Commodity law

Original Language Title: Warenwet

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Act of 28 December 1935, laying down rules on the status and description of goods

We WILHELMINA, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc., etc., etc.

Allen, who will see these or read hooren, salut! do n' t know:

We have taken the view that it is necessary to adopt, in the light of the present circumstances, legislative provisions which have been amended to promote the good quality of goods and to lay down rules for the protection of the Community's economy and the protection of the environment. Designation of goods;

So it is that we, the Council of State, and with the mean consults of the States-General, have found and understand, as we approve, and understand:


Article 1

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  • 1 The following shall be understood in this Act and the provisions which are based thereon:

    • a. Movable items including eating goods, including chewing preparations other than tobacco, and drinking and general administrative measures to designate immovable property;

    • b. Food and drinking products: food, as referred to in Article 2 of Regulation (EC) 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures for food safety issues (PbEG L 31);

    • (c) 'technical product' means any technically produced where, other than a eating or drinking water,

    • d. Our Minister:

      • 1 °. Our Minister for Health, Welfare and Sport, then

      • 2 °. Our Minister for Social Affairs and Employment, in so far as the decision to be taken or the subject matter to be taken on the subject of professional use is concerned, or where the decision to be taken or the subject to be taken to be taken is to be taken. a. containers, simple pressure vessels, pressure vessels and their composition, or in the case of explosion-safety equipment;

    • e. Trading: offering to buy, exalting, exhibting, selling, delivering, or holding or in stock from a commodity;

    • f. Annex: the Annex, intended to be used in the Article 32b ;

    • g. Regulation (EU) No 952/2013: Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (PbEU 2013, L 269).

  • This law shall not apply in respect of the private household or any other household equivalent to a general measure of management, it being understood that in the case of a general measure of a general measure, the (i) governance in respect of technical products may be determined otherwise.

  • 3 This law is applicable to the holding or stock of a non-applicable where it can be assumed that the goods in question are not intended for use in respect of delivery and in the case of a technical product a. Furthermore, this law applies to the supply of a non-applicable where it can be assumed to be delivered to destroy the goods or to bring the goods in accordance with rules, at or under these rules. Law with respect to that one.

  • 4 Rules laid down by a general measure may limit a limitation to the categories of cases specified in that measure. With regard to the marketing of goods, they may also entail a restriction to one or more of the transactions listed in paragraph 1 of this Article.

  • 5 In the case of a general measure of administration, pursuant to an international convention, rules laid down by this Act may, furthermore, apply to the measure in respect of goods belonging to one of the measures laid down in the measure. Designated category, or categories of cases described in the measure are declared to be wholly or partially non-applied for the purpose of the measure. The placing of the general measure of management shall be communicated without delay to the two Chambers of the States-General.


Article 1a

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This law and the provisions based thereon shall also apply to:

  • (a) technical products used in the exclusive economic zone in the labour market, either on or from civil engineering works or in the break-up of such work;

  • b. Eating and drinking products which are traded on civil engineering works in the exclusive economic zone.


Article 2

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  • 2 Where the decision referred to in paragraph 1 has been taken, a proposal for a law shall be forwarded to the Second Chamber forthwith, on the continuation of the operation of the provision in force for that decision.

  • If the proposal is rejected by the States-General, a royal decree, on the proposal of our Minister-President, shall without delay delay the provision which has been brought into force under paragraph 1.

  • 4 By royal decree, upon the proposal of Our Prime Minister, the provision which has been brought into force under paragraph 1 shall be excluded as soon as the circumstances permit it to be considered.

  • 5 The decision referred to in paragraphs 1, 3 and 4 shall be published in accordance with the procedures to be laid down therein. It shall enter into force immediately after the publication.

  • 6 The decision, referred to in the first, third and fourth paragraphs, shall in any case be placed in the State Sheet .


Article 2a [ Enter into force at a time to be determined]

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This part has not (yet) entered into force; see the summary of changes


Article 3

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With respect to commodities for the implementation of the Articles 1a and 4 to 9 , the rules are set:

  • a. In the interests of public health, of safety, of fairness in trade or of good information, and

  • (b) in the case of technical products, in the interest of human health or the safety of cases.


Article 4

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  • 1 For the purpose of keeping goods

    • a. which, if used in accordance with reasonably foreseeable conditions of health or safety, may be harmful,

    • (b) which may, in the case of technical products, present a hazard to human health or the safety of such products; or

    • c. The use of which is lower than in reasonable order, in such a way as to make the nutritional or use value less than required,

    may be prohibited by general management of a measure, to be prepared, to be prepared, to manufacture, to trade or to use for a purpose specified in the prohibition, or to use it, which do not comply with the provisions of the Directive, may be prohibited from the scope of the measure. the requirements of the measure relating to their composition or performance, or their capacity or characteristics.

  • 2 The requirements referred to in paragraph 1 may cover, inter alia, the following technical products:

    • a. the design;

    • b. the materials used;

    • c. composition or construction;

    • d. security or security means; or

    • e. The registration of the registration number to be brought.

