LAW OF THE REPUBLIC OF MOLDOVA

of December 22, 2006 No. 422-XVI

About general safety of products

The parliament adopts this organic law.

Chapter I. General provisions

Article 1. Scope

(1) This law establishes the general legislation of safety of products provided in the market of the Republic of Moldova and is applied to all products determined in the concept "products" of article 2 of this law.

(2) Provisions of this law are applied in that measure in what there are no special technical regulations concerning safety of the corresponding products.

(3) In case safety of products falls under action of special technical regulations, this law is applied only to those aspects and risks or categories of risks which are not covered by special technical regulations, as follows:

a) the concepts "safe products" and "dangerous products" of Article 2 and part (2) - (5) Article 3 are not applied to these products to risks or categories of the risks provided by the corresponding technical regulations;

b) Article 4-9 are applied in all cases, except as specified, in which there are special technical regulations concerning the aspects falling under operation of the specified articles.

(4) This law does not extend on:

a) foodstuff;

b) stern for animals, plant and live animals;

c) the waste products of the person and products of vegetable and animal origin which are directly connected with their subsequent reproduction;

d) narcotic, psychotropic substances and precursors;

e) medical products, the active implanted medical products, medical products for diagnostics of in vitro;

f) medicines for people and animals.

(5) Requirements to safety of products specified in part (4) this Article, are regulated by special laws.

Article 2. Basic concepts

For the purposes of this law the following basic concepts are used:

products - any material value known under product name which - including in the course of rendering services - is intended for consumers or can be used by consumers under reasonably predictable conditions even if it was not intended for them and which is delivered or provided, for a fee or gratuitously, in the course of business activity, new, used or recovered, irrespective of sale method. This determination is not applied to products which are delivered as antiques or in product quality, requiring repair or recovery before its use provided that the supplier accurately informs person to whom it delivers products, about need of repair or recovery;

safe products - any products which under normal or reasonably predictable conditions of use, including service life and, depending on circumstances, putting into operation, installation and maintenance, do not represent any risk or represent only minimum risk compatible to use of products and considered as acceptable and consistent with the high level of protection of health and safety of people, in view of:

a) product characteristics, in particular structure, packaging, conditions, depending on circumstances, assembly, installation and maintenance;

b) influence on other products in case there are reasonable grounds to expect that it will be used together with other products;

c) registration of products, its labeling, any preventions and instructions for its use and destruction, and also other designations or data on these products;

d) categories of the consumers who are put risk when using products, in particular, children and elderly people.

The possibility of achievement of higher level of safety or availability of other products representing lower risk degree cannot form good cause to consider products dangerous;

dangerous products - any products which do not correspond to determination "safe products";

serious risk - any significant risk, including risks which consequences are shown not directly, requiring bystry intervention of bodies of the public power;

producer:

a) the manufacturer of products - in case he has the location in the Republic of Moldova, or any other authorized person which represents itself as the manufacturer by assignment of products of the name, trademark or other distinctive mark, and also the authorized person which recovers these products;

b) the representative of manufacturer - when the manufacturer has no location in the Republic of Moldova;

c) the importer of products - when at the manufacturer is not present the representative with the location in the Republic of Moldova;

d) other business entities participating in process of provision of products in the market - in that measure in what their activities can influence characteristics of safety of products;

provision of products in the market – delivery to the market of products for distribution, consumption or use in the course of business activity, for a fee or free of charge;

the distributor - any business entity participating in process of provision of products in the market whose activities do not influence characteristics of safety of products;

withdrawal - any measure aimed at providing return of dangerous products which the producer or the distributor already delivered to the consumer or provided in its order;

response - any measure directed to prevention of provision in the market of products, dangerous to the consumer.

Chapter II General requirement of safety and criteria for evaluation of compliance

Article 3. General requirement of safety and criteria for evaluation of compliance

(1) Producers (importers) and distributors shall provide only safe products in the market.

(2) Products are considered safe if it corresponds to the special technical regulations establishing the main requirements to which products shall answer to have opportunity to be provided in the market.

(3) products Compliance to the interconnected standards assumes that products are safe concerning risks or categories of the risks falling under action of the applied national technical regulations.

(4) In circumstances, others what specified in parts (2) and (3) this Article, products compliance to the general requirement of safety is estimated taking into account the following elements, on condition of their availability:

a) voluntary standards in addition to interconnected with national technical regulations, specified in part (3) this Article. Requirements of the corresponding standards are intended for providing the fact that products conforming to these voluntary standards conform to the general requirement of safety. The list of such standards is established by the regulating bodies and published in the Official monitor of the Republic of Moldova;

b) recommendations of the regulating bodies for assessment of safety of products;

c) the codes of common practice in the field of safety of products existing in the relevant sector;

d) modern level of achievements of science and/or equipment;

e) reasonable consumer expectations concerning general safety of products.

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