Law of Ukraine
"On General Safety of Non-Food Products"
Date of entry into force:
July 5, 2011
The Law establishes the legal and organizational principles of introducing non-food products into circulation in Ukraine and of ensuring their safety.
According to Article 1 of the Law, safe non-food products are any products that, under normal or reasonably foreseen conditions of use, present no or minimal risks associated with their use.
Article 4 of the Law establishes that manufacturers are obligated to introduce only safe products into circulation.
Products are considered safe if they satisfy the requirements on ensuring product safety that are established by the legislation (Article 5 of the Law).
According to Article 6 of the Law, the community has access, in particular, to the following information:
- information allowing to identify appropriate products and entities that manufacture, import and distribute them;
- information on product safety, including on the nature of risks associated with consumption (use) of such products, and measures that consumers (users) of such products must take to avoid such risks;
- on measures taken to prevent risks constituted by the products, including those used by own initiative of business entities, as well as the nature and duration of such measures.
Article 7 of the Law envisages that consumers (users) have the right to address the bodies of state market supervision seeking protection of their violated rights to product safety.
Chapter II of the Law regulates the obligations of manufacturers and distributors.
According to Article 12 of the Law, if the body of state market supervision established that a product is unsafe, it shall immediately:
- forbids introduction of such product into market circulation and takes measure to enforce this prohibition;
- takes measures to immediately remove such products from circulation and warn consumers (users) of the risks constituted by such products;
- together with manufacturers and distributors of such products that had already been supplied to consumers (users) on the market of Ukraine, takes measures to withdraw it from circulation and destroy it.
According to international agreements of Ukraine, Ukraine can have access to international, regional and foreign warning systems informing of products that constitute a serious risk (Article 14 of the Law).