  • 3 In the case of a general measure of management, the use thereof may also be prohibited in cases specified in paragraph 1 in respect of technical products.

  • 4 With regard to eating or drinking products which constitute an integral part of the common nutritional package, a general measure of management may be applied mutatis mutandis to the first paragraph in order to promote the presence in those areas of food or drink. They were important nutrients from the point of view of health. Such a measure shall also provide for an exemption for the food or drink concerned in which the relevant nutrients are not or, to a lesser extent, present, subject to compliance with the conditions laid down in the said measure. rules on the use of indications or performances concerning the absence or reduced level of presence of the relevant nutrients.

  • 5 In cases where the processing or use of goods is subject to a ban imposed pursuant to paragraph 1 or paragraph 4, it shall also be prohibited to have that possession or to be in stock. The provisions of the preceding sentence shall not apply where it can be assumed that where the application is not contrary to the prohibition laid down in the present case, it is not intended to apply.

  • 6 The draft general measure of management as referred to in paragraph 4 shall be submitted to both Chambers of the States-General before the nomination is made. Within 30 days from the day on which the production is produced, a wish may be made by one of the Chambers or by at least one fifth of the basic legal number of one of the Chambers that the subject to be covered by the draft is to be considered by The law is regulated. If such a proposal is made, a legislative proposal shall be submitted as soon as possible.


Article 5

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  • 1 For the purposes specified in: Article 4, first paragraph, points (a), (b) and (c) and (4th) , it may also be prohibited by general measure of management to prepare, prepare, manufacture, handle, process, process, process, retain, carry, transport, or otherwise be prohibited under the general measure. use:

    • a. other than with regard to rules laid down in the measure;

      • 1 °. relating to the manner in which such operations are carried out, articles, tools or materials used in the performance of such operations or on the premises, whether or not decided upon, in which such operations are carried out; acts are taking place, and what is present in or from those premises; or

      • 2 °. Containing the requirements of hygiene, in force with regard to persons involved in the performance of such acts;

    • b. without a licence, granted by Our Minister or by a governing body designated by the measure;

    • c. before our Minister or any administrative body designated by the measure has been informed of any data designated by the measure concerning the composition of the goods.

  • 2 For the purposes specified in: Article 4, first paragraph, points (a) and (b) , in respect of technical products to be referred to general administrative measures, may also be prohibited by a general measure of administration from using, installing, reinstalling, reinstalling, reinstalling, maintain, see, or show in tone:

    • a. other than rules laid down in respect of general measures of management;

      • 1 °. Containing requirements of expertise in force with regard to persons involved in the performance of such acts;

      • 2. relating to the existence and maintenance of documents, such as certificates, logbooks or instructions for use;

      • 3 °. relating to the cessation, closure, marking, marking of disapproval or not intended for use.

    • b. Without a licence, granted by our Minister or by a governing body designated by general management of the Board.

  • 3 Our Minister may, in cases where application of the first paragraph, B -the power to grant authorization has been granted to another administrative body, other than one or more of our Ministers, to the exercise of that power.

  • 4 A licence as referred to in paragraphs 1 and 2 may be refused only if there are grounds for concern that the pursuit of the activity in respect of which it has been requested will not comply with that in relation to the subject matter. The first paragraph, point (a) and the second paragraph, as defined, must be required for the purposes referred to in the introductory sentence of those paragraphs. A permit may be granted under restrictions. A licence may be subject to rules, relating to the subjects referred to in the first sentence. In so far as this is provided for by a general measure of management, a permit granted may be amended or withdrawn.

  • 5 When application of the first paragraph, B , in the case of a general measure of administration, rules shall be laid down concerning the manner in which the application for authorisation is to be made and the information which may be required of the applicant.

  • In cases where application of the first or second paragraph is applied, a general measure of management may also be prohibited to trade, in respect of which, by way of derogation from the previous paragraph, it may be prohibited to trade in the Member State concerned. rules have been acted on.


Article 6

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For the purposes specified in: Article 4, first paragraph, point A and B , and second member , may also be prohibited by a general measure of administration:

  • (a) belonging to a category designated by the measure or to use, as regards technical products, the goods in a condition which does not comply with the requirements of the measure;

  • (b) to prepare, produce or trade in a category which has been designated by the measure and which does not meet the requirements laid down in the measure with regard to their shelf life;

  • (c) the goods belonging to a category designated by the measure or to be used as regards technical products, including after the expiry of a period laid down in the measure for the purpose of their durability;

  • (d) be trading in a category designated by the measure other than in packaging or in marketing in packages which do not comply with the requirements of the measure.


Article 7

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For the purposes specified in: Article 4 , where a general measure of management may prohibit the marketing or use of technical products belonging to a category designated by the measure, it may be prohibited to do so if, in respect of such technical products, the product or product concerned is A measure of verification or assessment procedures has not been complied with.


Article 7a

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  • 1 Our Minister may, upon application, designate one or more institutions, which shall be responsible for carrying out work to be designated by him as a result of approval or assessment procedures laid down by this Law.

  • 2 A designated institution shall be empowered to carry out other work carried out by other persons in accordance with the instructions given by Our Minister.

