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Safety Of Goods And Services Act

Original Language Title: Preču un pakalpojumu drošuma likums

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The Saeima has adopted and the President promulgated the following laws: the safety of goods and Services Act Chapter I. General provisions article 1. The law aims to ensure secure, human life, health and property of the person, as well as environment-friendly production, placing the goods into circulation and service provision.
2. article. (1) the producer shall be registered in the European Union goods manufacturer, any other person who made and has a circulation of goods in the European Union or recognize themselves as the manufacturer, indicating the goods (highlighting), the packaging, the product technical documentation or in the technical passport his name (business name), the name, trade mark or other distinctive mark, or the person who updated the item to put into circulation.
(2) The producer shall be considered also: 1) to the manufacturer's authorized representative: a person who, on behalf of the manufacturer, but in the name of the item is placed in circulation if the manufacturer is not established in the European Union;
2) importer, if the European Union is not registered in the manufacturer's authorised representative;
3) any other person that their economic activities sells, supplies or otherwise distributes the product, if this person's actions affect the safety of the product.
(3) the Distributor is a person that their economic activities sells, supplies or otherwise distributes product, if that person does not affect product safety.
(4) the service provider is any person who provides the service.
3. article. (1) this law applies to new, used or refurbished (including in the framework of the provision of the service supplied) goods intended for consumers or foreseeable conditions could be used by consumers even if not intended for them, and delivered economic activities, except used goods for sale as antiques or as products that are renewable prior to use or repair, restoration or repair for the need to provide clear information.
(2) this Act applies to services that result in the provider made a new corporeal things, improve or modify existing physical thing or its properties, as well as to the services that have a direct or indirect impact on human life or health.
(3) this law requirements apply if specific rules do not specify the goods or services of other safety requirements, including other exposures or other risk categories and their prevention.
Chapter II. Manufacturer and service provider responsibilities and safety of goods and services assessment article 4. (1) it is the responsibility of the manufacturer to produce and circulate only safe, human life, health and property of the person, as well as environment-friendly product. The manufacturer is responsible for the safety of the goods put into circulation.
(2) the service provider's responsibility to provide only safe, human life, health and property of the person, as well as environment-friendly service. The service provider is responsible for the safety of the service provided.
5. article. (1) safe product is any product, under normal or foreseeable conditions of use, the foreseeable period and, where appropriate, in the light of service installation and maintenance requirements, does not present a risk or creates the minimum with the goods-related risk is considered acceptable and meets high safety, human life, health, and personal belongings, as well as the level of environmental protection, taking into account: 1) product description in its structure, composition, and packaging, and, if applicable, installation and maintenance instructions;
2) the effect on other products, where it is expected that the product will be used with them;
3) product appearance, presentation, labelling, warnings, instructions, manuals and other liquidation manufacturer information;
4) are there any categories of persons, in particular children and the elderly, who, using the product, you may be at risk.
(2) the goods must be regarded as safe if it meets the: 1) certain special regulations for health and safety requirements;
2) national standards status adapted European standards, which are referred to in the third subparagraph, the amount of regulated standards for risk.
(3) the national standardization institutions at the Ministry of Economic Affairs published a recommendation in the "journal" in the second paragraph of this article referred to in paragraph 2, the status of the national standards adapted a list of European standards.
(4) if the item does not exist in relation to the second part of this article, goods valued safety, taking into account: 1) volunteer standards;
2) in the special law applicable in certain mandatory national standards;
3) European Commission recommendation, which sets guidelines for the evaluation of product safety;
4) in the sector in question existing good manufacturing practices;
5) reach the level of science and technology;
6) safety, with what kind of person could reasonably count on.
6. article. (1) a secure service means any service which is provided under normal or foreseeable conditions of use, and performance period or then not risk or poses a minimal risk that is considered acceptable and meets high safety, human life, health, and personal belongings, as well as the level of environmental protection, taking into account: 1) service characteristics, also its structure, composition and nature of the provision;
2) impact on human life and health and things;
3) things look, design, marking, installation or usage rules, warnings, instructions for disposal and other information provided by the service provider;
4) are there any categories of persons, in particular children and the elderly, who, in using the service, you may be at risk.
(2) Special safety requirements or requirements specific to a particular service, or related to the use of the safety aspects can be determined by other legislation. If other laws are not set such requirements, compliance with safety requirements is assessed in accordance with the national standards of good manufacturing practice in the relevant area, the progress in scientific and technical level, and taking into account the reliability with which a person could reasonably count on.
7. article. Higher levels of safety or the availability of the goods or services that have a lower level of risk cannot be grounds for a product or service to be considered unsafe.
8. article. (1) the manufacturer and service provider is obliged to give true and complete information on the product or service (including warnings), to make it possible to assess the risks associated with the use of the goods or services, the use of normal or foreseeable use or period of use, if such risks are not immediately obvious without the warnings, and to take precautions. Warning do not exempt from statutory duties and responsibilities.
