DRAFT LAW NO. 428 /X

Establishes measures to promote accessibility of persons with

visual impairability to information about certain

goods of sale to the public

Exhibition of Motives

A society that does not actively promote the inclusion of people with

disability forgets principles of humanity and basic solidarity and fails us

your social integration duties.

Thus, from among the constitutional tasks of the state, it takes special importance to

of the realization of a policy of integration of persons with disabilities that allows

mitigate the limitations of which these priests, beyond those that are

forced consequence of their state of health.

Making life easier for people with disabilities by removing or mitigating the obstacles

with which these confront themselves in their daily lives, they cannot therefore cease to constitute

a duty of the state and an obligation of society.

That duty is, since soon, proclaimed in the Constitution of the Portuguese Republic,

whose Article 71 obliges, in its n. 2, the State " to carry out a national policy of

prevention and treatment, rehabilitation and integration of citizens with disabilities and support

to their families, to develop a pedagogy that sensitizes society about the duties of

respect and solidarity with them and to assume the burden of the effective achievement of their

rights ... "

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At the infraconstitutional level, Law No. 38/2004 of August 18 came to define the foundations

general of the legal regime for prevention, habilitation, rehabilitation and participation of the

person with disabilities, promoting equality of opportunity and elimination

of barriers that prevent the full participation of the person with disabilities.

The principle of citizenship, enshrined in Article 5 of the said Law, acknowledges that " The

person with a disability is entitled to access to all the goods and services of the society, as well as the

right and the duty to play an active role in the development of society. "

And Article 29, under the epiggraft rights of the consumer , statui that " Compete for the State

adopt specific measures necessary to ensure the consumer's rights of the person with

disability, notably by creating a special protection regime. "

Finally, in its Article 43, Law No. 38/2004 provides that " The state and the rest

public and private entities must place at the disposal of the person with a disability, in format

accessible, specifically in braille, enlarged characters, audio, sign language, or registration

proper informatics, information about the services, resources and benefits that are destined for them. "

In turn, the Resolution of the Council of Ministers No. 9/2007, which approved the Plan

National Accessibility Promotion, and has been already approved by the current Government, in the

sequence of the proceedings initiated by the previous executive, has scheduled to establish

an important set of measures aiming at the improvement of the quality of life of

all citizens and, in particular, the realization of the rights of citizenship of the people

with special needs.

From among those measures, they avulate the creation of appropriate information systems to

all citizens, as well as the promotion of alternative information in

public service establishments, notably existence of amendments in

braille and enlarged characters in selected restaurants or the marking in

braille /relief in products whose ingestion or body application presents

dangerousness.

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Recognizing to be still many the difficulties still facing people

with disabilities and not unaware of the much that there is to be done, the present initiative

intends, in any case, to also offer a contribution to the realization of

some of the proclaimed discourses in the aforementioned diplomas, minoring the

difficulties encountered by people with visual impairability in access to

certain goods intended for sale to consumers.

In fact, from among the numerous obstacles with which people with disabilities

visual encounter on a daily basis, avulate that of the access to information about products of

consumption .

It is certain that on some commercial surfaces and in certain goods and products,

it is already made available that kind of information, on the initiative of the agents themselves

economic or as a result of the establishment of protocols with organizations

nongovernmental, whose civic participation, fair is to recognize, much has

contributed to the removal of the barriers faced by people with

disability.

It persists, however, a huge difficulty in accessing information on the goods and

marketed products, which translates into increased exclusion and dependence

for these citizens.

On the other hand, and generally, the lack of proper identification of the

foodstuffs and other current consumer products, makes it impossible to

their distinction after they have been acquired.

Consequently, the difficulty is not exhausted in the acquisition of the products:

prolong itself in its handling and domestic use.

It is these undesirable realities that the present diploma intends to counter.

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Thus, when it is not possible for the establishments that trade

simultaneously foodstuffs and non-food products, intended for

sale to the end consumer, ensure personalized follow up of the people

with visual impairment, it is instituted to make it compulsory for the same to indicate the

sale price of these genera or products in Braille or through appropriate

information systems.

It is also required that in the labelling of food packaging and

of the non-food products that are found to be exposed in the areas of sale of the

referred to as trade establishments, be entered in Braille or through another

information system suitable for people with visual impairability,

in particular the respective name of sale, its characteristics, the date of

their minimum durability or consumption limit date, their special conditions of

conservation, where appropriate, as well as, where the flammability, the

toxicity or other characteristics of the product require it, the special precautions to

take in the respective use and conservation.

A balanced sanctionatory regime is planned, but to allow it to dissuade

effectively the violation of the standards contained in this diploma, by targeting, by

other side, a share of the product of the fines applied for financial support to

programmes and projects aimed at persons with disabilities.

Finally, a regime of entry into force is established that grants a reasonable

time to adapt to the entities in it covered and which recognizes, still, the

specificity of smaller trade establishments.

So, in the applicable constitutional and regimental terms, the Deputies

the undersigned, of the Parliamentary Group of the Social Democratic Party,

present the following draft law:

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Article 1.

Subject

1-This diploma establishes measures to promote accessibility of

people with a visual impairability to certain foodstuffs or products not

food, intended for sale to the final consumer.

2-For the purposes of the preceding paragraph, the price of sale of foodstuffs

or non-food products, as well as the labelling of the respective packaging,

must contain an appropriate information system for persons with disabilities

visual.

Article 2.