  • 3 In the case of a general measure of management, rules may be laid down in respect of the grounds on which the designation referred to in paragraph 1 may be given, suspended, withdrawn or amended.

  • 4 instructions may be attached to a designation under paragraph 1.

  • 5 Our Minister may fix maximum rates for carrying out the work referred to in paragraphs 1 and 2.


Article 7b

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Our Minister oversees the lawful and effective execution of the particular by or under this Law by any Article 7a designated institution.


Article 7c

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  • 1 A under Article 7a the institution designated shall, upon request, provide to our Minister, without charge, the information required for the performance of his task. Our Minister may request access to information and documents in so far as it is reasonably necessary for the performance of his duties.

  • 2 A under Article 7a The institution designated shall send an annual report to our Minister concerning the work carried out by the institution in accordance with the designation, the lawfulness and effectiveness of that work and the way in which it has operated in the past year. With regard to this report, our Minister may lay down detailed rules.


Article 7d

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  • 1 Our Minister may be a Article 7a shall give general instructions to the institution in respect of the exercise of its task.

  • 2 The institution is required to act in accordance with the instructions.


Article 7e

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  • 1 If, in the judgment of Our Minister, Article 7a designated institution the operations referred to in Article 7a, first paragraph Our Minister can make the necessary arrangements, whether it is not or not.

  • 2 The provisions referred to in paragraph 1 shall be exempt from emergency situations not earlier than after the institution has been given the opportunity to carry out its work within a period to be set by Our Minister. to carry out.


Article 7f

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Our Minister is competent in an institution whose designation is under Article 7a have withdrawn access to and copies of all information and documents relating to the conformity or assessment procedures carried out in respect of which the withdrawn designation was concerned. At the choice of the institution, copies of the original documents may be made in lieu of copies.


Article 8

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  • 1 For the sake of clarity for the customers of goods, general measures of management may be prohibited:

    • (a) were placed in a category designated by the measure, other than in compliance with the requirements laid down in the measure, in respect of their designation;

    • (b) trade with the measure indicated-or similar-indications other than those reserved for the measure by the measure, using the measure indicated in the measure;

    • (c) trade in a category which has been designated by the measure, other than in compliance with the requirements laid down in the measure in respect of the use of entries or performances, the nature of the information and the other forms of reference; composition, performance, capacity, properties, destination, storage life, quantity or dimensions of the commodity, method and time at which the goods are prepared, manufactured, processed, processed or packaged, the origin of the commodity, the persons concerned where the measures provided for in the measure have been carried out in respect of the commodity concerned, and the way of dealing with, and elaborating, where appropriate to the health of humans;

    • (i) were in a category designated by the measure to trade or to trade in packaged form, other than in packages complying with the requirements of the measure, or in other words in the form of packages which have been packages bearing the particulars provided for in the measure must bear the packaging as such;

    • e. belonging to a category designated by the measure, or to trade in packaged form, other than in packages constituting a quantity declared by the measure, determined in accordance with the requirements of the measure, or to the items described in the measure and to which that quantity is indicated or to be marketed in a manner other than in units, the quantity declared for the measure in respect of which it is intended to be used;

    • (f) were to trade in a category designated by the measure, which is of a composition or execution other than the measure specified in the measure.

  • 2 The prohibition referred to in paragraph 1 (c) may also extend to the use of technical products.


Article 9

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For the purposes specified in: Article 4, first paragraph, points (a) and (b) , and in Article 8, introductory wording , may be prohibited by general management of a measure belonging to a category designated by the measure:

  • a. to bring in Dutch territory;

  • (b) to be taken within the territory of the Netherlands other than in accordance with the rules laid down in the measure.


Article 10

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The following Articles 1a and 4 to 9 in the case of goods belonging to a category designated by the measure, they may relate to a group of goods described in that measure.


Article 11

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  • 1 In the case of a general measure of management, it may be decided that those who are engaged in the marketing of goods belonging to a category designated for this purpose are affected by the measures laid down in this Regulation, to promote good compliance with respect to those goods by, or by virtue of, this Act. These measures may include the subjects of an examination, the examination of the samples taken from the samples taken from them, whether or not subject to an approved farm control system, to carry out the conduct of the investigation. of an administration and the affixing or keeping of registration marks or entries for the purposes of effective surveillance or effective customs control, as provided for in the General customs law on such compliance, in accordance with the rules, in the case of a general measure of management.

  • 2 In the case of a general measure of management, it may be stipulated that the person subject to an obligation under the first paragraph has been prohibited from marketing in respect of which the required measures have not been taken.

  • 3 In the case of a general measure of management, it may also be stipulated that the person for whom the obligation applies under the first paragraph to the examination of the sample taken on the basis of an examination of a sample taken has been prohibited from the use of to the extent to which a negative result is obtained, to be marketed, or to trade in such a review, before the measures taken in relation to such a general measure of management have been taken.

