Establishes Measures To Promote Accessibility To Information About Certain Retail Goods For People With Disabilities And Visual Impairments

Original Language Title: Estabelece medidas de promoção da acessibilidade à informação sobre determinados bens de venda ao público para pessoas com deficiências e incapacidades visuais

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334271624451794f4331594c6d527659773d3d&fich=pjl428-X.doc&Inline=false

DRAFT LAW N° 428/X ' DRAFT law  º 428/X establishes measures for the promotion of accessibility for people with visual deficiency is information on certain goods from sale to the public display of Reasons a company that actively promotes the inclusion of people with forget deficiency princà principles of humanity and basic solidarity and failed in their duty of integration social.

Thus, among the constitutional tasks of the State, is of particular importance to the attainment of a Poland of integration of people with deficiency that allows reducing the limitation of µ s that they suffer, beyond those that are the consequence of forcing osa their State of health.

Make life easier to people with deficiency, removing or mitigating the obstacles with which these are faced in their daily lives, cannot therefore constitute a duty and an obligation of society.

This duty is, of course, proclaimed in the Constitution of the Portuguese Republic, whose article 71.  º obliges in its article 2, the State number   «perform a Poland national practice prevention and treatment, rehabilitation and integration of disabled citizens and deficiency of support his family read, to develop a pedagogy that sensitize society about the duties of respect and solidarity towards them and the assume the burden of effective conducting of their direitosâ € ¦ » 2 not vel infra, the law n° 38/2004 ', of 18 August, came to define the General bases of the jurà regime of medical prevention, qualification, rehabilitation and participation of the person with deficiency, promoting equal opportunities and elimination of barriers that prevent the full participation of the person with deficiency.

The princà pio of citizenship, enshrined in article 5 of that Act ', recognises that ' the person with deficiency is entitled to access to all goods and services of society, as well as the right and duty to play an active role in the development of society. » And article 29. °, under the epoxy grafe consumer rights, States that «it is incumbent upon the State to adopt measures especà you're required to ensure consumer rights of person with deficiency, including creating a special regime of protection.» Finally, article 43. °, the law n° 38/2004  µ and has that «the State and other public and private entities must put is wrapping the person with deficiency , accessories, namely format in braille, enlarged characters, audio, sign language, or registration computers tico appropriate, information about the services, resources and benefà cios that they are intended for. » In turn, the resolution of the Council nº 9/2007, which approved the national plan for the promotion of accessibility, and was already approved by the present Government, following the of the work begun by the previous Executive, programmed the established an important set of measures aimed at improving the quality of life of all citizens and in particular, the achievements of the citizenship rights of people with special needs.

Among these measures, displays the creation of systems of information suited to all citizens, as well as the promotion of alternative information in public service institutions, in particular the existence of menus in braille and enlarged characters in selected restaurants or the markup/relief in braille products whose intake or body application present danger. 3 Recognizing that they are still a lot of the difficulties still facing the people with deficiency and not unaware of how much there is to do, this initiative intends to, in any case, offer also a contribution to the lifetime achievement of some of the desà one of us a genius proclaimed in the said diplomas, alleviating the difficulties facing the people with visual deficiency in access to certain goods for sale to consumers.

In fact, among the numerous mere obstacles people with visual deficiency facing daily, we of the access to information on consumer products.

‰ is right that in some commercial species and in superfan certain goods and products, already is provided this type of information, on the initiative of the next economic agents themselves ³ ³ monkeys or as a result of the establishment of protocols with µ s organization not governmental organizations whose membership code vica, fair is to recognize, much has contribuà to the Elimination of the barriers faced by the people with deficiency.

Persists, however, a huge difficulty in access to information on goods and products, which translates to deletion and dependency added to these citizens.

On the other hand, and generally speaking, the inexistà of proper identification of gà © genres alimentà cios and other consumer products, makes impossà to your distinction after ³ s have been acquired.

Consequently, the difficulty is not exhausted in the acquisition of goods: extends in its handling and use home users.

Are these undesirable situations that this diploma aims to counteract.

4 so when not could to establishments that sell simultaneously gà © genres alimentà cios and non-food products intended for sale to the final consumer, ensure that personalized follow-up of people with visual deficiency, is instituà of mandating the same indicate the sales price of these genres or products gà © in Braille or through suitable systems of information.

Μ Empire and, also, that the labelling of the packaging of gà © genres alimentà cios and non-food products which are exposed in the areas of sale of such trade establishments, is inscribed in Braille or through other information system suitable for people with visual deficiency, in particular its appellation of sale its features, the date of durability nima method or deadline, their condition µ s conservation special, when appropriate, as well as, whenever the flammability, toxicity or other features of the product require, the precauà of special µ to take in its utilization and conservation.

Is a ‰ sancionatà ³ balanced River regime, but that allows effectively to deter violation of the rules contained in this regulation, and, on the other hand, a portion of the proceeds of fines imposed for financial support for programs and projects aimed at people with deficiency.

Finally, it is established a system of entry into force granting a reasonable adaptation time is s entities in it covered and recognising the specificity of trade establishments of smaller dimension.

Thus, in accordance with constitutional and applicable regulations, the undersigned, Members of the parliamentary group of the Social Democratic Party, present the following Bill: 5 Article 1. º 1 Subject â €  “ this Decree-Law establishes measures of promotion of accessibility for people with visual deficiency to specific genres alimentà gà © cios or non-food products intended for sale to the final consumer. 2 â € “ To the effects of the previous number, the sale price of gà © genres alimentà or non-food products, as well as the labelling of their packaging, must bear an information system suitable for people with visual deficiency.

