Abu Dhabi: Members of the Federal National Council on Wednesday passed a draft federal law on consumer product safety to protect the public against risks of injury associated with these products.
The bill, which has to be signed into law by President His Highness Shaikh Khalifa Bin Zayed Al Nahyan, also prohibits those products that are substandard.
Under the draft law, the products are to be recalled if they are found to be hazardous in nature.
Sultan Bin Saeed Al Mansouri, Minister of Economy, told the House that the new draft law is meant to protect consumers and ensures that all consumer products, both locally manufactured and imported, are safe.
“The new legislation is part of the UAE’s wider legal framework including the Food Safety Law and the Consumer Protection Law,” Al Mansouri, also chairman of the Emirates Authority for Standardisation and Metrology, said.
The new regulation also assists consumers in evaluating the comparative safety of consumer products and contributes to developing uniform safety standards for consumer products.
The draft law applies to any business — including those in free zones — involved in the import, manufacture and supply of goods to consumers. These businesses are required to comply with the law and protect consumers by ensuring that their goods are safe.
The safety and quality of products (whether produced in the UAE or imported) is regulated by the Emirates Authority for Standardisation and Metrology (Esma), which regulates all matters relating to standards, measurements, quality, and standardisation of products.
If any business cuts corners on safety, it could face criminal prosecution, would have to withdraw or recall products from the market and face legal action from consumers to recover damages for the harm caused, according to the new law.
Offenders will face prison terms and fines ranging between Dh500,000 and Dh3 million.
The scope
The legislation covers products that are intended for consumers or reasonably likely to be used by them, even if not intended for them (such as heavy duty tools for DIY); they are required to be safe. This applies whether the goods are new, reconditioned or second hand.
This also includes items provided to consumers for use by them when being provided with a service, such as gym equipment or a hairdryer in a hotel room.
Products must be safe and comply when they are available for supply, or ‘placed on the market’. This occurs when a manufacturer first makes the product available for further supply or when an importer takes ownership of the goods once they have been cleared by customs.
Products are ‘supplied’ when they are sold (including where they are exchanged for no money), hired (including hire purchase and letting) or lent to consumers, and includes where they are supplied as part of a contract for work. Even giving products as a prize or gift is supply, the draft law states.
Under it, a safe product is one that provides either no risk or a minimum acceptable level of risk, taking into account the normal or reasonably foreseeable use of the product and the need to maintain a high level of protection for consumers.
The obligations
If you are a producer (importer, manufacturer, own brander, reconditioner etc) then you are responsible for ensuring your products are safe and carry adequate instructions and warnings for consumers to use them safely.
You will also need to undertake some form of ‘conformity assessment procedure’, which is the means set out in the legislation by which the product is shown to be safe (such as by manufacturing to standards or being assessed by a third party). The record of this (the technical file) needs to be maintained for at least ten years.
Once in the supply chain, a producer is also required to have measures in place to be able to identify any risks or issues arising from a product’s use so that action can be taken quickly and effectively to trace it and take the necessary corrective action (including issuing a recall).
The distributor (wholesaler, retailer etc) must not supply goods that he/she believe are dangerous. They are required to monitor the safety of the products they supply, passing on information to the producers and cooperating with them if they advise the distributor of a problem. The legislation also requires the distributor to retain records of supply, which must be kept for six years.
It is good practice as a distributor to request assurances from the supplier regarding compliance with the relevant regulations and standards; if possible request up-to-date relevant test certificates for the product.
Whatever role the person fulfils, he/she has the duty ultimately to ensure that you only supply safe products. This duty exists whether the product is intended for consumers or for commercial use.
It is a criminal offence to place on the market or supply unsafe products. The person could face criminal proceedings resulting in a prison term, a fine and forfeiture of the goods, with the subsequent damage to his/her business.
In addition to the criminal law, the Consumer Protection Law gives consumers the right to sue for damages for injury caused by defective products.