  • 4 In the case of a general measure of management, which requires the first paragraph to be subject to the obligation to verify the application of an approved farm control system, rules shall be laid down on the application for the recognition of a general rule of management. such system, the amount of the amount due for the proceedings, resulting from the processing of the application, payment of that amount, manner of notification of a decision on recognition and on refusal or failure to act; withdrawal of a recognition. In such a measure, the power or obligation may be imposed on our Minister to designate the authority which may grant and revoke the recognition of a commercial control system.

  • 5 In the case of a general measure of administration, where application of the first paragraph is subject to the obligation to apply or retain a number or an indication, it may be determined that it was prohibited not belonging to the holder of the application of the rules of procedure. the category on which the registration plates or entries are to be affixed, using those-or the same-registration number or endorsements.


Article 11a

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In the case of a general measure of management, it may be required that the owner or holder of the technical products designated by the measure be required to declare any construction, construction or placing of such technical products in the event of a change in the form of a Our Minister or any institution designated by our Minister, taking into account the time limits laid down in that general measure of administration.


Article 12

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In the case of a general measure of management, a method of examination defined for that purpose may be determined, which shall, in the event of exclusion, determine whether or not it is necessary to determine whether or not it is a commodity of a category belonging to the measure. the measure has not been complied with in the case of or pursuant to this Law.


Article 13

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A general measure of management may also lay down rules for the implementation of a binding act of the Council of the European Union, of the European Parliament and of the Council, on which the Council of the European Union, together with the Council, has taken a decision on the Commission of the European Communities, as regards:

  • a. one of the Article 3 interests referred to; or

  • (b) a charge for costs relating to inspections or checks required under the relevant act.


Article 13a

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  • 1 In order to implement a binding decision of the European Union as regards a binding decision of the European Union, our Minister, in agreement with our Minister, may, on request, designate an authority to the effect that: shall be in charge of:

    • a. the assessment of commodities; or

    • b. related work.

  • 2 In the case of a general measure of management, rules may be laid down concerning the grounds on which the designation referred to in paragraph 1 may be given, suspended, revoked or amended.

  • 3 In a designation under paragraph 1, rules may be attached.


Article 13b

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  • 1 The costs to be charged to the applicant or the holder of the designation or recognition or to the person for whom the work is carried out may be borne by the applicant, who is related to:

    • a. the consideration and provision of a designation as referred to in Article 13a, first paragraph ;

    • (b) verification or verification of goods if required by a binding decision of the European Union, including the verification of the documents required, and of the agreement between those documents and the relevant goods;

    • (c) the examination of an application or extension of approval of an establishment or a registration of an establishment in a register;

    • d. pre-announced and determined checks or the requirements for the designation or recognition necessary for the implementation of a binding decision of the European Union.

  • 2 The amounts to be reimbursed for the costs shall be determined by means of a ministerial arrangement.


Article 13c

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Where a legal requirement laid down by this Law refers to an EU Directive, an amendment to that EU Directive for the purposes of that Regulation shall apply as from the day on which the amendment in question is made. Unless a ministerial decision, published in the Official Journal, provides for a different point of time.


Article 13d

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In the case of or under this law, the manufacture, preparation or marketing of goods referred to were made equivalent to requirements for the manufacture, preparation or marketing of goods by another Member State of the European Union, if they were manufactured, were manufactured, prepared or traded. have been lawfully manufactured, prepared or marketed in that other Member State of the European Union or in a State other than a Member State of the European Union which is a party to a convention binding the Netherlands, or a The party is a party to a Treaty establishing a free trade area, and such a requirement is a provide a level of protection at least equivalent to the level pursued by national requirements.


Article 13th

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Where reference is made to or pursuant to this Act to food standards established by the Food and Agriculture Organisation and to the World Health Organisation, codes of good practice or guidelines, it may also be a criminal offence If these food standards, codes of good practice or guidelines have been established and published in the English language, they are considered to be penalised by an administrative penalty.


Article 14

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In the case of a general measure of governance referred to in Article 1a or the Articles 4 to 13a It may be stipulated that, with regard to issues covered by the measure, our Minister may be able to lay down detailed rules or to be put in place. The measure may stipulate that the provision of such rules shall be in accordance with one or more of Our designated other Ministers, or jointly designated by our designated Ministers.


Article 15

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  • 1 In cases where an urgent provision is made under the Articles 1 or 1a , or under the Articles 4 to 14 in the interests of public health or safety, and in the case of technical products, in the interests of human health or safety, or on the basis of a system as referred to in Article 3 (2) of the EC Treaty, Article 13 is so urgently required that the establishment of a general measure to that effect cannot be held, our Minister may, by means of a ministerial arrangement, lay down provisionally applicable rules in this respect, including provisions on that provision. If necessary, explain the non-application of articles based on general measures.

  • 2 The decision shall expire one year after its entry into force, or, if, within that period, a general measure of management has entered into force to replace that decision, at the time when the measure enters into force. The period may be extended once by our Minister for a maximum period of one year.


Article 16

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  • 1 Our Minister may apply, in relation to goods which are part of a category designated by his decision, rules applicable pursuant to the application of Article 1a or from Articles 4 to 15 , grant exemption.

