16/MAR/2009

Since 2006, we have witnessed many (massive) product safety scandals beginning with food poisoning in schools, to Salmonella contamination of peanut butter from the United States in 2009.

The Malaysian Association of Standards Users is on the mailing list of various consumer product safety enforcement and regulatory agencies around the world namely the United States, Canada, Australia, Japan and Korea. Unfortunately similar facilities are not provided by relevant government agencies here in Malaysia.

While consumers in the countries mentioned above are constantly notified of products which are unsafe and has been issued recall notices, the relevant government agencies in Malaysia are unable to take similar actions to protect consumers from similarly unsafe products. Most of the products deemed unsafe in these countries are not controlled (directly) under any Acts or Regulations in Malaysia. Among these are lights / bulbs and of course toys.

We have been toying with the toy safety regulations since 2002. Against the backdrop of the 2007 toy safety crisis, the Malaysian Association of Standards Users and the Department of Standards Malaysia pressured the Ministry of Domestic Trade and Consumer Affairs (KPDNHEP) to activate work on the shelved toy safety regulation. It has been close to two years now since work re-started on the regulations and the implementation has been postponed time and again. After notifying the World Trade Organisation (WTO) the regulation is at its final stage addressing the customs HS code. We were told by KPDNHEP that the regulation will be implemented end of March 2009.

We are greatly disappointed that considering the importance of this issue and the urgency of the matter it is taking about 2 years to get a safety regulation implemented. (Or 7 years since it was drafted). Regulations need not go to parliament to be endorsed! Even some Acts (which need to be passed in Parliament) get passed faster than this.

Even today Standards Users received an e-mail from both the USCPSC and Health Canada that they have recalled more than 180,000 toys due to choking hazard to children. The US has recalled about 210,000 flip flops (children hawaianna slippers) due to high level of lead.

Perhaps some of these exact models of products are not in sale here BUT there are many similar types of product sold in Malaysia and may pose the same dangers. But who’s testing them? Nothing is being done by any of the authorities since it is NOT under any agencies’ jurisdiction? So no one is taking any action!

BUT that is not true!
 
The Ministry of Domestic Trade and Consumer Affairs has overall on the Consumer Protection Act 1999. Under Section 19 of the Act the Minister has the power to make any safety standards mandatory; and under Section 23 the Minister can recall / stop the sales of unsafe products. Since 1999, how many standards have been made mandatory and how many recalls have been made under this ACT? None!.
 
We are still waiting for heaven knows what for actions to be taken on unsafe product under the Act.

The Malaysian Association of Standards Users has sent toys for a series of test and among them are the chemical content. Although in terms of lead content the toys tested are within limits, the toys pose choking and strangulation hazards. Some have sharp edges which can cause injuries to children.

We do not know for sure how many children get injured every year due to unsafe toys. There are no studies NOT even by our local universities and not even after the 2007 toy safety crisis. The US Public Interest Research Group publishes child product safety report every year. They gather data from hospitals and emergency ward and have comprehensive annual reports. We, unfortunately do not have such data. This kind of data will help us to push for regulations and mandatory standards.

We hope people will come forth and report injuries due to toys or any other consumer products for us to have valid records and pursue the complaints / reports with the relevant regulatory agencies for further actions.

Since 2006, we have witnessed many (massive) product safety scandals beginning with food poisoning in schools, to Salmonella contamination of peanut butter from the United States in 2009. Since the 2007 toy safety crisis, the US, Canadian and the European governments have taken steps to improve product safety regulations in their respective countries. The most notable one is the US Consumer Product Safety Improvement Act. The string of food safety scandals in the United States have urged the improvement of FDA’s roles and responsibilities, laws and budget allocations.

The FDA has come under scrutiny by consumers and industries in the United States for the recent peanut butter contamination. Reports claim that the FDA did not increase inspection frequency after the visit the Peanut Corporation of America in 2007 and found Salmonella contamination then. The FDA laws, research and recommendations are constantly used as reference by the relevant regulatory agencies in Malaysia, namely the Food Safety and Quality Division (FSQD) and the National Pharmaceuticals Control Board (NPCB).

After multiple problems with food safety in the past year the US, China, Europe and many other countries (both importing and exporting food) have reviewed and made food related regulations stricter.

We are under no pressure to do the same as the ambiguity in interpreting the relevant Act and Regulations provides a lot of flexibilities to both the industry and the regulatory agencies for not doing enough to improve safety of food and other products for Malaysian consumers.

If you can convince them, confuse them!