LAW OF UKRAINE

of December 2, 2010 No. 2736-VI

About general safety of non-food products

This Law establishes the legal and organizational principles of issuance in Ukraine of non-food products and ensuring its safety.

Section I. General provisions

Article 1. Determination of terms

1. In this Law the terms below are used in the following value:

safe non-food products (further - products) - any products which in case of regular or reasonably predictable conditions of use (including concerning service life and in need of putting into operation of requirements concerning establishment and technical maintenance) do not constitute any risk or constitute only minimum risks predetermined by use of such products which are considered as acceptable and do not create threat to public concerns, taking into account:

product characteristics, including its structure, packaging, requirements, concerning establishment and technical maintenance;

influences of products on other products if it is used together with it;

preventions which contain on the label of products, in the instruction for its use and destruction, and also in other information concerning products;

cautions concerning consumption or use of products certain categories of the population (the children expectant with mothers, people, advanced years and so forth);

the term introduction of products in the address is excluded;

withdrawal from turnover - any action directed to prevention of provision in the market of products which are in products supply chain;

the producer is:

physical person or legal entity - resident of Ukraine which is manufacturer of products, or any other person - the resident of Ukraine who declares himself as about the manufacturer, placing on products according to the legislation the name, trademark or other designation, or person - the resident of Ukraine who recovers products;

the authorized representative of the manufacturer of products in Ukraine (if manufacturer of products is the physical person or legal entity - the nonresident of Ukraine);

the importer of products (if manufacturer of products is the physical person or legal entity - the nonresident of Ukraine who does not have the authorized representative in Ukraine);

response - any action aimed at providing return of products which were already provided to the consumer (user);

recovery of products - provision of products which were in the use, properties new for the purpose of its repeated provision in the market of Ukraine;

safety of products - complex of actions which are applied by producers, distributors, bodies of the state market supervision for the purpose of ensuring compliance of products which are introduced into circulation in the market of Ukraine, to the general requirement on safety of non-food products;

the term the importer is excluded;

the user - physical person which acquires orders, uses or intends to acquire or order products for the requirements connected with implementation of economic activity or for ensuring accomplishment of obligations with hired employee, or the legal entity who acquires orders, uses or intends to acquire or order products;

products supply chain - the sequence of subjects of housekeeping which provide delivery of products from the producer to the consumer (user);

the term representation of products in the market is excluded;

dangerous non-food products - any products which do not answer the determination of the term "safe non-food products" noted in this Article;

delivery of products - any transactions which are performed according to agreements of purchase sale, exchange, delivery, and other civil agreements providing transfer of property on such goods for compensation irrespective of terms of its provision, and also transaction on bezoplatny delivery of goods (results of works) and transaction on cession of property by the lessor (lessor) on balance of the lessee (leasing recipient) according to agreements of finance lease (leasing) or delivery of property according to any other agreements which conditions provide payment deferral and transfer of property on such property not later than date of the last payment;

products - any substance, the medicine or other goods made during production process;

the term distribution of products is excluded;

the term the distributor is excluded;

serious risk - any threat to public concerns which needs surgery of state bodies, including such which consequences are not shown immediately;

risk degree - or products can constitute the level of danger (threat) to public concerns which constitutes;

the term subjects of housekeeping is excluded;

public concerns - safety of life and human health, safe working conditions, consumer protection (users), environment protection;

the term the authorized representative of the manufacturer of products in Ukraine is excluded.

2. The terms "service", "work", "service life", are used in this Law in values of the Law of Ukraine "About consumer protection"; the terms "code of established practices", "international standard", "national standard", "regional standard" and "standard", - in values of the Law of Ukraine "About standardization"; the terms "introduction into circulation", "importer", "provision in the market", "risk", "distribution", "distributor", "subjects of managing", "technical regulation" and "authorized representative" - in values of the Law of Ukraine "About technical regulations and assessment of conformity"; the terms "body of the state market supervision" and "state market supervision" - in values of the Law of Ukraine "About the state market supervision and control of non-food products".

Article 2. Law coverage

1. Operation of this Law extends to all products concerning which technical regulations do not establish special requirements concerning ensuring its safety, except for the types of products noted in part three of this Article.

2. If the laws of Ukraine and other normative legal acts, including technical regulations accepted according to them, establish special requirements concerning safety of certain types of products, provision of this Law, are applied in part which is not settled by noted acts.

3. Operation of this Law does not extend on:

1) services and works;

2) foodstuff, nutritional supplements, fragrances, dietary additives and auxiliary materials, for conversion of foodstuff;

3) animal products;

4) stern, feed additives and premixes;

5) live plants and animals;

6) products of human, vegetable and animal origin which are directly used as the reproductive material intended for reproduction;

7) alcohol, alcoholic beverages and tobacco products;

8) medicines and veterinary medicines;

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