Armenia has embarked on modernizing its legislative framework for non-food product safety by drafting the Law “On General Safety of Non-Food Products.” This initiative, published on the e-draft.am unified website for draft legal acts, aims to regulate legal relationships related to the circulation and safety of non-food products in Armenia. The draft law seeks to align Armenian legislation with the Armenia-European Union Comprehensive and Enhanced Partnership Agreement (CEPA) and to ensure the health and safety of consumers. The law addresses critical aspects such as product safety standards, responsibilities of manufacturers and distributors, consumer rights, and state oversight. It also envisions the establishment of a national information system for market surveillance, ensuring information accessibility and transparency in this crucial sector.
New Legislative Initiative: Why is non-food product safety important?
The primary objective of drafting the Law “On General Safety of Non-Food Products” is to guarantee the safety of non-food products circulating in the Armenian market and to protect the health and lives of consumers. The law applies to all types of non-food products, regardless of the sales method, including e-commerce, with specific exceptions. The broad range of non-food products, including clothing, household appliances, toys, cosmetics, and more, directly impacts people’s daily lives. Therefore, ensuring their safety becomes a priority for the state, aiming to protect consumers from potential hazards and create a healthy and secure market environment.
Alignment with EU-Armenia Agreement: The role of CEPA and objectives of the law.
The necessity of drafting the Law “On General Safety of Non-Food Products” is driven by Armenia’s commitments under the Armenia-European Union Comprehensive and Enhanced Partnership Agreement (CEPA). The law aims to approximate Armenian legislation with EU Directive 2001/95/EC (“General Product Safety Directive”) and EU Directive 87/357/EEC (“Directive on products which, appearing to be other than they are, endanger the health or safety of consumers”). This alignment aims not only to improve consumer protection standards in Armenia but also to foster stronger trade and economic ties with the EU by creating a level playing field for local and European manufacturers.
Defining “Safe” and “Dangerous” Products: Key definitions and scope of the law.
The draft law provides clear definitions for key concepts such as “product,” “safe non-food product,” “dangerous product,” and “serious risk.” A “product” is defined as any item intended for consumers or reasonably foreseeable to be used by consumers, whether intended for them or not, and supplied or made available to consumers, whether for payment or free of charge. A “safe non-food product” is any product that, under normal or reasonably foreseeable conditions of use, presents no risk or only minimal risks considered acceptable and not dangerous to health and safety. Conversely, a “dangerous product” is any product that does not meet the definition of a “safe product.” “Serious risk” is defined as any severe danger, including those not immediately apparent, requiring rapid intervention by state authorities. These definitions are essential for clarifying the law’s scope and avoiding ambiguities in its application.
Obligations of Manufacturers and Distributors: Who is responsible for ensuring safety?
The draft law clearly outlines the responsibilities of both manufacturers and distributors (sellers). Manufacturers are obligated to market only safe products, provide information enabling consumers to assess and protect themselves from risks, take measures to learn about potential dangers and withdraw/recall dangerous products, monitor marketed products, investigate complaints, and inform distributors of actions to be taken. Distributors are obligated to supply and sell only safe products, not supply/sell products known or suspected to be non-compliant, participate in product monitoring, ensure the preservation of characteristics and consumer properties labeled by the manufacturer, and cooperate with manufacturers and the Inspectorate regarding products posing serious risks. Both manufacturers and distributors are accountable for the conformity of the product to the characteristics declared in the labeling.
Consumer Rights and State Oversight: How will consumers be protected and oversight implemented?
The draft law emphasizes the protection of consumer rights. Consumers have the right to apply to the Inspectorate or court to protect their violated rights related to ensuring product safety established by this law. State control over compliance with safety requirements is carried out by the Inspectorate, which is authorized to conduct monitoring of both manufacturers and distributors. Oversight includes verifying labeling completeness, conducting examinations and tests based on complaints or their own initiative. The draft law also stipulates liability for violating safety requirements, which will incentivize economic entities to take product safety assurance seriously.
National Information System for Market Surveillance: Ensuring transparency and information accessibility.
To ensure transparency and public awareness, the draft law envisions the creation of a national information system for market surveillance. This system will publicly disclose information about products that do not comply with safety requirements. Data accessible to the public will include product identification, safety characteristics and potential risks, as well as risk prevention measures. This system will contribute to raising consumer awareness and enable them to make more informed choices when purchasing products.
Addressing “Food-Mimicking” Non-Food Products: Why is the production of such products prohibited?
The draft law pays particular attention to non-food products that resemble food in form, smell, color, or other characteristics. The production and circulation of such products are strictly prohibited because they can mislead consumers, especially children, and lead to accidental ingestion and hazardous health consequences. The prohibition aims to prevent such incidents and protect vulnerable groups from potential dangers.
Expected Impact and Future Steps: What outcomes are anticipated from the new law and when will it come into force?
The adoption of the Law “On General Safety of Non-Food Products” is expected to enhance the level of safety for non-food products in Armenia, strengthen consumer rights protection, and contribute to creating a level playing field in the market. The law will come into force six months after its official publication. The government is obligated to establish a national market surveillance information system within six months of the law’s adoption. It is anticipated that the effective implementation of the new law will not only increase the degree of consumer protection but also contribute to Armenia’s economic development by improving product quality and enhancing confidence in the Armenian market.