What is Product Safety and How is it Supervised?
Products that carry no or minimum risk when used in accordance with the instructions and that provide the necessary level of protection for human health and safety are considered safe products. The safety of the products and their compliance with the technical regulations are supervised by the authorized institutions within the scope of market surveillance and inspection activities.
What is the Relevant Legislation?
The Law on Product Safety and Technical Regulation No. 7223 ("Law") and the General Product Safety Regulation entered into force on March 12, 2021.
What Does the New Legislation Bring?
- Importers and distributors who issue a product on the market under their own name or trademark or who changes a product on the market in a way that affects its compliance with the legislation are responsible as manufacturers.
- The manufacturers and importers are liable to pay a product liability compensation.
- Information concerning potential risks and appropriate measures as well as installation, maintenance and operating instructions written in the documents accompanying the product or on the product must be in Turkish.
- All provision that relieve or limit the liability of the manufacturer and the importer are considered null and void.
- Manufacturers should notify the competent authority regarding the product safety risks for the consumer, which they know or should know, the corrective measures taken and the results. The relevant notification procedures must be followed concerning the products that pose a serious risk.
- The Law ensures compliance with the European Parliament and Council Directive 2001/95/EC on General Product Safety.
What are the Expectations?
The Law takes a significant step in terms of compliance with the EU acquis by bringing new provisions such as the product liability compensation and notification duty, while also preserving the general principles of the repealed law. The secondary legislation of the repealed law will be applicable until new regulations of the Law comes into force. Some of the new regulations published pursuant to the Law are the Regulation on CE Sign and the Regulation on Adequacy Assessment Establishments and Approved Establishments. It is expected that the work on secondary legislation will continue in the upcoming months and new regulations for implementation will be introduced. It is essential for all companies that supply products to the market to follow the legislation and the developments closely.
Our Experience on the Field of Product Safety
- Providing all kinds of legal support during the product's journey from the customs clearance stage until it reaches the end user.
- Providing legal support regarding the application and notification processes and corrective actions made before the authorized institutions regarding product safety risks, especially product recalls.
- Providing legal support for communications with distributors and consumers regarding product safety, as well as applications before the authorized institutions.
- Supporting the creation of compliance strategies in accordance with the requirements of commercial life.
- Providing support in the preparation of documents accompanying the product, such as the user manual and the warranty certificate, within the framework of the new legislation.
- Providing legal support on the after-sales services.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.