements for corded window coverings consult the Corded Window Coverings Products Regulations.

Cosmetics

It is not recommended to sell used, old, or damaged cosmetics as they may contain harmful bacteria that could cause skin rashes or lead to infections. Additionally, second-hand cosmetics may be missing required labelling information, such as ingredients, warnings and directions for safe use.

For complete information about the requirements for cosmetics consult the Cosmetic Regulations.

Cradles

Cradles are products whose main function is to provide a sleeping space for a child, that includes sides to confine the child and that has a sleeping surface area that is greater than 4 000 cm2 (620 in2), but less than or equal to 5 500 cm2 (852 in2).

The Cribs, Cradles and Bassinets Regulations set out several requirements for cradles. The following discusses some, but not all, of these requirements. You should therefore consult the Regulations to ensure that all the applicable requirements are met.

  • The cradle must not rock or swing beyond a 20° angle from the vertical (this requirement aims to help prevent uncontrolled swinging).
  • The gap between the slats must not be more than 6 cm (2 3/8 in).
  • The mattress supplied with the cradle should be in good condition and must be no thicker than 3.8 cm (1 1/2 in) and of such a size that, when pushed firmly against any side of the cradle does not leave a gap of more than 3 cm (1 3/16 in) between the mattress and any part of the cradle's sides.
  • The cradle should be in good condition, for example, with no broken, cracked, missing parts or any loose nuts and bolts. Exposed wood, plastic or similar material must be smooth and free of splits, cracks and other defects; exposed metal must be smooth and free of sharp edges, corners, points and projections.

For complete information about the requirements for cradles consult the Cribs, Cradles and Bassinets Regulations.

Cribs

Cribs are products whose main function is to provide a sleeping space for a child, that includes sides to confine the child and that has a sleeping surface area that is greater than 5 500 cm2 (852 in2).

It is illegal to advertise, import, sell or give away cribs that do not meet the current regulatory requirements. Cribs manufactured before September 1986 likely do not meet these requirements and should therefore not be used. Infants have been seriously injured or have died when placed in a crib made before this date. Also, cribs older than ten years are more likely to have broken, worn, loose or missing parts, and be missing warnings or instructions.

The Cribs, Cradles and Bassinets Regulations set out several requirements for cribs. The following discusses some, but not all, of these requirements. You should therefore consult the Regulations to ensure that all the applicable requirements are met. As of December 29, 2016, the sale, importation, manufacture or advertisement of traditional drop side cribs is prohibited.

Ice hockey helmets and face protectors

The Ice Hockey Helmet Regulations and Face Protectors for Ice Hockey and Box Lacrosse Players Regulations set out several requirements for ice hockey helmets and for face protectors for hockey and lacrosse, respectively. The following discusses some, but not all, of these requirements. You should therefore consult the Regulations to ensure that all the applicable requirements are met.

Ice hockey helmets must meet the performance and labelling requirements of the Canadian Standards Association (CSA) standard Z262.1.

Face protectors for ice hockey must meet CSA standard CAN 3-Z262.2-M78, but it is recommended that these products meet the requirements of the most current CSA-Z262.2 standard for face protectors for use in ice hockey.

CSA certification can be an indication that the helmet or face protector meets the Regulations. An example of how the certification sticker may appear is found below. If in doubt, check the list of CSA certified products.

For complete information about the requirements for ice hockey helmets consult the Ice Hockey Helmet Regulations.

For complete information about the requirements for face protectors for ice hockey and box lacrosse consult the Face Protectors for Ice Hockey and Box Lacrosse Players Regulations.

Playpens

The Playpens Regulations set out several requirements for playpens. The following discusses some, but not all, of these requirements. You should therefore consult the Regulations to ensure that all the applicable requirements are met.

  • The threaded end of bolts accessible to the child must be covered with acorn nuts or other suitable device.
  • Straps, cords, etc. more than 18 cm (7 in) in length cannot be attached to the playpen as they create a strangulation hazard.
  • The playpen should be in good condition.
  • It is recommended that playpen accessories meet the most current requirements found in the American Society for Testing and Materials (ASTM) standard, ASTM F406 - Standard Consumer Safety Specification for Non-Full-Size Baby Cribs and Play Yards.

For complete information about the requirements for playpens consult the Playpens Regulations.

Safety gates and enclosures

The Hazardous Products (Expansion Gates and Expandable Enclosures) Regulations set out several requirements for safety gates and enclosures. The following discusses some, but not all, of these requirements. You should therefore consult the Regulations to ensure that all the applicable requirements are met.

