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LAW OF UKRAINE

of January 14, 2000 No. 1393-XIV

About withdrawal from turnover, conversion, utilization, destruction or further use of low-quality and dangerous products

(as amended on 23-05-2017)

This Law establishes legal and organizational basis of withdrawal from turnover, conversions, utilizations, destruction or further use of low-quality and dangerous products for the purpose of non-admission of negative impact of such products on life, health of the person, property and the environment.

Section I General provisions

Article 1. Low-quality and dangerous products

In this Law treats low-quality and dangerous products:

products which are not meeting the requirements of the regulatory legal acts existing in Ukraine and regulating documents of rather corresponding types of products to its consumer properties;

products which are not meeting mandatory requirements of the regulatory legal acts existing in Ukraine and regulating documents for its safety for life and health of the person, property and the environment;

products to which with sales objective to consumers the producer (seller) intentionally gave appearance and (or) separate properties of certain type of products, but which cannot be identified as products for which it is issued;

products when which marking the requirements established by the legislation concerning language of marking and (or) to content and completeness of information which shall be reported at the same time are violated;

products which expiration date to the use or use expired;

products on which there are no stipulated by the legislation relevant documents confirming quality and safety of products.

Article 2. Terms and their determination

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

the owner of products - physical person or legal entity - the subject of business activity of all patterns of ownership making or selling the corresponding products;

products - any products (goods) of national production or imported on customs area of Ukraine, intended for consumption and (or) production of other products, including semifinished products and raw materials, and also the materials used in the course of its production, storage, transportation, realization, forging and marking;

withdrawal of products from turnover - the actual termination of turnover (realization) of products performed in accordance with the established procedure according to the decision of the owner of products or specially authorized bodies of the executive authority within their powers;

turnover of products - and finishing movement of products by transition of the property right to it since the moment of its introduction in turnover with consumption, use or withdrawal from turnover;

introduction of products in turnover - production or import to customs area of Ukraine of products with subsequent its realization in the territory of Ukraine;

use withdrawn from turnover of products - actions as a result of which non-admission of negative impact withdrawn from turnover of products on life, health of the person, property and the environment is provided;

utilization withdrawn from turnover of products - use of products as secondary material or energy resources;

destruction withdrawn from turnover of products - mechanical, physical and chemical, biological or other processing and placement (burial) of products or its residual components in specially certain places;

conversion withdrawn from turnover of products - any technological transactions connected with change of physical, chemical or biological properties withdrawn from turnover of products for the purpose of preparation it to utilization or further use of these products on condition of its reduction in compliance with requirements of regulatory legal acts and regulating documents;

the address with products withdrawn from circulation - the actions directed to conversion, utilization or destruction withdrawn from turnover of products.

Article 3. Law coverage

This Law governs the relations arising in the course of withdrawal from turnover, conversion, utilization, destruction or further use of low-quality and dangerous products and extends to owners of low-quality and dangerous products, executive bodies, local government bodies, and also the companies performing conversion, utilization or destruction of the low-quality and dangerous products withdrawn from circulation.

Operation of this Law does not extend to owners of products whose activities are connected with production and participation in turnover of military, hunting, sports firearms and ammunition to it; cold and pneumatic weapon; explosives; the special means loaded with substances tear and irritant action, individual protection, active defense and means for accomplishment of special transactions and investigation and search operations; especially dangerous chemicals; the nuclear material special of the split material, other products in the sphere of use of nuclear energy; medicinal and drugs, psychotropic substances, their analogs and precursors, and also those owners of products which perform the international transfers of the goods which are subject to the state export control.

Article 4. The legislation on withdrawal from turnover, conversion, utilization, destruction or further use of low-quality and dangerous products

The legislation on withdrawal from turnover, conversion, utilization, destruction or further use of low-quality and dangerous products consists of the laws of Ukraine "About quality and safety of foodstuff and food staples", "About waste", "About protection of the surrounding environment", "About ensuring sanitary and epidemic wellbeing of the population", "About consumer protection", this Law and other regulatory legal acts.

The Section II Procedure for Withdrawal from turnover of low-quality and dangerous products

Article 5. Withdrawal of low-quality and dangerous products from turnover

Low-quality and dangerous products are subject to obligatory withdrawal from turnover.

Withdrawal of low-quality and dangerous products from turnover is performed by the owner of these products according to its decision or according to the decision of specially authorized bodies of the executive authority according to their powers.

Article 6. Withdrawal of low-quality and dangerous products from turnover according to the decision of her owner

The owner of products shall withdraw low-quality and dangerous products from circulation, bring it, in case of opportunity, into compliance with requirements of the corresponding regulatory legal acts and regulating documents or provide conversion, utilization or destruction of such products according to the procedure, provided by this Law.

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