(2) the manufacturer and it is the responsibility of the service provider, taking account of the nature of goods and services, take any measure that makes it possible to assess the risks that could result in goods and services, and choose appropriate actions, including: 1) goods or withdrawal of cases, where such action is necessary to avoid risks;
2) consumer warning;
3 withdrawal of the goods from) consumers.
(3) the second paragraph of this article, paragraph 3 of the goods specified in the recall aims to recall from consumers or distributors of the manufacturer's supplied unsafe goods (goods that do not comply with this law, the first paragraph of article 5 requirements) or things. The recovery of the goods may take place on a voluntary basis or in accordance with the market surveillance authorities.
(4) of this article, the measures provided for in the second subparagraph may include, but are not limited to: 1) information on the manufacturer of the goods or things reference number as well as the identification of the production batch on the goods concerned, things or its packaging (except where such provision is not justified);
2) goods or sample verification;
3) handling of complaints and, if need be, a complaint tracking system maintenance;
4) dealer information on the measures and their implementation.
(5) the Distributor is obliged to act with due diligence to promote product compliance with the General safety requirements. The distributor shall not sell, supply or otherwise distribute goods if he can deduce whether he should conclude that they do not meet safety requirements, as well as goods for which he does not have sufficient safety information. The Distributor is obliged, within their own participate in product safety measures, in particular, be informed of the possible risks, keeping and providing the necessary documentation for tracking the origin of the goods, as well as active collaboration with industry and the public authorities of supervision and control activities designed to prevent the circulation of goods.
(6) If a manufacturer, distributor or service provider has become known as the expert he had to know that a product or service creates the risk that is incompatible with the General safety requirements, the manufacturer, distributor or supplier of the Cabinet in the order of it must immediately inform the national authorities of supervision and control. This provision applies in particular to the measures to be taken to prevent risks to consumers.

(7) in the case of serious risk to the producer, distributor or service provider is obliged to provide at least: 1) information enabling a precise identification of the product concerned, or the product or production lot;
2) complete the goods or a description of the risk involved;
3) all available information necessary for the traceability of goods or things;
4) for information on measures taken to prevent risks to consumers.
(8) in the seventh part of this article in a specific requirement extended to such a serious risk the effects of which are not immediate, and thus does not require a fast State monitoring and control bodies.
(9) to start operations, preventing goods and services provided by the risks, manufacturers, distributors and service providers are obliged, within their work with national supervisory authorities. The order in which the cooperation referred to in this article shall be fixed by the national supervisory authorities.
9. article. Prohibited to manufacture, offer, sell or otherwise distribute, import and export goods which are not food, but which shape, smell, color, appearance, packaging, labelling, volume or size might lead to people, especially children, believing its food products and therefore to put in your mouth, suck or swallow, there is a risk to life or health: the possible suffocation, poisoning, or digestive tract perforation or aizsprostošano.
Chapter III. Product and service safety control article 10. (1) this Act shall monitor and control compliance with the consumer protection centre and other national supervisory and control authorities, competent for the specific product or service, market surveillance and control (hereinafter market supervisory authority), as well as customs authorities and the food and veterinary service of sanitary border inspection of their competence.
(2) the market surveillance authorities and the Customs authorities, the food and veterinary service of sanitary border inspection duty to cooperate and exchange information on unsafe goods and services.
11. article. (1) the market surveillance Council has created a Cabinet advisory body, the purpose of which is to ensure the exchange of information and views between market surveillance authorities. Market logistics the work of the Ministry of economy.
(2) the market surveillance regulations and composition of the Council is approved by the Cabinet of Ministers, including one representative of the Ministry of Economy, Ministry of health, Ministry of welfare, the Ministry of agriculture, Ministry of transport and Ministry of the environment, the market surveillance authorities and the State revenue service's main customs administration and the food and veterinary service of sanitary border inspection.
(3) the market surveillance Council's main role is to promote: 1) holistic approach to market surveillance;
2) market surveillance cooperation due to the unsafe goods and services;
3 the distribution of competence) between market surveillance authorities, to ensure that all product and avoid duplication of functions.
(4) the Council shall carry out market surveillance market surveillance activities and their results, as well as once a year review the functioning of market surveillance authorities and the effectiveness and, if necessary, prepare proposals to the Minister of the economy of needed changes in market surveillance activities and competencies.
12. article. (1) the market surveillance authorities to control the goods and services in compliance with the requirements of this law in accordance with regularly updated surveillance and control programmes, as well as when there is suspicion of a product or service without compliance with safety requirements or have received a complaint.
(2) the market surveillance officials, implementing this regulatory market supervision and control, within their competence, are entitled to: 1) control and monitor the market for goods and services that could be offered in compliance with the safety requirements;
2) to request and receive, free of charge the information necessary for the safety of goods and services or the relevant authority for the evaluation function;
3) to request and receive free product samples and organize product or service or other type of laboratory expertise to identify the goods or services in compliance with the safety requirements, the relevant authorities if required by the Director (head) of the approved annual monitoring and control program or if you are suspicious about a product or service without compliance with safety requirements or have received a complaint.