  • 2 The Secretary of State may, moreover, be granted an application for a derogation in respect of goods which are part of the category designated by the relevant decision. In the case of a general measure of management, the power to grant an exemption in respect of categories of cases described in the measure may be transferred to another administrative body. Our Minister may lay down rules on the exercise of an exercise which is so delegated.

  • 3 In the case of a general measure of management, rules governing the granting of exemptions or exemptions may be laid down in the second paragraph of the second subparagraph. The applicant for a waiver may be charged with the costs associated with the application for exemption. The amounts to be reimbursed for the costs shall be determined by ministerial arrangements.

  • 4 An exemption or exemption may be granted under restrictions. Rules may be attached to an exemption or exemption. Any exemption or waiver granted may be amended or withdrawn at any time.

  • 5 A requirement may include a requirement that the holder of the waiver is obliged to trade in goods for which the waiver applies to or from where or on its packaging. 5 information to be taken in respect of the storage, transport or handling of the goods in question.


Article 17

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  • 1 The holder of a waiver referred to in Article 16, second paragraph The obligation to place an exemption on the decision granting the exemption shall be compulsory for the marketing of goods covered by the exemption, either on or on the basis of the exemption or on the packaging. Where the fifth paragraph of Article 16 is applied when granting the derogation, he shall also be obliged to indicate that reference at the time of the instructions provided therein.

  • 2 For those to whom a waiver was granted as intended Article 16 Furthermore, trade is exempt from those rules which have been exempted from the rules.

  • 3 Those in respect of which a waiver has been granted are required to carry out his/her obligation to ensure that a statement relating to the decision granting the exemption was made on or in the package of its packaging. placed. In case of granting of the waiver application Article 16, fifth paragraph They shall also be obliged to respect the instructions provided for therein.

  • 4 Our Minister may lay down rules relating to the terms referred to in paragraphs 1 and 3.


Article 18

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Without prejudice to or pursuant to the preceding Articles, it shall be prohibited to:

  • (a) were, in the absence of eating or drinking goods, the marketing of which the person who was the subject of these goods knows, or has reasonable grounds to believe, that they may present special risks to safety or safety in the use of their intended use; or human health, or, where technical products are concerned, also for the safety of cases;

  • -to trade in a category or category of food or drink belonging to a category designated for this purpose by a general measure, of which the person who is the goods concerned knows or must reasonably suspect that their composition, implementation, condition, characteristics or status is seriously less than that which may be required in reasonable terms.


Article 18a

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  • 1 Were those that meet the standards designated by our Minister, do not suspect, as far as the risks are concerned, that there is no risk of being supplied in those standards as intended by the Article 18 (a) .

  • 2 Our Minister designates only standards which transpose European standards, the references of which have been published by the Commission of the European Communities in the Official Journal of the European Communities.


Article 19

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  • 1 It is any person who is also prohibited from marketing, eating or drinking, using indications or representations concerning the safety of the true or the elaboration of the person's health, which, because they are incorrect or create an incorrect impression, may result in the safety or health of humans being put at risk.

  • 2 Without prejudice to the first paragraph, it shall be prohibited to trade technical products using indications or performances relating to the elaboration of the technical product on the safety of cases which, by reason of the fact that the incorrect or create an incorrect impression, may have the effect of endangering such security.

  • 3 In the case of a general measure of management, entries or representations may be considered, in any case, as entries or performances referred to in the first and second paragraphs.


Article 20

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  • 1 It shall be prohibited to pay, in the exercise of an occupation or business, a commodity in a manner which he knows or reasonably has to suspect that it would be contrary to the trade in the goods in question, in respect of the goods in question. on the use of particulars of particulars, indications or performances, by virtue of Article 8, first paragraph, points (a) to (e) -Some of them.

  • 2 It shall be prohibited to apply to any person in the exercise of an occupation or business, not eating or drinking, by using indications or performances relating to the safety of the goods or the effects of the goods or for the preparation of the goods. where the health of man, of which he knows or is reasonably suspected, may result in the safety or health of man being endangered by false or inaccurate impression.

  • 3 Without prejudice to the second paragraph, it shall be prohibited to apply technical products in the exercise of an occupation or business by means of entries or performances relating to the effects of the technical product on the the safety of cases, of which he knows or has reasonable grounds for suspecting that they may have the effect of jeoparditing such safety by being inaccurate or giving an incorrect impression.

  • 4 In the case of a general measure of management, entries or performances may be designated, which shall in any case be regarded as entries or performances referred to in the second or third paragraphs.

  • 5 For the purposes of the protection of human health and safety, and for the purposes of implementing international obligations, a general measure of administrative action may be prohibited by a measure designated by the measure; category, with respect to which Article 8, first paragraph, points (a) to (e) In the exercise of an occupation or business, rules are to be paid to a measure designated by the measure, other than the terms, particulars or representations specified in the measure.


Article 21

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  • 1 If, in the opinion of Our Minister, the safety or health of human beings, or if it concerns technical products, is at the same time dangerous to the safety of the person concerned, he may, in the interests of the safety of the person concerned, be liable to the the protection of those interests of those who trade or have traded the goods or products in order to inform holders of the danger of the danger, without delay and in an effective manner, of holders of those interests. The person to whom the burden is addressed shall act without delay.

