Product safety
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Children’s items
Childcare Articles
According to the EU Directive it is "any product intended to facilitate sleep, relaxation, hygiene, the feeding of children or sucking on the part of children". Those products are, for example, soothers,; baby carriers (such as carrycot, wheeled child conveyance, pushchairs…); feeding bottles; teethers; baby-walkers; baby changing tables; highchairs etc. For further information: Directive 2005/84/EC Directive 2005/84/EC: this places restrictions on the marketing and use of certain (...) Read more
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Children’s items
Playground equipment
Play is essential to the healthy development of children and a playground can be the answer. Play equipment such as swings, slides and climbing frames may be used either in consumers’ homes and gardens (i.e. domestic use) or in a formal playground. Playground equipment is more likely to be associated with the provision of a service rather than a product. The Toy Safety Directive (TSD) covers play equipment (swings, slides and similar activity toys) for indoor and outdoor domestic use; (...) Read more
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Cosmetics products
Cosmetics are part of your daily life. They comprise toiletry articles, hygiene and beauty products closely related to your health and wellbeing. They must therefore be of the utmost quality and under no circumstances should pose a risk to the user. The purpose of the “Cosmetics Directive ” is to approximate the laws of the Member States relating to cosmetic products so as to ensure their free movement at European level. With the principal aim of protecting public health, it lays down rules (...) Read more
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Cosmetics products
Europa - summaries of EU legislation - Cosmetic products Council Directive 76/768/EEC of 27 July 1976 (the "Cosmetics Directive"), including technical adjustments 2010 Read more
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Legal aspects of product safety
General product safety
Irish National Authorities The National Standards Authority Of Ireland (NSAI) The NSAI is Ireland’s Standards Body. NSAI facilitates the development of voluntary standards documents which manufacturers/service providers may use as an aid to meeting safety requirements. These standards are concerned with such areas as quality, design, performance, safety and environmental impact of products and services. www.nsai.ie National Consumer Agency (NCA) The National Consumer Agency is an (...) Read more
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Children’s items
Playground equipment
A significant number of accidents hppen to children in playgrounds due to fixed play equipment There is one fatal accident every three to four years. The main risk factors were identified as behaviour, equipment height and body orientation in falls to the ground. Main locations where equipment-related playground accidents occur are public playgrounds, parks, schools, pubs (public houses) and (fast-food) restaurants. The most common cause in all cases is a fall, but behavioural factors (...) Read more
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Cosmetics products
Composition
The Cosmetics Directive 76/768/EEC of 27 July 1976 sets out a list of substances which cannot be included in the composition of cosmetic products (Annex II) and a list of substances which cosmetic products may not contain, outside the restrictions and conditions laid down (Annex III). Examples include: Number 43 – Arsenic and its compounds Number 47 - Benzene Number 280 – Thalidomide and its salts Number 289 – Lead and its compounds Number 1260 - (...) Read more
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Cosmetics products
A cosmetic is an external enhancement of particular aspects aimed at cleansing or altering an appearance to make it more attractive. European legislation on cosmetics is not limited to beauty products but applies to an entire range of other products applied to the human body. This definition is consequently very broad and covers an extremely extensive range of products. They may be products which come into contact with the skin, the hair, nails or any part of the body. Cosmetics comprise (...) Read more
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Cosmetics products
Animal experiments
... by imposing bans on: testing finished cosmetic products and ingredients on animals (testing ban); marketing finished cosmetic products and ingredients which have been tested on animals (marketing ban). The testing ban on finished cosmetic products has applied since 11 September 2004, whereas the testing ban on ingredients or combinations of ingredients will apply progressively as alternative methods are validated and adopted (The latest cut-off date is 11 March 2009 (6 years after (...) Read more
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Cosmetics products
There are a number of EU directives in place to regulate the testing of cosmetics. The purpose of these directives is to establish all the methods of analysis necessary for the official testing of cosmetic products at Community level. Official testing ensures that the conditions prescribed in Community provisions regarding the composition of cosmetic products are respected. One of the largest debates concerning cosmetics is that based upon how they are tested. Many cosmetic products in (...) Read more
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Dangerous imitations
The EU passed a Directive (87/357/EEC of 25 June 1987) concerning products which, appearing to be other than they are, endanger the health and/or safety of consumers. The Directive applies to products which are not edible but could easily be confused with foodstuffs by their appearance, smell or packaging. Member States must take all the measures necessary to prohibit the marketing, import and manufacture of such products. Checks must be carried out to ensure that no such products (...) Read more
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Dangerous imitations
The Directive was transposed into Irish Legislation in 1991 in the Food Imitations (Safety) Regulations. The purpose of the Regulations is to ban products which resemble foodstuffs. These may lead consumers, especially children, to place these products in their mouths thereby constituting a risk to health. A person guilty of an offence under these Regulations shall be liable, on summary conviction, to imprisonment for a period not exceeding six months or to a fine or to both such (...) Read more
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Legal aspects of product safety
Product liability
