In 23 Sep. 2011, the German Bundestag established a reformulated version on the Equipment and Product Safety Act (GPSG) and that is the new Product Safety Law (ProdSG). The new ProdSG came into force on 1 Dec 2011 and replaced the previous GPSG with no transition period. The primary cause of this new ProdSG is to implement the EC directive 765/2008 which sets out the requirements for accreditation and market surveillance, which has been in force since 1 Jan 2010. The new ProdSG integrated the regulations as stipulated by EC regulation 765/2008 and took on the ruling of the GPSG to a large extend.
The extracts of the main changes in the new ProdSG are:
- Obligations for manufacturer, importer and retailer
(1) The manufacturer, his authorized representative and the importer of consumer products must perform the following within the framework of their business activity for consumer products provided by them:
- perform appropriate spot checks;
- review complaints and, when necessary, keep a complaints book as well;
- instruct the retailers about further measures to be taken with respect to the consumer product.
(2) The retailer must help to ensure that only safe consumer products are brought into the market. In particular he may not bring a consumer product into the market of which he knows or must know on the basis of information in his possession or his experience that it is not in accordance with the requirements under §3.
(3) When importers bring in products with GS marks, they have to provide documents for identification and checking to prove that the products are with valid GS certificates. The documentation must be clearly traceable by the date, the name of the issuing GS body and the certificate number of the relevant GS-certificate.
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Obligations for GS body
The GS Body shall publish a list of certificates issued. And the GS Body shall provide the public with access to electronic information concerning misused GS-marks (TÜV SÜD certification body as famous GS body publishes its valid GS certificate list and misused GS mark information in internet continuously for long time). -
Obligations for market surveillance authority
Add new obligation to market surveillance authority: Inspection will be done by authorized GS body or equivalent qualified body; Authority themselves will inform general public of danger in product directly if the warning is not taken promptly by manufacturer; Sampling guideline is 0.5 samples each 1000 inhabitants.
More stringent provisions on fines/penalties
New fines have been defined in the ProdSG, e.g. for missing instructions in German language and missing specifications or labels on consumer products. The fine level has been increased in order to deter abuses and achieve lasting effectiveness. In the event of noncompliance, a fine of €10,000 and in certain circumstances e.g. the use of a GS mark without a corresponding certificate being available; up to €100,000 is imposed.
The penalty regulations have been extended, e.g. the advertising without a corresponding GS certificate or mis-use of the GS mark. If any, the legislative body has provided punishments ranging from a monetary fine or up to one year in imprisonment.
