Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
16 June 2005 [shall come
into force on 20 July 2005];
29 November 2007 [shall come into force on 2 January
2008];
10 February 2011 [shall come into force on 15 March
2011];
20 March 2014 [shall come into force on 16 April
2014];
24 October 2019 [shall come into force on 20 November
2019].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
|
The Saeima1 has adopted and
the President has proclaimed the following law:
Law on the
Safety of Goods and Services
Chapter I
General Provisions
Section 1. The purpose of this Law is to achieve the
production and putting into circulation of goods and the
provision of services that is safe, non-harmful to human life,
health and the property of a person, as well as non-harmful to
the environment.
Section 2. (1) A producer is a manufacturer of goods
established in the European Union, any other person who has
manufactured and put into circulation goods in the European Union
or who presents himself as a manufacturer, indicating (marking)
upon the goods, their packaging, in the technical documentation
or the technical registration of the goods his or her name
(firm), given name, surname, trademark or other distinctive mark,
or the person who has reconditioned the goods in order to put
them into circulation.
(2) The following shall also be considered to be a
producer:
1) a representative authorised by the producer - a person who
puts goods into circulation on behalf of the producer but in his
own name, if the producer is not established in the European
Union;
2) an importer, if the representative authorised by the
producer is not established in the European Union;
3) any other person who sells, supplies or otherwise
distributes goods within the scope of his or her economic
activities, if the activity of such a person may affect the
safety of the goods.
(3) A distributor is a person who sells, supplies or otherwise
distributes goods within the scope of their economic activities,
if the activity of such a person does not affect the safety of
the goods.
(4) A service provider is any person who provides
services.
Section 3. (1) This Law applies to new, used or
reconditioned goods (including those supplied within the scope of
the provision of a service) which are intended for consumers or
which could be used by consumers under foreseeable conditions,
even if they are not intended therefore, and which have been
supplied in the course of a commercial activity, except for used
goods which are intended for sale as antiques or as goods to be
reconditioned or repaired prior to use, if clear information has
been provided regarding the need for reconditioning or
repair.
(2) This Law applies to services, as a result of which the
provider of the services manufactures a new tangible product,
improves or alters an existing tangible product or its
properties, as well as to services, which have a direct or
indirect effect upon human life or health.
(3) The requirements of this Law are applicable if special
legal norms do not provide for other safety requirements for
goods or services, including other risks or other risk categories
and ways to prevent them.
Chapter
II
Duties of a Producer and Service Provider and Assessment of the
Safety of Goods and Services
Section 4. (1) The duty of a producer is to produce and
put into circulation only safe goods, which are non-harmful to
human life, health and the property of a person, as well as
non-harmful to the environment. The producer shall be responsible
for the safety of the goods put into circulation.
(2) The duty of the service provider shall be to provide only
safe services, which are non-harmful to human life, health and
the property of a person, as well as non-harmful to the
environment. The service provider shall be responsible for the
safety of the service provided.
Section 5. (1) Safe goods are any goods which, in
conformity with the requirements of installation and maintenance,
under normal or foreseeable conditions of use, including the
intended duration of use, and where applicable, included as part
of a service, do not present any risk or present a minimum risk
related to the use of the goods, which is considered to be
acceptable and consistent with a high level of safety for human
life, health and the property of a person, as well as with the
level of environmental protection, taking into consideration the
following:
1) the characteristics of the goods, including their
structure, composition and packaging and, where applicable, the
instructions for installation and maintenance;
2) the effect on other goods, if it is foreseeable that the
goods will be used together therewith;
3) the appearance, design, labelling, warnings, instructions
for use, instructions for disposal of the goods and other
information provided by the producer;
4) whether there are any categories of persons, especially
children and the elderly, who may be at risk when using the
goods.
(2) The goods shall be considered to be safe if they conform
to:
1) specific health and safety requirements specified in laws
and regulations;
2) European Standards adopted in the status of the National
Standard which are included in the list referred to in Paragraph
three of this Section, to the extent of the risks regulated by
such Standards.
(3) The national standardisation body shall, on the basis of
the recommendations of the Ministry of Economics, publish the
list of the European Standards adopted in the status of the
National Standard referred to in Paragraph two, Clause 2 of this
Section on its website (www.lvs.lv).
(4) If the requirements laid down in Paragraph two of this
Section do not exist in relation to the goods, the safety of the
goods shall be assessed, taking into consideration the
following:
1) voluntary standards;
2) special standards specified in laws and regulations of the
relevant field the application of, which is compulsory;
3) the recommendations of the European Commission determining
the guidelines for the assessment of the safety of goods;
4) good manufacturing practice applied in the relevant
sector;
5) the level of science and technology achieved;
6) reasonable consumer expectations concerning safety.