  • 2 If, in the judgment of Our Minister, his or her non-eating or drinking were dangerous to the safety or health of man, or may present a danger to the safety of the matter, he may, in order to protect those interests, the person who has traded or marketed the goods, ordered to stop the transaction or to take all the necessary measures to take it back. The person to whom the burden is addressed shall act without delay.

  • 3 The failure to execute a charge specified by Our Minister as referred to in the second paragraph shall be a criminal offence.


Article 21a

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  • 1 Our Minister shall make available to the public the information available to him about the risks of goods, non-food or drinking, concerning the safety or health of consumers, without prejudice to the restrictions placed on them for checks and inspections. and research is necessary. Where the information concerns safety characteristics of products to be made public in view of the circumstances in order to protect the health and safety of consumers, Article 2: 5 of the General Administrative Law Act Not applicable.

  • 2 The rules of our Minister may determine how the information referred to in paragraph 1 is made available.


Article 21b

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  • 1 The person who, in the private sphere, may be used, traded or traded in the private sphere or who he knows, or who, on the basis of the information at the disposal of him, is entitled to know that he/she is in the private sphere, is the person who is which were a danger to human health or safety, inform our Minister immediately and inform Our Minister of the measures taken by him to protect the interests mentioned.

  • 2 In the case of or under general management measures, rules may be laid down concerning the information to be provided under the obligation set out in paragraph 1.

  • 3 The person who was, in the private sphere, who was, in the private sphere, the non-eating or drinking goods shall, if requested by the Minister and within the scope of his activities, cooperate in the actions of the have been undertaken to avoid the risks of those products. Our Minister's arrangement shall lay down rules on the manner in which such cooperation is to be provided.


Article 21c

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For the purposes of the application of the Articles 21 , 21a , 21b , 32 or 32a may be a general measure of management in respect of the goods, non-eating or drinking, where they can be used in the private sphere, a minister other than Our Minister or other administrative body. shall be designated.


Article 22 [ Expate per 01-01-2015]

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Article 23 [ Expired by 01-01-2013]

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Article 24

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  • 1 A tattoo or piercing, other than in an earlel, is not applied to a person who has not reached the age of sixteen years.

  • 2 The first paragraph shall not apply where the person referred to in the first paragraph has reached the age of 12 years and is accompanied by his legal representative in civil matters when the tattoo or piercing is applied.

  • 3 In the case of, or under a general measure of management, rules may be laid down concerning:

    • a. Cases where the second paragraph does not apply;

    • b. the manner in which persons are informed of the potential consequences associated with the affixing of a tattoo or piercing;

    • (c) the existence and maintenance of documents, which may promote information on consequences referred to in subparagraph (b) and the monitoring of compliance with or pursuant to this Article.

  • 5 It is prohibited to price the tagging of a tattoo or piercing, unless:

    • a. to the natural person or the legal person for whom the purchase takes place is the use of tattoo or piercing material under a permit granted under this Act; or

    • b. under this law for the use of tattooing or piercing material no licence is necessary.


Article 25

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  • 1 The supervision of compliance with the provisions of, or under this law, or of certain categories of goods designated by our Minister under this law or by virtue of that law are:

    • a. The officials designated by the decision of Our Minister;

    • b. The officials appointed by the decision of Our Minister for Economic Affairs.

  • 3 In the case of the division of tasks referred to in paragraph 2, it may also lay down the procedures for the exercise of supervision or the exercise of customs control. The conduct of the surveillance or the exercise of customs control may mean that the supervisor shall, on the other hand, be the inspector in question. Article 1:3, first paragraph, part c, of the General Customs Act , at times to be determined by Our Minister and in cases to be determined by him, investigations into compliance with the rules laid by or under this Act and in doing so to indicate cases to be reported by Our Minister to be reported identify individuals or bodies.

  • 4 Of a decision as referred to in paragraph 1 shall be communicated by means of a decision of the Official Gazette .

  • 5 The Minister on the grounds of Article 21c in the case of a general measure of management, the jurisdiction referred to in the first paragraph, introductory wording and point (a), in so far as it is concerned with the goods designated by that measure and in so far as they were in the private sphere, may be used. In the case of Article 21c By way of derogation from the first paragraph, a general measure of administration may be determined by a minister other than our Minister in respect of the goods referred to in the first sentence of the former, Administrative bodies responsible for monitoring compliance with or pursuant to the provisions of Article 3 (1) of the EC Treaty Article 21b shall be taxed. The third paragraph shall apply mutatis mutandis.


Article 25a

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  • 1 Without prejudice Article 25 Under the rules of our Minister, persons employed by a legal person governed by private law may be entrusted with the supervision of compliance with the categories of persons to be designated under that scheme by virtue of that law. were.

  • 2 The burden of monitoring as referred to in paragraph 1 may only be imposed on persons employed by a legal person with full legal or non-profit-making law, provided that the purpose of that legal person is in any case, by promoting, by means of surveillance, good quality, safety, packaging, form and labelling of one or more of the goods.