Article 2. Â º µ s definition


For the purposes of this law: (a))  «Ã » venda area, all the area destined to sale where buyers have access or the gà © genres alimentà or non-food products are exposed or are ready for immediate delivery; b)  «Appellation of venda», the appellation in the wrapping µ s legislation of the European Union applicable to a particular gender alimentà cio or non food product or, in the absence of wrapping µ s of the European Union, the appellation is provided for in the legal provisions or Portuguese rule and, in the absence thereof , consecrated by use or by a description of gender alimentà heat and, if necessary, their utilization, sufficiently precise to allow the buyer to know the true nature of gender or product and distinguish it from others with which it could be confused; c) «Embalagem», the invalid container or a profit ³ gender alimentà cio or non-food product that is intended to contain it, acondicionà it or protect it; 6 d) «establishment of trade misto», the place where engaged in simultaneous, food trade activities and not the feed, such as is defined in in and f) of article 3. º of law No 12/2004 °, March 30; e) «Etiqueta», all attached to support own ³ prio gender alimentà cio or non food product or placed on the packaging in which they are sold to the public; f)  «gender alimentà cio or non food product pre-embalado» any single item for presentation as such to the final consumer, the constituà by a gender alimentà heat or food, not product and the packaging into which it was put before being offered for sale, whether such packaging encloses the entire, partially, but so that the information can not be changed without that can be violated; g) «gender alimentà cio or product does not feed not pre-embalado», gà © genres alimentà or non-food products presented for sale in bulk or loose, gà © genres alimentà or non-food products packed in points of sale, at the request of the buyer, or the gà © genres alimentà or non-food products pre-packaged for immediate sale; h)  «Letreiro», the support where it is indicated the price of a single gender alimentà cio or product not supplied; I)  «Lista», the support where the prices are indicated in various gà © genres alimentà or non-food products; j)  «venda» price, a price valid for a certain amount of gender alimentà cio or the product is not supplied; k) «Rotulagem», the mention and µ µ s indication, are symbols and trade marks or trade, concerning gender alimentà cio or non food product listed on the packaging, label, label, ³ frog strap or Choker; l) «service monitoring» personalizadoÂ, the service provided by the establishment of joint trade that provides is person with visual deficiency 7 access accompanied the gà © genres alimentà cios or not food products are exposed in the area.

Article 3. º indication of prices 1 â € “ in cases where it is not available a custom tracking service, signs, labels or lists used in the marketing of gà © genres alimentà or non-food products, which are in the areas of sale of mixed trade establishments, should include the appellation of sale and the indication of the corresponding price in braille or via another information system suitable for people with visual deficiency. 2 â € “ the provisions of the previous number does not harms any other imposià of µ legal applicable is the marketing of these gà © genres alimentà or non-food products.

Article 4. º â €  1 Labeling “ labeling packages of gà © genres alimentà cios and non-food products which are exposed in the areas of sale of mixed trade establishments must, without prejuà zo other indication µ s are legally required, contain, in Braille or through other information system suitable for people with visual deficiency : a) the appellation of sale; b) features, including nature and identity; (c)) date of durability nima method or the deadline; d) The condition of special conservation µ, when appropriate, in particular in the case of gà © genres alimentà cios with deadline; e) where appropriate, a mention on the appropriate precauà of µ s and contra-indication µ; 8 f) When the nature of the product, in particular its flammability, toxicity or other features to susceptà damage is health and safety of people and animals, so requires, the precauà of special µ to take for their use and conservation. € “ In 2 â gà © genres alimentà or products not pre-packed food the indication of µ labelling referred to in the previous number are the responsibility, as appropriate, of the manufacturer, packer or importer. 3 â € “ gà © genres alimentà Us cios or non-food products that are not pre-packaged, sold or exposed for sale to the final consumer, the indication µ s of labelling laid down in paragraph 1  are the responsibility of the retailer.

Article 5. º Against-1 µ s ordering € “ â the violation of the provisions of article 3, paragraph 1 Â.  º constitutes contra-ordenaà of punctures with the following fines: a) â ‚ ¬ â € ‚ 1000 3000, if the offender is a natural person; b) â ‚ ¬ â € 15000 ‚ 5000, if the offender is a legal person. 2 â € “ the violation of the provisions of the preceding article, paragraph 1  by the manufacturer, packer or importer, is contra-ordenaà of punctures with the following fines: the â € ‚) â ‚ ¬ 10000 30000, if the offender is a natural person; b) â ‚ € â ‚ ¬ 50000 150000, if the offender is a legal person. 3 â € “ the violation of the provisions of the preceding article, paragraph 1  by the retailer is the contra-ordenaà punctures with the following fines: a) â ‚ ¬ â € 6000 ‚ 2000, if the offender is a natural person; b) â ‚ ¬ â € ‚ 10000 30000, if the offender is a legal person.

Article 6. º application of fines 1 â € “ the application of the fines provided for in the previous article competes is Food Security Authority and Economic ³ mica (ASAE). 9 2 â “ € the proceeds of fines imposed reverts: 60% to the State); b) 30% to the entity which is the statement of the process; c) 10% for financial support, in accordance with the procedure defined by the Government, the programs and projects aimed at people with deficiency.

Article 7. ° application to Standalone ³ µ s nomas Region In µ s Standalone Region ³ nomas of action ores and wood, the competence referred to in the preceding article downloads are carried out by services and the competent bodies of the respective µ s regional administration.

Article 8. º entry into force 1 â € “ Without prejuà zo provided in number following, this law shall enter into force 120 days after ³ s your publication. 2 â € “ paragraph 1 of article 3 º Â. ° ° and paragraph 3 of article 4. º shall enter into force, in the case of trade establishments that have a sales area of less than 180 m ² within 180 days after ³ s the publication of this law.

Potala s. Benedict, December 14 2007 Members,