[20 March 2014; 24 October 2019]
Section 6. (1) A safe service shall be any service
provided under normal or foreseeable conditions of use and which
does not present any risk during or after the provision thereof,
or causes a minimum risk considered to be acceptable and
compatible with a high level of safety for human life, health and
the property of a person, as well as with the level of
environmental protection, taking into consideration the
following:
1) the nature of the service, including its design,
composition and the mode of provision;
2) the effect on human life, health and on property;
3) the appearance, design, labelling, instructions for
installation or use, warnings, instructions for disposal of the
property and other information provided by the service
provider;
4) whether there are any categories of persons, especially
children and the elderly, who may be at risk when using the
service.
(2) Specific safety requirements for services or specific
requirements in relation to certain risk or safety aspects
related to the utilisation of the service may be laid down in
other laws and regulations. If other laws and regulations do not
lay down such requirements, the conformity of the service with
safety requirements shall be evaluated in accordance with the
National Standards, good manufacturing practice in the relevant
sector, services safety guidelines approved by the market
surveillance authority, as well as the level of science and
technology achieved, and taking into account reasonable consumer
expectations concerning safety.
[20 March 2014]
Section 7. The possibility of a higher safety level or
the accessibility of goods or services with a lower risk level
may not be the basis for considering goods or service to be
unsafe.
Section 8. (1) The duty of the producer and service
provider is to provide true and complete information regarding
the goods or services (including warnings and instructions for
use) in order to enable the assessment of risks related to the
use of the goods or the utilisation of the service throughout the
normal or reasonably foreseeable period of the use or utilisation
thereof, if such risks are not immediately obvious without
adequate warnings, and to take precautionary measures. A warning
does not provide an exemption from the fulfilment of duties and
responsibilities specified in the Law.
(2) The duty of the producer and service provider is, taking
into consideration the characteristics of the goods and services,
to take all measures to enable the assessment of risks which may
be caused by the goods or services and to choose relevant
activities, including;
1) withdrawal of the goods or items from circulation if such
an activity is necessary in order to avoid risks;
2) the warning of consumers;
3) the recall of goods from consumers.
(3) The purpose of the recall of goods referred to in
Paragraph two, Clause 3 of this Section is to recall unsafe goods
from consumers (goods which fail to conform to the requirements
laid down in Section 5, Paragraph one of this Law) or properties
supplied by the producer or distributor. The recovery of the
goods may take place on a voluntary basis or according to the
decision of the market surveillance authority.
The measures specified in Paragraph two of this Section may
include but are not limited to:
1) information regarding the reference number of the producer,
product or goods, as well as the identification of the producer
on the relevant goods, property or its packaging (except in cases
where the non-provision of such indication is justified);
2) the performance of tests on a sample of the goods or
property;
3) examination of complaints, and where necessary, the keeping
of a register system of complaints;
4) the informing of distributors regarding the relevant
measures and results of the performance thereof.
(5) The duty of the distributor is to act with due care in
order to facilitate conformity of the goods with general safety
requirements. The distributor may not sell, supply or otherwise
distribute goods if he or she may or should conclude that they
fail to comply with safety requirements, as well as goods
regarding which he or she lacks sufficient information as to
safety thereof. Within the limits of his or her respective
activities, the duty of the distributor is to participate in
taking safety measures regarding goods, especially informing of
the possible risks, keeping and ensuring the necessary
documentation for tracing the origin of the goods, as well as
co-operating actively with the producers and State surveillance
and control authorities in the actions taken to prevent any risks
from goods put into circulation.
(6) If the producer, distributor or service provider becomes
aware or he or she, as an expert, should have known that the
goods or service cause a risk incompatible with general safety
requirements, the producer, distributor or service provider must,
in accordance with the procedures stipulated by the Cabinet,
immediately inform the relevant State surveillance and control
authorities thereof. This condition, in particular, applies to
the measures to be taken in order to prevent risk to
consumers.
(7) In the case of serious risk, the producer, distributor or
service provider has a duty to provide at least:
1) information that provides the opportunity to precisely
identify the relevant goods, property or production batch of
goods or properties;
2) the complete description of the risk caused by the relevant
goods or property;
3) all accessible information necessary for tracking the
relevant goods or properties;
4) information regarding the measures taken to prevent risk to
consumers.