(3) the Cabinet of Ministers shall lay down the arrangements for market surveillance authorities to request and receive product samples, as well as those handled by the laboratory or other type of inspection.
13. article. (1) If a product or service can cause risks in certain circumstances, the market surveillance authority may: 1) require the manufacturer or distributor of the service provider, to be marked on the item or service is provided with suitable, clear and easily comprehensible warnings about possible risks;
2) ask the manufacturer or distributor of the service provider to take concrete measures of a good or service to guarantee safety and prohibit the sale of goods or the provision of the service to perform these activities.
(2) If a product or service can cause risks to specific categories of people, the market surveillance authority may require that this person in due time and in an appropriate way will be alerted about possible risks, including publishing special alerts.
(3) If you suspect that a product or service could be unsafe, the market surveillance authority shall be entitled to prohibit its supply, the offer to supply or the display of the inspection to the time required for it security evaluation, testing and inspection.
(4) if the item or service is not secure, the market surveillance authority may: 1) prohibit goods or goods production lot of the sale or delivery of the service, as well as taking action to such prohibition to be enforced;
2) If a product or service is already offered on the market: (a) to request a product efficient) and immediate withdrawal or suspension of the service, as well as consumer warning about existing risks, b) require or organize in cooperation with manufacturers, distributors, or service providers of goods or things recall from consumers and its destruction in suitable conditions.
(5) in the first, second, third and fourth steps listed in part apply accordingly to the manufacturer or distributor of its activities, in particular to the manufacturer or distributor who is responsible for the first placing on the market of the goods, or, if necessary, to any other person if it is necessary in the implementation of the measures provided for in the goods or services for the prevention of risks. Market surveillance authority decision shall specify the grounds for its adoption.
(6) the market surveillance authority is entitled to make in the first, second, third and fourth part of these measures, even if the product is in conformity to the law set out in article 5 of the safety requirements or service conforms to the law laid down in article 6 of the safety requirements, but there is evidence that a product or service is dangerous to human life or health.
(7) the market surveillance authority, carried out the first, second, third and fourth part of these measures, act in accordance with the Treaty establishing the European Community, and in particular articles 28 and 30 article. Decisions adopted pursuant to the precautionary principle, and that they are proportionate to the seriousness of the risk in question.
(8) the market surveillance authorities shall encourage and support the producers, distributors and service providers for voluntary activities in this statutory duties (including guidelines and good production and service provision practices).
(9) the market surveillance authority shall organise or determine the measures referred to in the fourth paragraph of this article, in point 2, if the manufacturer, distributor or service provider activities in this statutory duties is insufficient. Withdrawal of the goods or things be carried out only as a last measure.
14. article. (1) the market surveillance authority decision is effective from the moment of its adoption.
(2) the market surveillance authorities the decision may appeal to the Court of Justice of the administrative procedure law. Appeals against decisions shall not suspend the execution.
15. article. (1) the costs of a product or service or other type of laboratory expertise to bear market supervisory authority.
(2) if it is found that a product or service does not meet the safety requirements, the costs of inspection to pay the manufacturer or service provider.
(3) expenses recoverable within five days of receipt of the document certifying the expense. If the person refuses to cover expenses, the market surveillance authority, which handled inspection, they shall recover the procedure prescribed by law.
16. article. (1) where the market surveillance authorities find that a product or service does not meet the safety requirements, it shall, if necessary, provide public information about the product or service and its associated risks, directly or through the media.

(2) the cabinet shall determine the order in which different market surveillance authorities shall inform the consumer rights protection centre of the measures that restrict or prevent the placing of goods into circulation (article 13 of this law, the measures referred to in the fourth paragraph, as well as the manufacturer's, dealer's or service provider's voluntary action), and the order in which consumer protection Center will forward the information received to the European Commission and with the information received from the European Commission.
Transitional provisions 1. With the entry into force of this law shall lapse at the safety of goods and Services Act (the Saeima of the Republic of Latvia and the Cabinet of Ministers rapporteur, 2000, No 14; 2002, nr. 8; 2003, no. 11).
2. Until the new Cabinet of Ministers regulations for picking, but not longer than until 1 November 2004, has the following Cabinet of Ministers regulations, in so far as they are not inconsistent with this law: 1) of 27 February 2001, Regulation No 83 of the "procedure for market surveillance authorities to request and receive product samples, as well as those handled by the laboratory or other form of inspection";
2) 12 December 2000 rules No. 429 "market surveillance Council Charter".
Informative reference to European Union directives, the law includes provisions arising from the Directive 87/357/EEC and 2001/95/EC.
The law shall enter into force on 1 May 2004.
The law adopted by the Parliament in 2004 on April 7.
State v. President Vaira Vīķe-Freiberga in Riga 2004. on 28 April, the Editorial Note: the law shall enter into force on 1 May 2004.