EUROPEAN COMMUNITIES (LIABILITY FOR DEFECTIVE PRODUCTS) REGULATIONS, 2000. The main effect of the Act is to introduce into Irish law the principle of “strict” or “no fault” liability. This imposes liability on the producer, and in certain circumstances, the supplier of a defective product. This directive was adopted into Irish law with the introduction of the The Liability for Defective Products Act, 1991. Products Covered under the Act The Act covers products that are — (i) intended (...) Read more
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Legal aspects of product safety
Product liability
Product liability and defective products
In Ireland under the LIABILITY FOR DEFECTIVE PRODUCTS ACT, 1991 "producer" means— ( a ) the manufacturer or producer of a finished product, or ( b ) the manufacturer or producer of any raw material or the manufacturer or producer of a component part of a product, or ( c ) in the case of the products of the soil, of stock-farming and of fisheries and game, which have undergone initial processing, the person who carried out such processing, or ( d ) any person who, by putting (...) Read more
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Dangerous imitations
Products resembling foodstuffs
Products that can be mistaken for food or drink
The Dangerous Imitations Directive (85/357/EEC) was introduced to prohibit the marketing, importing and manufacture of products that look like foodstuffs but that are not in fact edible. This Directive was issued because there were safety fears over a number of non-food products that were being sold in the marketplace and being made to look like food. The main safety issue with this type of product is that people eat them because they believe they are a food product and this has lead to (...) Read more
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Products that are dangerous when used
Lighters
EU Decision on lighters The European Commission Decision 2010/157/EU amended the original 2006 decision for the fourth time making the legislation that bans the sale of non child resistant and novelty cigarette lighters valid until May 11th 2011. http://eur-lex.europa.eu/LexUriServ... cigarette lighters are child-resistant when placed on the EU market (A child-resistant lighter is a lighter that at least 85% of children under 51 months of age cannot operate) definition of Novelty (...) Read more
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Children’s items
Toys
Toys should be a happy and creative outlet for children. Unfortunately, they can cause injury, and sometimes death. The Consumers’ Association of Ireland CAI found that a significant number of toys failed when tested for their mechanical and electrical properties. Consumer behaviour is also cause for concern. Many consumers do not concentrate on the safety aspects of toys or supervise children at play. The main objective of the Safety of Toys Directive is the protection of the health and (...) Read more
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Children’s items
Toys
In order to prevent risks, the Toys Directive gives some obligations to producers, distributors and Member States. For example, producers must: Give information on risks to consumers. The objective is to enable consumers to assess risks and to take precautions, thereby reducing risk Identify themselves (with the name or trademark) in connection with the purchase of the product. The objective is to enable them to be informed of risks and to give consumers and others a point of (...) Read more
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Children’s items
Childcare Articles
Like every product, childcare articles present risks such as injuries, suffocation, strangulation, choking, chemical poisoning, hygiene, electric shock, … Most childcare articles fall under the scope of the General Product Safety Directive but the Commission went further and as a precaution, other toys and childcare articles of soft PVC intended for children under the age of three and which could be put in the mouth, even if this is not the purpose intended by the manufacturer, shall (...) Read more
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Cosmetics products
Here is an illustrative list of products falling in the scope of Cosmetic Directive: Creams, emulsions, lotions, gels and oils for the skin (hands, face, feet, etc.). Face masks (with the exception of peeling products). Tinted bases (liquids, pastes, powders). Make-up powders, after-bath powders, hygienic powders, etc. Toilet soaps, deodorant soaps, etc. Perfumes, toilet waters and eau de Cologne. Bath and shower preparations (salts, foams, oils, gels, etc.). Depilatories. (...) Read more
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Cosmetics products
Composition
The Directive 76/768/EEC of 27 July 1976 also contains lists of colourings (Annex IV), preservatives (Annex VI) and UV filters (Annex VII) permitted in cosmetic products. © European Union, 2010 Reproduction of DOLCETA is authorised provided the source is acknowledged http://www.dolceta.eu Read more
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How product safety is ensured!
Safety labelling
Harmonised labelling allows consumers to recognise these substances easily. In Ireland the legislation covering the classification, packaging and labelling of dangerous substances is statutory instrument S.I. No. 25 of 2006 European Communities (Classification, Packaging, Labelling and Notification of Dangerous Substances) (Amendment) Regulations 2006. The Regulations require each manufacturer, importer or other person proposing to place any new chemical on the market for the first (...) Read more
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Textile products
In Ireland this legislation on the labelling of textiles is transposed as S.I. 485 of 2010 http://www.deti.ie/publications/sis... This legislation transposes Directive 2008/121/EC on textile names (recast) http://eur-lex.europa.eu/LexUriServ... and also Directive 2009/121/EC on textile names (melanine) http://eur-lex.europa.eu/LexUriServ.... The recast Directive incorporates all the amendments to the original Textile names Directive 94/74/EC into one instrument while Directive 2009/121/EC (...) Read more
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Products that are dangerous when used
Pyrotechnic articles
Pyrotechnic articles should include fireworks, theatrical pyrotechnic articles and pyrotechnic articles for technical purposes, such as gas generators used in airbags or in seatbelt pretensioners. ‘Pyrotechnic article’ means any article containing explosive substances or an explosive mixture of substances designed to produce heat, light, sound, gas or smoke or a combination of such effects through self-sustained exothermic chemical reactions. This Directive should not apply to: (...) Read more