(8) The requirement laid down in Paragraph 7 of this Section
also applies to such serious risk of which the impact is not
immediate and thus does not require immediate action by the State
surveillance and control authorities.
(9) In order to commence the activities which prevent risk
caused by goods and provided services, the duty of the producer,
distributor and service provider is to co-operate with the State
control and surveillance authorities within the limits of their
respective activities. The procedures for carrying out the
co-operation referred to in this Section shall be determined by
the State control and surveillance authorities.
[24 October 2019]
Section 8.1 If goods or service may cause
serious risk to human life, health, environment or property, the
Cabinet shall determine special requirements or the necessary
measures for minimisation or prevention of risk, the procedures
for movement of goods and offering of services, as well as the
procedures for their surveillance and control.
[20 March 2014]
Section 9. It is prohibited to produce, offer, sell or
otherwise distribute, import and export the goods which are not
food goods but the form, smell, colour, appearance, packaging,
labelling, volume or sizes of which may encourage persons,
especially children, to consider them to be food goods and
therefore to put them in their mouth, lick or swallow them,
causing risk to life or health - possible suffocation, poisoning
or perforation or blocking of the alimentary tract.
Chapter
III
Control of the Safety of Goods and Services
Section 10. (1) Conformity with this Law is supervised
and controlled by the Consumer Rights Protection Centre and other
State surveillance and control authorities, the competence of
which includes the surveillance and control (hereinafter - the
market surveillance authority), as well as the customs
authorities and the Food and Veterinary Service under the
competence thereof.
(2) The duty of the market surveillance authorities, customs
authorities and the Food and Veterinary Service is to co-operate
and exchange information regarding unsafe goods and services.
[16 June 2005]
Section 11. (1) The Market Surveillance Council is a
consultative body established by the Cabinet, the objective of
which is to ensure exchange of information and opinions between
market surveillance authorities. The materials and technical
facilities of the Market Surveillance Council shall be included
under the competence of the Ministry of Economics.
(2) The by-laws of the Market Surveillance Council shall be
approved by the Cabinet. The personnel of the Market Surveillance
Council shall be approved by the Minister for Economics,
including therein one representative each from the Ministry of
Economics, Ministry of Health, Ministry of Welfare, Ministry of
Agriculture, Ministry of Environmental Protection and Regional
Development, from the relevant market surveillance authorities,
the State Revenue Service, the Food and Veterinary Service, and
the State Police.
(3) The main task of the Market Surveillance Council shall be
to facilitate:
1) a common approach to market surveillance;
2) the co-operation of market surveillance authorities with
regard to unsafe goods and services;
3) the division of competence between various market
surveillance authorities in order to ensure the surveillance of
all goods and to prevent the overlapping of functions.
(4) The Market Surveillance Council shall perform market
surveillance activities and the summarisation of the results
thereof, as well as examine the operation and efficiency of the
market surveillance authorities once a year and, where necessary,
shall prepare proposals for the Minister for Economics regarding
the necessary changes in the performance of the market
surveillance activities and the division of competence.
[16 May 2005; 10 February 2011; 24 October 2019]
Section 12. (1) The market surveillance authorities
shall control the compliance of the goods and services with the
requirements of this Law in accordance with periodically updated
surveillance and control programmes, as well as if there are
suspicions regarding the non-compliance of goods or service with
the safety requirements or if a complaint has been received.
(2) When implementing the market surveillance and control
provided for by this Law, the officials of the market
surveillance authorities are entitled to, within their
competence:
1) control and supervise conformity with the safety
requirements of the goods and services;
2) require and receive information free of charge necessary
for the evaluation of the safety of goods and services or for the
implementation of functions of the relevant authority;
3) request and receive free of charge samples of goods,
perform control purchases for the acquisition of samples of
goods, and organise laboratory or other types of
expert-examination of the goods or service in order to determine
the conformity with the safety requirements of goods or service,
if so provided for by the annual surveillance and control
programme approved by the director (head) of the relevant
authority or, if there are suspicions regarding the
non-conformity with the safety requirements of goods or service,
or if a complaint has been received.
(21) Market surveillance authorities and customs
authorities, when carrying out the activities specified in
Article 27 of Regulation (EC) No 765/2008 of the European
Parliament and of the Council of 9 July 2008 setting out the
requirements for accreditation and market surveillance relating
to the marketing of products and repealing Regulation (EEC) No
339/93, are entitled to request and receive free of charge
samples of goods and to organise laboratory or other type of
expert-examination of goods.
(3) The Cabinet shall determine the procedures by which the
market surveillance authorities shall require and receive samples
of goods, as well as by which they shall handle them after the
performance of the laboratory or other type of
expert-examination.