  • 3 The rules of our Minister may lay down detailed rules on the organisation, operation, statutes, rules and appointment of directors of the legal person, as well as on the costs of supervision, as provided for in the Regulation. First member.

  • 4 Our Minister may, in agreement with Our Concern Ministers, lay down detailed rules on the division of tasks between officials in the various Member States. Article 25, first paragraph the categories of persons referred to in paragraph 1 and the persons referred to in paragraph 1.

  • 5 Our Minister may give instructions to persons referred to in paragraph 1 as to the way in which they exercise supervision.

  • 6 Where a burden of monitoring as referred to in paragraph 1 is given, the obligations and powers under the control of the supervisory authorities shall be Articles 27 to 31 , 32c and 32l applicable mutatis mutandis.


Article 26

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  • 1 Of each Article 5:18 of the General Administrative Law The applicant shall be entitled, on request, to the applicant, on his own request, a fee of the amount by which its sales value has been reduced as a result of the investigation.


Article 27

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  • 1 The in Article 25 shall have the power to conduct, examine, test or conduct tests on the technical products referred to in the said officials. Our Minister may order repair or treatment in writing within a time limit to be determined by the technical product or may decide that a certificate of approval or agreement issued for a technical product has been issued whether a mark affixed to a technical product ceases to be valid or ceases to be valid if, in the case of an ordeal or examination, it is found that the product does not comply with the rules laid down by that law. The official referred to in Article 25 shall affix a trade mark to the technical product in order to censure it. A claim made pursuant to the second sentence must be respected by the person to whom he has been lodged.

  • 2 It shall be prohibited to remove, damage or render illegible any trade mark affixed to a technical product. This prohibition shall not apply to the officials referred to in the first paragraph.

  • 3 Violation of the ban, referred to in the second paragraph, is a criminal offence.


Article 28

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The Article 25 shall be obliged to secrecy, except in the absence of their authority, of the names of persons by whom a complaint has been lodged or a declaration of a breach of the law of the Court of Justice of the European Union, certain, except where those persons have stated in writing that they do not have any reservations about the communication of their names.


Article 29

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The Article 25 Officials as referred to above shall be empowered to enter a dwelling without the permission of the occupant, with a view to taking the necessary equipment, to the extent that such authority extends to and entering into the dwelling. business premises.


Article 30

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  • 1 Our Minister may decide not to use a technical product if the use of that product presents a danger or if the use of that product is in danger of being used Article 7 have not been complied with prescribed testing or assessment procedures. The Article 25 The official shall seal the technical product for the use of the exterior use.

  • 2 Our Minister decides to remove the decommissioning if the danger has been removed, the out-of-use statement has been found to be unfounded or if the Article 7 have been complied with prescribed testing or assessment procedures.

  • 3 It shall be prohibited to use a technical product which has been put off use on the basis of the first paragraph.

  • 4 Violation of the ban, referred to in the third paragraph, is a criminal offence.


Article 31

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  • 1 In the case of a general measure of administration, it may be determined that, Article 10 application was granted or in other categories of cases designated by that measure, the Article 25 designated officials, in accordance with rules established by or pursuant to that measure, on the basis of an examination of a part which was selected as a sample from a group or a lot as defined by that measure, may determine whether that group or party complies with the requirements or requirements laid down in that measure, Articles 1a and 4 to 9 .

  • 2 In any case, in the case of a measure referred to in paragraph 1, rules shall be laid down concerning the size of the sample, the criteria for which the results of the examination of the sample are to be regarded as favourable or unfavourable to the group concerned. or party, and on the notification of the results of the examinations made for the group or party concerned, carried out in application of the provisions of the first paragraph, to the person involved in the sampling process all of the goods belonging to that sample were included, and the manner in which such communication is to be Done.

  • 3 In the case of a measure as referred to in paragraph 1, rules may also be laid down:

    • (a) concerning the publication of the results of an investigation established for the group concerned, which has been carried out pursuant to the first paragraph;

    • (b) taking into account that the person involved in sampling all the goods included in the sample was prohibited after the sample was taken, belonging to the group or party defined under the first paragraph, to which the sample of the sample was taken. sampled, as long as the communication referred to in paragraph 2 has not been made to him.

  • 4 In the case of a general measure of management, it may be stipulated that, where it is determined pursuant to paragraph 1, the group or party concerned was not in a position to comply with the requirements or rules laid down by that measure; Referred to in the first paragraph:

    • a. According to the rules laid down by that measure, the person concerned or those concerned shall be given the opportunity to provide counter-proof;

    • (b) the relevant group, party, or any part of that group or party may not be traded, or are not traded before, with respect to that group or party, or that part of that group or party, the measures taken in respect of that group or party; General management measures are required.


Article 32

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Our Minister is in the interests of public health or safety, and in the case of technical products, also in the interests of human health or the safety of cases, to impose a burden on the health or safety of human beings, and to ensure that the Administrative coercion to enforce:


Article 32a

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  • 2 The amount of the administrative fine shall be determined in accordance with the rules laid down in the Annex, except that the amount of money to be paid for a separate infringement shall not exceed the amount of the sixth category, as specified in the Annex. Article 23 (4) of the Code of Criminal Law shall be.

