Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334271624451794f4331594c6d527659773d3d&fich=pjl428-X.doc&Inline=false
DRAFT law No. 428/X establishes measures to promote accessibility for people with visual disabilities to information about certain retail goods explanatory memorandum to a society that actively promotes the inclusion of disabled people forget the principles of humanity and solidarity and failed in their basic duties of social integration.
Thus, among the constitutional tasks of the State, is of particular importance to the implementation of a policy of integration of people with disabilities that allow reducing the limitations that they suffer, in addition to those that are the result of your state of health need.
Make life easier for people with disabilities, by removing or mitigating the obstacles with which these meet in your everyday life, cannot fail to be a duty of the State and an obligation of society.
This duty is, of course, proclaimed in the Constitution of the Portuguese Republic, whose article 71 requires, in your paragraph 2, the State ' to carry out a national policy for prevention and treatment, rehabilitation and integration of disabled citizens and support to their families, to develop a pedagogy that sensitize society about the duties of respect and solidarity with them and to take the burden of effective realization of their rights ...» 2 infra level, law No. 38/2004, of 18 August, came to define the General bases of the legal regime of prevention, habilitation, rehabilitation and participation of disabled person, promoting equal opportunities and elimination of barriers that prevent the full participation of the disabled person.
The principle of citizenship, enshrined in article 5 of the said Law, recognises that ' the person with disabilities has a right 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 the article 29 Working Party, under the heading consumer rights, States that ' the State adopt specific measures necessary to ensure consumer rights of person with disabilities, notably by creating a special regime of protection.»
Finally, in your article 43, the law No. 38/2004 provides that ' the State and other public and private entities must place at the disposal of the person with disabilities in accessible format, including in braille, enlarged characters, audio, sign language, or appropriate computer record, information about services, resources and benefits to which they are intended. '
For your time, Council of Ministers resolution No. 9/2007, which approved the national plan for the Promotion of accessibility, and has already been adopted by the current Government, following the work initiated 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 achievement of the citizenship rights of people with special needs.
Among these measures, loom large information systems suitable to all citizens, and the promotion of alternative information in public service establishments, in particular existence of menus in braille and enlarged characters in selected restaurants or marking in braille/relief on products whose ingestion or body application present danger. 3 Recognizing that they are still a lot of the difficulties still faced by people with disabilities and not unaware of how much there is to do, this initiative intends to, in any case, also provide a contribution to the achievement of some of the intentions proclaimed in the said diplomas, alleviating the difficulties faced by people with visual disabilities in accessing certain goods intended for sale to consumers.
In fact, among the numerous obstacles that people with visual impairments face daily, looms ahead of access to information on consumer products.
It is true that in some commercial areas and in certain goods and products, is already provided this type of information, by economic agents ' own initiative or as a result of the establishment of agreements with non-governmental organizations, whose civic participation, fair is to recognize, much has contributed to the Elimination of the barriers faced by people with disabilities.
Persists, however, a huge difficulty in access to information on goods and products, which translates into increased dependency and exclusion for these citizens.
On the other hand, and in General, the lack of adequate identification of foodstuffs and other consumer products, makes it impossible to your distinction of being acquired.
Consequently, the difficulty does not end with the purchase of the products: stretches in your handling and domestic use.
Are these undesirable situations that present law seeks to counter.
4 so when it is not possible to establishments that sell simultaneously food and non-food products intended for sale to the final consumer, ensure that personalized accompaniment of people with visual impairment, is established the obligation of the same indicate the selling price of these genera or products in Braille or through suitable information systems.
We must, also, that the labelling of the packaging of foodstuffs and non-food products which are exposed in the areas of sale of such shops, is inscribed in Braille or through other appropriate information system for people with visual impairments, in particular its trade name, its characteristics, your date of minimum durability or use-by its special storage conditions, when applicable, as well as, whenever the flammability, toxicity or other product characteristics require special precautions to be taken in their use and conservation.
A sanctions regime is balanced, but allowing deter effectively to violations of the rules contained in this regulation, and, on the other hand, a portion of the proceeds of fines imposed for financial support for programmes and projects for persons with disabilities.
Finally, we established a system of entry into force granting a reasonable time to adapt to him covered entities and recognising the specificity of trade in smaller establishments.
Thus, in accordance with the rules applicable and constitutional, the undersigned, Members of the parliamentary group of the Social Democratic Party, present the following Bill: 5 article 1 subject-matter 1-this Decree-Law establishes measures to promote accessibility for people with visual impairments to certain food or non-food products intended for sale to the final consumer. 2-for the purposes of the preceding paragraph, the selling price of food and non-food products, as well as the labelling of their packaging, must bear an appropriate information system for people with visual impairment.
