Advanced Search

Safety Of Goods And Services Act

Original Language Title: Preču un pakalpojumu drošuma likums

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
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 manufacturer has goods manufacturer in Latvia registered company (company), any person who manufactured and disseminated (released) product in Latvia or presented themselves as the manufacturer, indicating (highlighting the) on the product, its packaging, product technical documentation or in the technical passport his name (business name), the name, trade mark or other distinctive mark, as well as 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 released product;
2) importer, if Latvia is not the manufacturer's authorised representative;
3) any other person under your business sells, supplies or otherwise distributes the product, if this person's actions affect the safety of the product.
(3) the Distributor is the person within your business 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 shall apply to products intended for consumers or likely to be used by consumers, except used goods for sale as antiques or as products that are renewable prior to use or repair (for restore or repair need you provide 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.
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) for the product to be considered a safe product which, under normal or foreseeable conditions of use, including the expected duration of the potential 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.
(2) Special safety requirements for individual items, item groups, or special requirements for the use of certain commodity-related risks or safety aspects can be determined by other legislation. If other laws are not set such requirements, product 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.
(3) in assessing the safety of a product, take into account: 1) the characteristics of the goods, including its design and packaging;
2) the effect on other products, where it is expected that the product will be used with them;
3) goods look and marking, installation or removal of the terms of use, tutorials, and other information provided by the manufacturer;
4) are there any categories of persons, particularly children, may be at risk.
6. article. (1) the service shall be deemed a safe service 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.
(2) Special safety requirements for individual services, groups 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.
(3) in assessing the safety of services, take into account: 1 the characteristics of the service) including its structure, composition and nature of the provision;
2) effect on other things and goods, if it is expected that the case will be used together with them;
3) things look and the marking, installation or removal of the terms of use, tutorials, and other information provided by the service provider;
4) are there any categories of persons, particularly children, may be at risk.
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 risk associated with the use of a product or service, and take precautions. Warning do not exempt from statutory duties and responsibilities.
(2) a manufacturer and service provider is obliged to take all precautionary measures for the safety of a product or service guarantee, including product or product group labelled goods labelling, sampling, examination of the complaints submitted and other measures, if necessary, the withdrawal of the goods.
(3) 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.
(4) If a manufacturer, distributor or service provider becomes aware that a product or service may be dangerous to human life, health or property of persons or the environment, he must immediately: 1) directly, or with the means to inform the public about unsafe products or services, unsafe product or service deficiencies and to deliver this product or in case of defects or the use of goods or disposal site;
2) to take the necessary steps to remove the unsafe product from the market or stop the provision of the service;
3) to inform the national authorities of supervision and control. The manufacturer, distributor or service provider will inform these authorities also on measures already taken and will be taken to guarantee the safety of the goods or services or goods withdrawal or suspension of the service.
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 and sanitary border inspection in the framework of its competence.
(2) the market surveillance authorities and the Customs authorities, sanitary border inspection are obliged 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 welfare, the Ministry of agriculture, Ministry of transport, environmental protection and regional development Ministry, the market surveillance authorities, the State revenue service's main customs administration and 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.

12. article. (1) the market surveillance authorities to control the goods and services in compliance with the requirements of this law in accordance with the monitoring and control programs, 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 circulation of goods and services;
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) the market surveillance authorities shall be entitled to take the following decisions: 1) prohibit the safe production of the goods or the lot of goods or sales and does not offer secure services;
2) ask the manufacturer, distributor or service provider to take concrete measures of a good or service to guarantee safety;
3) to stop the production of goods or the lot of goods or sale or offering services to: (a) the expertise an opinion), if there is suspicion of a product or service without compliance with safety requirements, (b)) this part of the measures referred to in paragraph 2;
4) require unsafe goods or the lot of goods production, or in case of withdrawal or destruction or suspension of the service;
5) apply the administrative penalties prescribed by law.
(2) the market surveillance authority shall specify in its decision making.
(3) the market surveillance authority is entitled to take this article to the decisions referred to in the first paragraph, even if there is evidence that a product or service is dangerous to human life or health (not taking into account that the goods meet the rules set out in article 5 of the safety requirements or service fulfils this law set out in article 6 safety requirements).
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 within one month from the date of its adoption. Appeals of the decision shall not suspend the decision.
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 three working days from the receipt of a 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, either directly or through the media.
(2) if the market surveillance authority shall adopt this law, in article 13, first paragraph, point 1 or 4 decisions, they will be obliged to notify the consumer protection centre, customs and sanitary border inspection.
Transitional provisions with the entry into force of this law shall lapse at the law on the safety of goods and services and manufacturer and provider responsibility "(Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 1996, no. 21).
The Parliament adopted the law of 20 June 2000.
 
President Vaira Vīķe-FREIBERGA V., Riga, July 5, 2000 the law shall enter into force on 19 July 2000, the