Download Presentation on Product Recall and Consumer Protection Policy in

Presentation on Product Recall and
Consumer Protection Policy in
Suriname
International Seminar on Market Recall Practices for Defective
Products: Toys and Children’s Products
Lima Peru, November 2013
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Location: Northeastern coast of
South America,
2°-­­6° Northern latitude and
54°-­­58° Western longitude.
Inhabitants: 532,000
Land surface: 164,000 km2
 Population growth : 1%/ year ­
2,500mm
 Main economic activities in the coastal
area: agriculture, petroleum
production, small industries,
 In the interior timber production and
aluminum and goldmining
Ministry of Trade and Industry in
Suriname
Logo Consumer Affairs Department
Consumer Affairs
assistant
Administrations
Unit
Documentation
Consmentenbes
cherming en
begeleiding Unit
Public Relation
en
AwarenessUnit
Coordinator
Consumer
protection &
guidance Unit
Coordinator
Public Relation
en
AwarenessUnit
Head
consumer agent
Consumer
protection
agent I
(2 positions)
Consumer
protectionagent
II
(6 positions)
Awareness
employee
(2 positions)
Research and
Project
management
Unit
Coordinator
Research and
Project
management Unit
Administration
(2 posities)
LegalUnit
Coordinator
LegalUnit
Legal
employee
Project analyst
(2 positions)
Research officer
2 officers
Statistician
(2 positions)
Legal
employee
ICT Unit
Coordinator
ICT Unit
Main laws and regulations in place
Main laws in place
Burgerlijk Wetboek
(Civil Code), 1868
Policy-making Authorities
Enforcement Authorities
Ministry of Justice and Police
Special police officers
Surinaams Bureau for
Standaarden (SBS)
Standards officers*
 Art. 1525 to 1533
(Warranty obligations)
 Art.1401j to1401l
(Misleading
advertising)
 Art.1401a to 1401i
(Product liability)
Standaardenwet,
(Standardization Act),
2004
Surinaams Bureau of
Standards Act, 2006
*not designated yet.
Main laws and regulations in place
Main laws in place
Voedingsmiddelenwet, (Food
Act), 1911
Policy-making Authorities
Ministry of Health
Ministry of Agriculture
Decreet Ijkwezen, 1983
(Meetmiddelen – Weights and
Measures)
Calibration Unit,
Market control officers
Department of Market
Control, Ministry of Trade and
Industry
Economic Control Unit,
Market control officers
Department of Market
Control, Ministry of Trade and
Industry
Wet economische delicten, 1986
(Economic Offenses Act)
Gewijzigd bij 2003.
Wet Etikettering (Labeling Act)
(Prices and Margins Controls
decree), 1980
Enforcement Authorities
Health officers
Agriculture officers
Economic Control Unit,
Market control officers
Department of Market
Trade officers
Control, and Business permits
unit, Department of Industry,
Ministry of Trade and Industry
Economic Control Unit,
Department of Market
Market control officers
Control, and Business permits
unit, Department of Industry,
Ministry of Trade and Industry
Legal and institutional framework for
the surveillance products
Institutions/government agencies that are directly
responsible for the surveillance and safety products?
Institution
Role/function
• The Bureau of Public Health is
responsible for the surveillance
of dangerous food products.
Institution with ministry of Health that
has the authorization to look over and
guarantee the safety and health of citizens
when it comes to food Products
•
The ministry does not have a policy regarding
safety of toys and children’s products. In our
draft consumer protection law there are some
regulations regarding product safety.
The Ministry of Trade and Industry in
the form of the Consumer affairs
department in collaboration with the
Economic control Unit that consists
of Special Police officers.
Legal and Regulatory support that
allow mandate to institutions
With regards to legal and regulatory support to work on
the surveillance and safety of toys and children's products:
 Specifically Suriname does not yet have a Law or
standards in place when it regards children toys or
Products. These efforts or just now starting.
 ALTHOUGH: when products are identified these products
will be recalled by the government or the importers.
 We are aware that there are ISO Standards that fit in the
context of recalls and safety on products.
Legal and Regulatory support that
allow mandate to institutions cont’d
 The Bureau of Standards has the Legal mandate to implement
a surveillance system, and further more test products on their
conformity when it comes down to certain product
specifications.
 As a result of International collaboration Consumer affairs
department is creating a policy framework on recalls and
product safety in collaboration with bureau of Standards. This
will be a policy document on steps and measurements to be
taken in detection and procedures in recalls.
Intervention possibilities for Alerts
 We have a website, and recently there is
option for consumers to report safety
related incidents through Carrex (Caricom).
 This option will be implemented in the new
website of the Ministry. Consumers can
report safety and health related incidents at
the hotline of the complaint department.