Definitions

For the purposes of this Law, it is understood by:

a) "Area of sale", the entire area intended for sale where buyers have

access or foodstuffs or non-food products if

they find exposed or are prepared for immediate delivery;

(b) "Denomination of sale", the denomination provided for in the provisions

laws of the European Union applicable to a particular gender

foodstuff or non-food product or, in the absence of provisions of the

European Union, the denomination provided for in legal provision or standard

portuguese and, failing that, consecrated by the use or by a description of the

foodstuff and, if necessary, of its use, sufficiently

need to allow the buyer to know the true nature of the

gender or product and distinguish it from others with which it may be

mistaken;

(c) "Packaging", the container or casing of a foodstuff or

non-food product that is intended to contain it, packaging it or

protect it;

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d) "Establishment of mixed trade", the place where they exercise, in

concurrent, food and non-food trade activities, such as it is

defined in the aliea f) of Article 3 of Law No 12/2004 of March 30;

E) "Label", all support apensed to the foodstuff itself or

product not to feed or put on the packaging in which these are

sold to the public;

f) "Gender food or non-food product pre-packaged" unit of

sale intended to be presented as such to the final consumer,

consisting of a foodstuff or by a non-food product, and

by the packaging in which it was packaged, before it was presented for

sale, whether the packaging covers it in totality, or partially, but from

mode that the content cannot be changed without that one might be

breached;

g) "Gender food or non-pre-packaged food product", the

food or non-food products presented for sale

in bulk or avulso, foodstuffs or non-food products

packaged at the sales posts, at the request of the buyer, or the genera

food or pre-packaged non-food products for sale

immediate;

h) "Letter", all support where the price of a single genus is indicated

food or non-food product;

i) "List", all the support where the prices of various genera are indicated

food or non-food products;

j) "Price of sale", a valid price for a given quantity of the

foodstuff or non-food product;

(k) "Labelling", the set of mentions and indications, symbols and marks of

manufacturing or trade, relating to foodstuff or product no

feed, which feature either on the packaging, on label, label, strap

or gargantilan;

l) "Personalized follow-up service", the service secured by the

establishment of mixed trade that provides the person with

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visual impairability the access accompanied to foodstuffs or

non-food products that are exposed in the area of sale.

Article 3.

Indication of prices

1-In cases where a follow-up service is not made available

personalized, the levers, labels or lists used in the marketing of

food or non-food products, which are found in the areas of

sale of mixed-trade establishments, must include the denomination of

sale and the indication of the respective price in braille or through another system of

information suitable for people with visual impairability.

2-The provisions of the preceding paragraph shall be without prejudice to any other legal impositions

applicable to the marketing of these foodstuffs or products not

food.

Article 4.

Labelling

1-A labelling of packaging of foodstuffs and products not

food that they find themselves exposed in the areas of sale of establishments of

mixed trade shall, without prejudice to other legally required indications,

contain, in Braille or through another information system suitable for people

with visual impairability:

a) The name of sale;

b) The characteristics, in particular nature and identity;

c) the date of the minimum durability or the consumption limit date;

d) The special conditions of conservation, where appropriate,

notably when dealing with foodstuff with a limit date of

consumption;

e) Where appropriate, a mention regarding appropriate precautions and against-

indications;

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f) When the nature of the product, particularly its flammability,

toxicity or other characteristics likely to cause harm to health and

safety of people and animals, demand it, special precautions to be taken

for their respective use and conservation.

2-In foodstuffs or prepackaged non-food products, the

indications of labelling referred to in the preceding paragraph are the responsibility,

depending on the cases, from the respective manufacturer, packer or importer.

3-In foodstuffs or non-food products that are not pre-

packaged, sold or exposed for sale to the final consumer, the indications of

labelling provided for in paragraph 1 are the responsibility of the retailer.

Article 5.

Counter-ordering

1-A violation of the provisions of Article 3 (1) constitutes counterordinate punishable

with the following fines:

a) from € 1000 a to € 3000, if the offender is a natural person;

b) From 5000 a to € 15000, if the offender is a legal person.

2-A violation of the provisions of paragraph 1 of the previous article by the manufacturer, packer or

importer, constitutes counterordinance punishable by the following fines:

a) from € 10000 a to € 30000, if the offender is a natural person;

b) From 50000 a to € 150000, if the offender is a legal person.

3-A violation of the provisions of paragraph 1 of the previous article by the retailer constitutes

counterordinance punishable with the following fines:

a) from € 2000 a to € 6000, if the offender is a natural person;

b) From 10000 a to € 30000, if the offender is a legal person.

Article 6.

Application of fines

1-A The application of the fines provided for in the preceding Article shall compete with the Authority of

Food and Economic Security (ASAE).

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2-The product of the applied fines reverses:

a) 60% for the State;

b) 30% for the entity that proceeded to the instruction of the proceedings;

c) 10% for financial support, under the terms set out by the Government, the

programmes and projects aimed at persons with disabilities.

Article 7.

Application to Autonomous Regions

In The Autonomous Regions of the Azores and Madeira, the skills referred to in the

previous article are exercised by the relevant departments and bodies of the

respective regional administrations.

Article 8.

Entry into force

1-Without prejudice to the provisions of the following number, this Law shall enter into force 120

days after its publication.

2-The provisions of Article 3 (1) and Article 4 (3) shall come into force, in the case

of trade establishments which have a sales area of less than 180 m²,

no later than 180 days after the publication of this Law.

Palace of S. Bento, December 14, 2007

The Deputies,