Consumer Agency & Ombudsman CHECKLIST FOR IMPORTERS AND STORE BUYERS Safety of consumer products All products meant for consumer use must be safe, regardless of price. Store buyers and purchasing agents have a great responsibility for the products selected to be sold. They must be familiar with the safety requirements for the product group in question and be able to take the necessary measures to ensure safety. All products that end up in consumers’ hands, including cheap products and promotional gifts, must be safe. In negotiations, a proficient manufacturer will be able to point out when it is not possible to sell a product below a certain price because it would mean compromising on safety requirements. However, this does not necessarily hold true for everyone. A manufacturer who is prepared to drop the price too low may be skimping on the quality of raw materials or components, or the quality of work. The product may even lack a part or feature that is essential for its safety. The blade guard on a circular saw may be missing or inadequate for operation in all types of conditions, for instance, or lead paint may be used for a toy because it costs less. The final outcome may be that you buy products that look the same as those displayed at a trade show, but do not necessarily meet all the safety requirements. Even stores that specialise in selling cheap goods must keep safety requirements in mind. A low price is no defence if a product is found to be hazardous. For example, a toy for small children must not contain lead, even if it only costs one euro. The responsibility for product safety rests with the entrepreneur. The authorities monitor compliance with regulations by performing spot checks. How to ensure product safety: 1. 2. 3. 4. Familiarise yourself with the safety regulations and standards for the product group. Make use of your prior knowledge of risks associated with the product group. Have the product tested yourself, or review the test results presented by the manufacturer. Make sure that the testing laboratory used by the manufacturer is reliable and has been designated as qualified, i.e. accredited for the method employed in this particular test. 5. Check that the product has been tested specifically for features essential to its safety. 6. Find out if the product tested is part of the same lot, or at least from the same factory, as the lot you are planning to buy. 7. It is a good idea to ask for a copy of the test results already when you buy the product because getting it later may be difficult. 8. Find out whether products in this particular product group can or should bear the CE marking. 9. For a CE marked product, ask for a copy of the manufacturer’s declaration of conformity (not required by the toy safety directive). 10. Check the weekly reports of the EU Commission (the Rapex system) to make sure that you are not buying products that have already been found to be hazardous. 11. If the product does not have particular safety requirements set by legislation, evaluate its safety from the standpoint of the general requirement that a product must not pose a hazard to consumers’ health or property. The safety assessment of such products can be done by adapting the safety requirements for similar product groups. 12. Make sure that the product comes with appropriate sales packaging and warning labels according to Finnish law and with instructions for use in Finnish and Swedish. Also check that the language used in the instructions is clear and understandable Finnish/Swedish. Consumer Agency & Ombudsman Haapaniemenkatu 4, P.O. Box 5, FI-00531 Helsinki, Finland Tel. +358 10 19 4700 Fax +358 9 8764 398 E-mail: posti@kuluttajavirasto.fi Web: www.kuluttajavirasto.fi Consumer Agency & Ombudsman A hazardous product or service Often the potential hazard posed by a product is only observed after the product has already been sold to consumers. If a product poses a potential safety hazard, it is not enough just to withdraw unsold merchandise from store shelves. The hazardous products must also be recalled from consumer use. The importer’s and retailer’s liability for product safety continues even after the product has been sold out. If a product you have sold or imported poses a safety hazard: 1. Pull the product off the market 2. Notify the supervisory authorities 3. Inform consumers of the hazard and product return procedures Informing consumers Notify the public of the safety hazard through newspapers. Buy advertising space from several mass circulation newspapers to ensure that information of the safety hazard reaches consumers who have bought the product as extensively as possible. It is recommended to draft the announcement in cooperation with the Consumer Agency. A draft of the announcement can be enclosed with the original notification sent to the Consumer Agency regarding the hazardous product or service. In choosing which newspapers to use to notify consumers of the safety hazard, take into consideration the geographical location of retail places, the need to spread the information at a national level as well as language issues. Post the news on the website of your business. The announcement must be easy to see and remain posted on the website for a minimum of three months from publication. Take advantage of your customer database in getting the information out to consumers. If your business has an extensive customer database that covers a large percentage of buyers, it is possible in some cases to reduce the use of other channels of communication. A press release or announcements posted in retail outlets alone are not sufficient means of communication, but they can be used to complement the use of newspapers. Cooperate with the authorities. If the business fails to voluntarily take sufficient measures to remove the safety defects, the supervisory authorities may, for instance, impose a ban on the manufacture or sale of the product. In addition, the company may be ordered to take action regarding the repairing, sale and recall of products and notifying consumers of the safety hazard. MORE INFORMATION ONLINE http://www.kuluttajavirasto.fi/en-GB/ On the Consumer Agency’s website you will find a wealth of information on, for example, the following topics: Product safety requirements Standards CE marking How to prepare a product recall announcement Labelling and instructions for use Market surveillance authorities Consumer Agency & Ombudsman Haapaniemenkatu 4, P.O. Box 5, FI-00531 Helsinki, Finland Tel. +358 10 19 4700 Fax +358 9 8764 398 E-mail: posti@kuluttajavirasto.fi Web: www.kuluttajavirasto.fi