February 14, 2008

3.1 Taking a Life-Cycle Approach through Progressive Licensing
The Plan states that progressive licensing would apply to all health products. There is need for a more specific definition of what constitutes a health product versus a consumer product beyond the description currently in the Discussion Paper.

3.3 Improve Compliance and Enforcement Powers
RCC urges Health Canada and others, in consultation with industry, to clearly articulate the criteria and process by which a mandatory product recall would be initiated. For example, the term "serious or imminent health and safety risk" should be defined and based on scientific evidence and specific criteria. Retailers have a proven track record of voluntarily recalling products that are shown to be potentially unsafe. Given the magnitude of this effort and associated costs, RCC strongly recommends that the mandatory recall of product be based on scientific evidence that there is a likely risk to consumers. Likewise, required information to be included in risk management plans must be clearly identified and kept strictly confidential.

3.4 More Effective Fines and Penalties
With respect to monetary fines and penalties, there is a need for clear definitions of how these will be applied and how these relate to civil and criminal liability. As stated, fines and penalties should only be imposed on those who blatantly disregard public safety after due process and warning and who have had sufficient time to comply with directives. Retailers do not support the concept of uncapped penalties and recommend that a framework similar to international standards should be considered.