[20 March 2014]
Section 13. (1) If goods or service may cause risk
under certain conditions, the relevant market surveillance
authority is entitled to:
1) request that the producer, service provider or distributor
ensures the labelling of the goods or that the service is
provided with appropriate, clearly worded and easily
comprehensible warnings regarding the possible risks;
2) require the producer, service provider or distributor to
take particular measures for guaranteeing the safety of the goods
or services and to forbid the sale of such goods or the provision
of such services before the implementation of such measures.
(2) If goods or service may cause risk to certain categories
of persons, the relevant market surveillance authority is
entitled to request that such persons are warned regarding the
possible risks at an appropriate time and in an appropriate way,
including by publishing special warnings.
(3) If there is suspicion that the goods or service may be
unsafe, the relevant market surveillance authority is entitled to
prohibit the supply, offer to supply or display thereof for a
time period necessary for the assessment, examination and expert
examination of the safety thereof.
(4) If goods or service are unsafe, the relevant market
surveillance authority is entitled to:
1) prohibit the sale of the goods or production batch of the
goods or the provision of services, as well as to perform
activities in order to ensure the implementation of such a
prohibition;
2) if the goods or service has already been placed on the
market:
a) request or organise effective and immediate withdrawal of
the goods from the market or discontinuance of the provision of
services, as well as the warning of consumers regarding the
existing risks,
b) request, co-ordinate or organise, in co-operation with the
producers, distributors or service providers the withdrawal of
goods or properties from consumers and the destruction of the
goods or properties under suitable conditions.
(5) The activities referred to in Paragraphs one, two, three
and four of this Section are correspondingly applicable to the
producer or distributor within the limits of his or her
respective activities, especially to the producer or distributor
responsible for putting the goods into circulation for the first
time or, where necessary, to any other person if co-operation is
necessary in taking the measures intended to prevent the risks
caused by the goods or services. In its decision, the market
surveillance authority shall specify the grounds for the taking
thereof.
(6) The market surveillance authority is entitled to take the
measures referred to in Paragraphs one, two, three and four of
this Section, including the circumstance when the goods conform
to the safety requirements laid down in Section 5 of this Law or
if the service conforms to the safety requirements laid down in
Section 6 of this Law, but there is evidence that the goods or
service are hazardous to human life or health.
(7) When taking the measures referred to in Paragraphs one,
two, three and four of this Section, the market surveillance
authority shall act in accordance with the Treaty on the
Functioning of the European Union, and in particular, with the
provisions of Articles 34 and 36 thereof. Decisions shall be
taken in compliance with the precautionary principle, and they
shall be proportional to the size of the particular risk.
(8) The market surveillance authorities shall facilitate and
support voluntary activities of the producers, distributors and
service providers for the fulfilment of the duties specified in
this Law (including the development of guidelines and good
practice for manufacturing and the provision of services).
(9) The relevant market surveillance authority shall organise
or specify the measures to be taken which are referred to in
Paragraph four, Clause 2 of this Section, if the actions
performed by the producers, distributors or service providers are
insufficient for the fulfilment of the duties specified in this
Law. The withdrawal (recall) of goods or properties shall be
performed only as an extreme measure.
[20 March 2014]
Section 14. (1) A decision of the market surveillance
authority shall be in effect from the moment it has been
taken.
(2) A decision of the market surveillance authority may be
appealed in court in accordance with the procedures laid down in
law. The appeal of a decision shall not suspend the execution of
the decision.
Section 15. (1) The market surveillance authority shall
cover the expenses for the laboratory or other type of expert
examination of the goods or service.
(2) If it is established that the goods do not conform to the
safety requirements, expenses for expert-examination and the
amount of money paid for the control purchase shall be
reimbursed:
1) by the producer;
2) if the producer of the goods is not established in Latvia -
by the distributor who was the first to supply goods not
conforming to the safety requirements on the market of
Latvia;
3) in the case referred to in Section 12, Paragraph
2.1 of this Law - by the importer.
(21) [20 March 2014]
(22) A distributor, which has reimbursed the
expenses of the market surveillance authority for an
expert-examination, has the right of subrogation against the
producer from which the goods have been acquired, or against the
service provider which has provided the relevant service.
(23) If it is established that the service does not
conform to the safety requirements, expenses for
expert-examination shall be reimbursed by the service
provider.
(3) Expenses shall be reimbursed within five days from the day
of receipt of the document verifying the expenses. If the
relevant person refuses to cover the expenses, the market
surveillance authority shall recover them in accordance with the
procedures laid down in law.