Article 2 definitions for the purposes of this law: (a)) «sales», the whole area for sale where buyers have access or the food or non-food products are exposed or are ready for immediate delivery; b) "trade description», the name provided for in the laws of the European Union applicable to a particular food or non-food product or, in the absence of provisions of the European Union, the name provided for in statutory provision or standard Portuguese and, in your absence, the consecrated by use or by a description of the foodstuff and, if necessary, of your use , sufficiently precise to allow the buyer to know the true nature of the genus, or product and distinguish it from others with which it could be confused; c) ' packaging ', the container or wrapper of a food or non-food product that is intended to contain it, repackage it or protect it; 6 d) «mixed» trade Establishment, the place where carry out, at the same time, activities of food and non-food trade, as defined in alíea (f)) of article 3 of law No. 12/2004, of 30 March; and ' Label '), all attached to own food or non-food product or placed on the packaging in which they are sold to the public; f) «food or non-food prepackaged product» single item for presentation as such to the final consumer, consisting of a foodstuff or a non-food 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 contents cannot be altered without that can be violated; g) «food or non-food product not prepacked ' means food or non-food products presented for sale in bulk or loose, the food or non-food products packed in points of sale, at the request of the buyer, or the food or non-food prepackaged products for immediate sale; h) «Sign», all the support where it is indicated the price of a single food or non-food product; I) «List», all the support where are the prices of various food and non-food products; j) "selling price" means a price valid for a given amount of food or non-food product; k) ' labelling ' means the set of markings and signs, symbols and trade marks or trade, concerning food or non-food product, listed on the packaging, label, sticker, strap or Choker; l) «custom tracking Service ' means the service provided by the establishment of joint trade that provides the person with visual disabilities access 7 accompanied to food or non-food products which are exposed on the sales area.
Article 3 price Indication 1 – where is not available a custom tracking service, signs, labels or lists used in the marketing of food or non-food products, which are in the areas of sale of mixed trade, establishments must include the title of sale and price indication in braille or through other appropriate information system for people with visual impairment. 2-the provisions of the preceding paragraph is without prejudice to any other legal constraints applicable to the marketing of such foodstuffs and non-food products.
Article 4 1-Labelling labelling of the packaging of foodstuffs and non-food products which are exposed in the areas of sale of mixed trade establishments shall, without prejudice to any other indications are legally required, contain, in Braille or through other appropriate information system for people with visual impairments: a) the sales description; (b)) the characteristics, namely nature and identity; c) the date of minimum durability or ' use by ' date; d) special storage conditions, when applicable, in particular in the case of foodstuffs with deadline; e) where appropriate, a statement concerning adequate precautions and contra-indications; 8 f) When the nature of the product, in particular flammability, toxicity or your other characteristics likely to cause damage to the health and safety of people and animals, requires special precautions to be taken to their use and conservation. 2-in food or non-food prepackaged products, the labelling particulars referred to in the preceding paragraph are the responsibility, as appropriate, of the manufacturer, packer or importer. 3-in food or non-food products that are not pre-packaged, sold or exposed for sale to the final consumer, the labelling particulars provided for in paragraph 1 are the responsibility of the retailer.
Article 5 administrative offences 1 – infringement of the provisions of paragraph 1 of article 3 constitutes a misdemeanour punishable by the following fines:) 1000 € 3000 €, if the offender is a natural person; b) Of € 5000 to € 15000, if the offender is a legal person. 2-the violation of the provisions of paragraph 1 of the preceding article by the manufacturer, packer or importer constitutes a misdemeanour punishable by the following fines: a) Of € 10000 to 30000 €, if the offender is a natural person; b) € 50000 to € 150000, if the offender is a legal person. 3-the violation of the provisions of paragraph 1 of the preceding article is a misdemeanour punishable by the retailer with the following fines: a) € 2000 to € 6000 if the offender is a natural person; b) Of € 10000 to 30000 €, if the offender is a legal person.
Article 6 Application of fines
1 – the application of the fines provided for in the previous article the Food and economic Safety Authority (EFSA). 9 2 – the proceeds of fines imposed reverts: 60% to the State); b) 30% to the entity that carried out the procedure; c) 10% for financial support, in accordance with the procedure defined by the Government, the programmes and projects for persons with disabilities.
Article 7 application to autonomous regions in the autonomous regions of the Azores and Madeira, the powers referred to in the preceding article are carried out by the competent offices of the respective regional governments.
Article 8 entry into force 1-Without prejudice to the provisions of the following paragraph, this Act shall enter into force 120 days after your publication. 2-the provisions of paragraph 1 of article 3 and paragraph 3 of article 4 shall enter into force, in the case of trading establishments that have a sales area of less than 180 m ², within 180 days after the publication of this law.
Palácio de s. Bento, December 14 2007 Members,
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