  • 3 By way of derogation from the first member, the offence cannot be cancelled with an administrative penalty if for the violation based on the Law on economic crimes imposed a higher fine than the one in the Annex with regard to the offence provided for in respect of the offence, and:

    • a. the intentional or reckless violation has the effect of a direct threat to human health or safety; or

    • b. the administrative fine provided for in the Annex to the offence is significantly exceeded by the economic advantage gained by the infringement.


Article 32b

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  • 1 In the case of a general measure of administration, an annex shall be adopted, which shall determine the amount of the penalty to be imposed for each infringement specified therein, based on the amount of the amount of the amount of the amount of the worker, the amount of which shall be determined by the amount of the amount of the the extent of reproach, turnover, or part of the turnover of the natural or legal person concerned. Rules governing the manner in which the height of the penalty is determined may be imposed on or under the general measure of management.

  • 2 The nomination for a general measure to be adopted under the first paragraph shall, if the measure does not result from a binding decision of the European Union, not be done earlier than four weeks after the design has been submitted to both chambers of the States-General has been submitted.


Article 32c

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The following Article 25 designated officials shall be entitled to maintain and enforce any standing of the investigation that he shall give his name, previous names, date of birth, year of birth, place of birth and address.


Article 32d [ Expired by 01-07-2009]

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Article 32e [ Verfalls by 01-07-2009]

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Article 32f [ Expired by 01-07-2009]

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Article 32g [ Expired by 01-07-2009]

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Article 32h [ Expat per 01-07-2009]

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Article 32i [ Verfalls by 01-07-2009]

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Article 32j [ Expon per 01-07-2009]

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Article 32k

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  • 1 By way of settlement of our Minister, the marketing of goods, in respect of which indications are given that they present a danger to the safety or health of humans, may be temporarily prohibited until the investigation is intended to be carried out in accordance with the procedure laid down in Article 4 of the Article 5:18 of the General Administrative Law , Article 188 of Regulation (EU) No 952/2013 or Article 1:24 of the General Customs Act with respect to these goods has been completed.


Article 32l

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  • 1 Our Minister may order the seizure of the Article 32k had been ordered to order.

  • 2 The following: Article 25 designated officials shall be competent to seizure as referred to in the first paragraph.

  • 3 Our Minister designates the location for storage of the seizure order and also determines the conditions under which that storage should take place.


Article 32m

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  • 1 Our Minister may have proved the destruction of dangerous goods, ordered.

  • 2 Our Minister shall designate the officials responsible for the destruction of the goods referred to in the first paragraph.


Article 32n

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  • 1 The costs associated with the Article 32l intended storage and the storage Article 32m That destruction shall be borne by the offender.

  • 2 Our Minister may order the costs referred to in paragraph 1 above in the case of a compulsory order.


Article 33

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  • 1 The applicant or the holder of the designation or approval or the person for whom the work is to be carried out may, to the extent that this is not already possible on the basis of Article 13b , the costs associated with the following costs are charged:

    • a. In the case of inspections or checks provided for in this Act of goods, including the verification of the documents prescribed therein, and of the conformity of those documents with the documents in question;

    • b. the handling of an application for a permit as intended Article 5 (b) (b) , or the designation of an institution;

    • (c) the examination of an application for renewal of a licence as referred to in Article 5 (b) (b) , the renewal of a designation of an institution, or of pre-announced and recorded checks, or the requirements for the permit or designation are still fulfilled;

    • d. the handling of an application for a document that Our Minister can provide to or under this Act and does not concern a permit as intended in Article 5 (b) (b) , or the designation of an institution.

  • 2 The amounts to be reimbursed for the costs shall be determined by means of a ministerial arrangement.


Article 34 [ Verfalls by 11-09-2015]

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Article 35 [ Exp. by 11-09-2015]

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Article 36

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We shall determine the date of entry into force of this law. At that time the Warenwet ( Stb. 1919, 581), as it was amended by the Law of 29 June 1925 ( Stb. 308).


Article 37

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This law is cited as: Warenwet.

Burdens and orders, which are in the State Sheet will be placed and that all the Ministerial Departments, Authorities, Colleges and Officials, who so concern, will keep their hands on the precise implementation.

Given in The Hague, the 28th December 1935.

WILHELMINA.

The Minister of State, Minister of Colonies,

H. Colijn.

The Minister for Foreign Affairs,

The Graeff.

The Minister of Justice,

Van Schaik.

The Minister for Internal Affairs,

J. A. de Wilde.

The Minister of Education, Arts and Sciences,

J. R. Slotemaker de Bruine.

The Minister of Finance,

How old.

The Minister of State, Minister of Defence a. -

H. Colijn.

The Minister of Water,

From Lidth the Jeude.

The Minister for Trade, Industry and Shipping,

H. Gelissen.

The Minister for Agriculture and Visscherij,

L. N. Deckers.

The Minister for Social Affairs,

M. Slingenberg.

Published one and thirtieth of December 1935.

The Minister of Justice,

Van Schaik.