[29 November 2007; 20 March 2014]
Section 16. (1) If the market surveillance authority
establishes that the goods or service fail to conform to the
safety requirements it shall, if necessary, ensure the provision
of the public with information regarding such goods or service
and regarding the risk related thereto directly or by means of
mass media.
(2) The Cabinet shall determine the procedures by which the
market surveillance authorities shall inform the Consumer Rights
Protection Centre of the measures taken which restrict or
prohibit the putting into circulation of the goods, and the
procedures by which the Consumer Rights Protection Centre shall
send the information received to the European Commission and
handle the information, which is received from the European
Commission.
[16 June 2005]
Chapter
IV
Administrative Offences in the Field of Safety of Goods and
Services and Competence in the Administrative Offence
Proceedings
[24 October 2019 / This
Chapter shall come into force on 1 July 2020. See
Paragraph 3 of Transitional Provisions]
Section 17. (1) For placing on the market, offering or
selling such goods and services for which the measures for the
assessment or prevention of risks laid down in Section 8 of this
Law have not been taken, a fine of up to seventy units of fine
shall be imposed on a natural person but a fine from six to four
hundred units of fine shall be imposed on a legal person.
(2) For failure to comply with the special requirements
specified in Section 8.1 of this Law or for failure to
take the measures required for the minimisation or prevention of
risk, and also for failure to comply with the procedures for
movement of goods and offering of services, a fine of up to
seventy units of fine shall be imposed on a natural person but a
fine from six to four hundred units of fine shall be imposed on a
legal person.
(3) For placing on the market, offering or selling such gas
cylinders for which the technical assessment has not been
performed, a fine of up to seventy units of fine shall be imposed
on a natural person but a fine from ten to four hundred units of
fine shall be imposed on a legal person.
(4) For placing on the market, offering or selling such
cosmetic products for which the term of validity has expired or
for which the term of validity has not been indicated in
accordance with the procedures laid down in laws and regulations,
a fine of up to seventy units of fine shall be imposed on a
natural person but a fine from ten to one hundred and forty units
of fine shall be imposed on a legal person.
(5) For placing on the market, offering or selling goods and
services non-compliant with the safety requirements laid down in
laws and regulations, a fine from seven to one hundred and forty
units of fine shall be imposed on a natural person but a fine
from fifty-six to two thousand and eight hundred units of fine
shall be imposed on a legal person.
[24 October 2019 / Section shall come into force on
1 July 2020. See Paragraph 3 of Transitional
Provisions]
Section 18. (1) The administrative offence proceedings
for the offences referred to in Section 17, Paragraphs one, two,
three, and five of this Law shall be conducted by the Consumer
Rights Protection Centre.
(2) The administrative offence proceedings for the offences
referred to in Section 17, Paragraphs one, two, four, and five of
this Law shall be conducted by the Health Inspectorate.
[24 October 2019 / Section shall come into force on
1 July 2020. See Paragraph 3 of Transitional
Provisions]
Transitional
Provisions
1. With the coming into force of this Law, the Law on the
Safety of Goods and Services (Latvijas Republikas Saeimas un
Ministru Kabineta Ziņotājs, 2000, No. 14; 2002, No. 8; 2003,
No. 11) is repealed.
2. Until the day of entry into force of new Cabinet
regulations, but not longer than 1 November 2004, the following
Cabinet regulations shall be applicable insofar as they are not
in conflict with this Law:
1) Cabinet Regulation No 83 of 27 February 2001, Procedures by
which Market Surveillance Authorities Request and Receive Samples
of Commodities, and Handle them after Performance of Laboratory
or Other Types of Expert-Examination, and
2) Regulation No. 429 of 12 December 2000, By-law of Market
Supervision Council.
3. Chapter IV of this Law shall come into force concurrently
with the Law on Administrative Liability.
[24 October 2019]
Informative
Reference to European Union Directives
[16 June 2005]
This Law contains legal norms arising from:
1) Council Directive 87/357/EEC of 25 June 1987 on the
approximation of the laws of the Member States concerning
products which, appearing to be other than they are, endanger the
health or safety of consumers; and
2) Directive 2001/95/EC of the European Parliament and of the
Council of 3 December 2001 on general product safety.
This Law shall come into force on 1 May 2004.
This Law has been adopted by the Saeima on 7 April
2004.
President V. Vīķe-Freiberga
Rīga, 28 April 2004
1 The Parliament of the Republic of
Latvia
Translation © 2020 Valsts valodas centrs (State
Language Centre)