Type and scope of interventions
Intervention Type
Voluntary recalls
Compulsory recalls
Refunds or exchanges
Financial penalties
Compensations /damage’s repair
Institution
Min. TI
Ministry of Trade and Industry , Ministry
of Health
The producer of Importers and
distributors
Public Prosecutors Office, Economic
Control Unit
The producer of Importers and
distributors
Sources of Alerts to the Ministry
 Rapid alert database: Rapex, Carrex or CSHN
 with warning about product
 The Ministry receives notifications from national or
international organisations that a certain good is
dangerous.
 The Importer, distributor or Producer of those dangerous
goods places adds in the local newspaper that the
dangerous goods are going to be recollected;
 The ministry of Health;
 The Ministry of Agriculture, Livestock and Fishery;
Intervention procedures
 The importer is the one who places a notice in the news
papers that a certain product is unsafe and needs to be
recalled.
 The min. of TI sometimes gets a notice from the importer,
but not always. We get the information from the Bureau of
Public Health, media and the internet.
 The Min. of TI gives instructions to the Economic Control
Unit and the Consumer Affairs Department to investigate
the case. Sometimes in collaboration with ministry of
Health.
 After the investigation the importer makes an inventory and
informs the min. of TI about this.
Intervention procedures
 There are 2 working procedures:
1. the products that are at the port get confiscated by the
port authorities and destroyed.
2. Regarding products that have been recalled and that
were in storage: The destruction happens under surveillance
of the min. of TI. The min. of TI makes a report and films the
destruction.
 The minister and permanent secretary of the min. of TI get a
notice about the above mentioned.
 After the recall and destruction the min. of TI inspects if all
products have been removed.
Past Experiences with Product recalls
 Because there is no Law, or standard yet, product
5 of most
experience
recalls
in Suriname
recalls haveTopbeen
done
in adhoc
cases.
1
food products : Peter Pan peanut butter, corned beef, wicky juice, milk
products from China, Nesquik powder
2
children's toys
3
Products for baby's: : teething rings, pacifiers.
4
Children's school supplies like pencils.
5
Over the counter Medicine’s: cough syrup, diet products like
hydroxycut.
Main laws under preparation
Main
laws
preparation
under Policy-making Authorities
Consumer Protection Act
Ministry of Trade and Industry
Electronic Transactions Act
(possibly
under
consideration
–
unconfirmed)
Possibly under Ministry
Justice and Police ?
Bill
on
Cybercrime Note
this
information
(pending)
unverified
Bill on Product Safety
And product Liability
Enforcement Authorities
Ministry of Trade
Economic Control Unit, Department
of Market Control, Ministry of
Trade and industry
Consumer authority
of
is
Unknown
Product Safety Commision
Ministry of trade
Metrology Bill
Bureau of Standards
Personal thoughts on Future
 Department in the Ministry of Trade and Industry has been
intensively working on finishing the consumer protection
bill.
 The aim is to have the approval of the parlement for the
competition Bill and consumer protection bill in 2013.
 Plans are there to create an official MOU between the
consumer protection department of the ministry and the
ministry of Health, bureau of Standards, the Customs and
the NGO’s on consumer protection.
 International: create an official MOU between the consumer
protection department of the ministry and the Netherlands
Consumer and Competition authority, and FTC
Not implemented yet:
 There should be a publication of the recall and destruction of the
products by the min. of TI in the media.
 This recall should be reported to the international organizations
and Rapid Alert systems if they are not on this data base yet.
 Most recalls have been on food products of which a part of the
production has been contaminated. Some of these products
come from well-known Producers.
 The ministry has just become a member of (Consumers
International and ICPEN). And has been making changes in policy
as a result of the Network with in the OAS and its partners in
consumer and Product safety in the region.
Future and Now
Suriname daily tries to comply to the issues at hand in regard to
the consumer protection. For market surveillance issues a
product safety and liability bill will be created and a commission
with the authority. Till then the consumer affairs department
will collaborate with the standards bureau they will be having
inspections, create certification and mandatory standards with
regard to safety and hazardous products. Together with the
Customs department
It seems that there is still a limited vision in what consumer
protection means and its importance.
The OAS has meant a lot to the Consumer Protection for
Suriname and Caricom these past 3 years.
Future and now
 It was a new insight into the fact that it was a specialization
of the topic itself. It is broad and need time and
specialization.
A website will be created with help of FTC and ACM for
product safety and consumer protection and complaints.
The consumer protection website will concentrate on
consumer awareness and education.
A Database is in creation for consumer complaints which
will be linked with a database for unsafe products and
recalls. This will be connected to a mobile app that will
create possibilities for alert and complaints from
consumers.
Example of Intervention
On Grounds of Ethical nature and protection towards teenagers measures were taken
to stop import of this product. On grounds of the name and the fact that teenagers
were starting a trend in overusing this product
Awarness on how to complaint and
what to look for
Example on Awareness
Projects with
school secondary
and highschool
Awarness
projects and
launches
Example on Awareness cont’d
THANK YOU
GRACIAS…