  • The following information must be indelibly printed on or permanently affixed to the gate:
    • name and place of business in Canada of the manufacturer, importer or distributor
    • model name or number
    • date of manufacture
    • warning statements, in English and French, about the intended use, age limits and installation as specified in the Regulations
  • English and French assembly and installation instructions must accompany the product.
  • Any V shaped openings along the upper edge of the gate must have a spacing of 38 mm (1 1/2 in) or less when installed as recommended by the manufacturer.
  • Openings in a gate must be small enough to prevent a child from placing their head through the holes.
  • Every exposed wooden, metal or plastic part must be smoothly finished and free of splinters, burrs, cracks and other defects.

For complete information about the requirements for expansion gates and expandable enclosures consult the Hazardous Products (Expansion Gates and Expandable Enclosures) Regulations.

Toy boxes

  • Toy boxes with lids are required to have adequate openings for ventilation in each of two or more adjacent sides to prevent the suffocation of a child who may become trapped inside. If there is a lid on the toy box, it should be lightweight and have good supporting hinges.
  • Plastic, rubber or similar air-tight storage bins that are large enough to enclose a child cannot be promoted for toy storage.

For complete information about the requirements for toys consult the Toys Regulations.

Toys

The Toys Regulations set out several requirements for toys. The following discusses some, but not all, of these requirements. You should therefore consult the Regulations to ensure that all the applicable requirements are met.

Toys sold in flexible film bags

In addition, the bag must be made from film that is at least 0.019 mm thick, so thin bags such as drying cleaning bags cannot be used.

Toys that emit sound

Toys with magnets

Magnetic attraction is a popular play feature in children’s toys. Certain magnets, such as those that are small and powerful can pose a serious ingestion hazard to children of all ages. If small powerful magnets are swallowed, they can attract across several layers of intestines and cause serious injuries or death.

In 2018, the Toys Regulations were amended to set out several requirements to protect children from this hazard with magnetic toys. The requirements restrict both the size and the attractive strength of magnetic toys and magnetic components of toys. The restrictions apply to toys intended for children of any age, and they include a series of integrity tests to verify that dangerous magnetic components do not separate from a toy or its components when used. Be aware that small powerful magnets may be found in a wide range of toys including: construction sets, puzzles, action figures and dolls, science kits and board games.

Products not subject to product-specific regulations

Bicycle and in-line skating helmets

These products are designed to protect against one major impact. It is not recommended to resell these items.

Bunk beds

Image of metal bunk bed indicating locations where welds should be checked to determine whether the bed frame is fixed to the structure.

Drawstrings on children's clothing

Drawstring on waist of clothing getting caught on a school bus

All drawstrings should be removed from children's clothing. Drawstrings or cords on children's snowsuits, jackets and sweatshirts can become caught on playground equipment, fences or other objects and result in strangulation. If a drawstring is caught on a vehicle, the child can be dragged.

High chairs

  • It is recommended that a label containing the following information be permanently affixed to the product:
    • name and address of manufacturer
    • model name or number
    • date of manufacture
  • A chair should be stable and have a wide base to reduce the risk of tipping.
  • There should be a restraint system that consists of a strap which fits between the child's legs and a waist belt that is easy to fasten. The restraint system should be in good condition.
  • Verify that all latching and locking mechanisms found on the product are in good working order.
  • Exposed wooden or plastic parts should be smoothly finished and free from splits, cracks or other defects.
  • Product should be in good condition and have no loose parts which pose a choking hazard to a child.

Check for a label that indicates that the high chair meets the requirements of the current ASTM F404 - Standard Consumer Safety Specification for High Chairs.

Infant bath seats and bath rings

Portable bed rails

  • Bed rails are used on standard beds to keep children from falling out of the bed. Children who are younger than the manufacturer's recommendations can suffocate between the bed rail and the mattress.
  • Used bed rails should not be sold if they are damaged or if they are missing safety labels that state the recommended ages.
  • Check for a label that indicates that the portable bed rails meet the requirements of the current ASTM F2085 - Standard Consumer Safety Specification for Portable Bed Rails.

Ski and snowboard helmets

Information on product recalls

For second-hand retailers, it is very important to check that the consumer products you receive have not been recalled, as children have been injured and have died using recalled products. Also, when recalled products have been repaired with retrofit kits, or other means offered by the manufacturer, make sure the product has been corrected properly as directed by the manufacturer.

To learn if a consumer product has been recalled in Canada, check with the following:

Recalls from the United States regarding consumer products from the  Consumer Product Safety Commission (CPSC) are available on: www.cpsc.gov/cpscpub/prerel/prerel.html

Subscribe to Consumer Product Safety News, the Consumer Product Safety Directorate's electronic newsletter. Subscribers receive updates when new information, consumer advisories and warnings, recalls and consultation documents regarding consumer product safety are posted on the Health Canada website.

Information resources and Contact Information - Consumer Product Safety Program

NOTICE: For further information visit the resources below or contact a Health Canada Consumer Product Safety Office via email (cps-spc@hc-sc.gc.ca) or telephone at 1-866-662-0666 (toll-free within Canada and the United States).

Canada Consumer Product Safety Act
www.laws-lois.justice.gc.ca/eng/acts/C-1.68/index.html

Food and Drugs Act
www.laws-lois.justice.gc.ca/eng/acts/F-27/index.html

Cosmetic Regulations
www.laws-lois.justice.gc.ca/eng/regulations/C.R.C.,_c._869/index.html

Canada Consumer Product Safety Act Quick Reference Guide
www.hc-sc.gc.ca/cps-spc/pubs/indust/ccpsa_ref-lcspc/index-eng.php

To subscribe for email updates about the Canada Consumer Product Safety Act
www.hc-sc.gc.ca/cps-spc/legislation/acts-lois/ccpsa-lcspc/_subscribe-abonnement/index-eng.php

Guidance on Mandatory Incident Reporting under the Canada Consumer Product Safety Act - Section 14 Duties in the Event of an Incident
www.hc-sc.gc.ca/cps-spc/pubs/indust/2011ccpsa_incident-lcspc/index-eng.php

Section B - Products under the Radiation Emitting Devices Act

The Radiation Emitting Devices Act (REDA) applies to the sale, lease, import, advertising, packaging and labelling of radiation emitting devices, including devices used for medical and industrial purposes and those used by consumers. Motor vehicles and radiation emitting devices designed primarily for the production of nuclear energy (within the meaning of the Nuclear Safety and Control Act) are excluded from the Act.The Act has a general safety requirement for radiation emitting devices, and sets safety performance standards for specific classes of radiation emitting devices in order to help reduce the risks to workers and the public from radiation.

Manufacturers and importers are required to notify the Minister of Health if a device does not comply with the general safety requirement or with the requirements specified in the regulations.

The Radiation Emitting Devices Regulations prescribe safety performance standards and labelling requirements that address the design, construction, and functioning of certain classes of radiation emitting devices. All radiation emitting devices must meet the generally applicable provisions of the Act, regardless of whether or not they are subject to specific regulations. The text of the Act and Regulations can be found on the website of the Department of Justice Canada.

A copy of the  REDA can be viewed at: www.laws.justice.gc.ca/eng/acts/R-1/index.html to verify if a product is adequate for sale.

Products of interest

Lasers

If you plan to resell a piece of laser equipment:

You should contact the original manufacturer or the distributor to verify if a product is adequate for sale.

For a copy of the 2011 Health Canada Advisory on Hand-Held Lasers or Laser Pointers visit: http://www.healthycanadians.gc.ca/recall-alert-rappel-avis/hc-sc/2012/15008a-eng.php

Microwave ovens

If you plan to resell a microwave oven:

For more information about microwave ovens visit: www.hc-sc.gc.ca/hl-vs/iyh-vsv/prod/micro-f-a-eng.php

Personal stereo systems

If you plan to resell a personal stereo system:

Tanning equipment

If you plan to resell any tanning equipment (for example, sunlamps, tanning beds, tanning canopies, upright tanning booths and facial or half-body tanning lamps), you are responsible for ensuring product compliance with all aspects of the Tanning Equipment standard (see Part XI of Schedule II of the Radiation Emitting Devices Regulations), including information and labelling requirements, construction standards (for example, safety features, components and accessories) and functioning standards.

You should contact the original manufacturer or the distributor to verify compliance before the sale of the product. Screw lamp holder types are illegal for sale.

Contact information - Consumer and Clinical Radiation Protection Bureau

Mail:
Consumer and Clinical Radiation Protection Bureau
Health Canada
775 Brookfield Road
A.L. 6302C
Ottawa, Ontario  K1A 1C1

Email:
ccrpb-pcrpcc@hc-sc.gc.ca

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2024-08-27