Act No. 64 / 2000 Coll.
Act amending Act No. 634 / 1992 Coll., on Consumer Protection, as amended
Valid
Law
Effective from 01.06.2000
64
THE LAW
of 24 February 2000
amending Act No. 634 / 1992 Coll., on Consumer Protection, as amended
Parliament has decided on this law of the Czech Republic:
Act No. 634 / 1992 Coll., on Consumer Protection, as amended by Act No. 217 / 1993 Coll., Act No. 40 / 1995 Coll., Act No. 104 / 1995 Coll., Act No. 110 / 1997 Coll. and Act No. 356 / 1999 Coll., are amended as follows:
1. In Article 2, at the end of paragraph 1, the dot is replaced by a comma and the following points (k) to (p) are added:
"(k) a product which is dangerous by its interchangeability with a food product which is not a food but has the shape, smell, colour, appearance, packaging, labelling, volume or dimensions which may cause consumers, especially children, to confuse it with food and, as a result, to suck or swallow it, which may be dangerous for human health, in particular to cause asphyxiation, poisoning or perforation or to block the digestive tract,
(l) shoes a product intended to protect or cover the feet with attached sole, including the essential parts of such footwear, even if sold separately,
(m) the essential parts of the footwear component or component used in the manufacture of footwear, consisting of:
1. the upper part of the footwear as a assembly of the outer part of the upper which is attached to the sole or to the intersole,
2. lining as part of the inner part of the upper and the sole as part or piece which is applied, sewn or inserted into the finished footwear,
3. the sole as the bottom of the footwear, attached to the upper, which is exposed to abrasion when using the footwear,
(n) leather tanned leather, the fibre structure of which is maintained and for which the thickness of the final surface treatment is less than 0,15 mm inclusive,
(o) a coated leather leather leather with a coating layer that is less than a third of the overall thickness of the leather but is more than 0,15 mm,
(p) crystal glass containing lead oxide, barium oxide, zinc oxide and potassium oxide alone or in combination, in the amount laid down in the implementing legislation. The implementing legislation shall also provide for further technical details. ';
2. in Article 3 (b), footnote 5, including the reference in the text, is deleted;
3. In Article 7 (1), the word "donate" shall be inserted after the word "sell."
4. In Article 7 (2), the word "donation" shall be inserted after the word "sale."
5. In Article 7 (3), the words "or donating 'shall be inserted after the words" or donating' and the words "or donating 'shall be inserted after the words" sold'.
6. The following Section 7a is inserted after Section 7:
Prohibition of the production, import, export, supply, sale and donation of products dangerous to their interchangeability with food
No one must produce, import, export, offer, sell and donate products that are dangerous by their interchangeability with food. '
7. In Paragraph 10, the dot is replaced by a comma at the end of paragraph 1 and the following point (d) is added:
"(d) also details of the materials used in its essential parts, if they are footwear, with the exception of those products which are not labelled under the implementing legislation."
8. In Section 10, paragraphs 7 and 8 are added:
"(7) In the case of a sale of a product whose designation has used symbols, the seller shall be obliged to make information about the meaning of those symbols available to the consumer appropriately.
(8) The obligation laid down in paragraph 1 (d) is mutatis mutandis for the manufacturer, importer or supplier. "
9. The following Section 10a is inserted after Section 10:
The manufacturer or the importer of the footwear shall provide the supplier and the seller with a precise indication of the materials used in the main parts of the footwear in accordance with the implementing legislation. '
10. The following Section 18a is inserted after Section 18:
The manufacturer or importer and the seller shall not use the names of each type of crystal glass and their associated symbols, as specified in the implementing legislation, for those products which are not further characterised by this implementing legislation, even when advertising such products. Where a product of glass bears a company or manufacturing mark or mark or trade name or name containing the designation "crystal," "crystal," "crystal" or derivatives, the manufacturer or importer and the seller shall complete the marking with details in accordance with the implementing legislation. '
11. in Article 19, the following paragraph 4 is added:
"(4) When selling or providing services outside the notified establishment, the seller shall, at the consumer's request, provide, in particular, the name or name and address of the seller, where the consumer may, even after the end of such sale or provision of services, claim. ';
12.
Protection against dangerous products and products dangerous to their interchangeability with food
State authorities, local authorities and other public authorities shall, within their respective limits, take all measures necessary to prevent the import, export and placing into circulation of dangerous products and products dangerous by their interchangeability with food or to prevent their further circulation. Hazardous products and products dangerous by their interchangeability with food in circulation shall be required by all means available, in particular through mass media, to inform the consumer public. ';
13. in Article 23 (2) and (4), the text "Sections 7 to 9" is replaced by "Sections 7, 8 and 9."
14. in Article 23a, the following paragraphs 4 to 6 are added:
"(4) The authorities referred to in Article 23 are entitled to impose a decision on the manufacturer, importer, supplier or seller to withdraw a dangerous product or a dangerous product by its interchangeability with food from the market. In the event of an immediate threat to life, if the urgency of the situation so requires, this decision may be notified orally and served without delay in writing.
(5) The seller shall notify the manufacturer, importer or supplier that the product is withdrawn from the market by decision of the supervisory authority and ensure, without delay, in cooperation with them that the dangerous product or the product dangerous is returned by its interchangeability with food. The supplier shall ensure, by informing the seller or by decision of the supervisory authority, that the product is withdrawn from the market without delay, in cooperation with the manufacturer the method of returning the dangerous product or product dangerous by its interchangeability with the food. The manufacturer or importer shall, on the basis of a decision of the supervisory authority to withdraw the product from the market or on the basis of a notification by the supplier or seller to withdraw the product from the market, ensure, in conjunction with them, a means of taking over the dangerous product or product dangerous by its interchangeability with food. The returnees or returnees shall be required to ensure the supply of such products withdrawn from the market within a time limit set by the supervisory authority or, in the absence of a time limit, without undue delay and inform the supervisory authority thereof.
(6) Where the return or re-take-over of the products referred to in paragraph 4 does not take place in accordance with a decision of the supervisory authority or without undue delay, the supervisory authority shall be entitled, in addition to the imposition of a fine, if life, health or property is at risk, to order the destruction of the product at the expense of the non-compliance. ';
15. in Article 24 (1), "7a" is inserted after "7,"
16. in Article 24 (2), the text "and Article 11" is replaced by the text, "paragraphs 11 and 12."
17. In Paragraph 24, the following paragraph 3 is inserted after paragraph 2:
"(3) For breach of the obligations laid down in § 23a (4) and (5), the authority referred to in § 23 shall impose a fine of up to CZK 1 000 000."
Paragraphs 3 to 9 shall be renumbered paragraphs 4 to 10.
18. In Article 24 (8), "3 'is replaced by" 4'.
19. in Article 24, paragraphs 11 and 12 are added, including footnotes 22a and 22b:
"(11) The fine shall be payable within 30 days of the date on which the decision imposing the fine becomes final.
(12) The fine is collected by the authority referred to in Article 23 and enforced by the territorial financial authority (22a) under specific legislation. 22b)
22a) Act No. 531 / 1990 Coll., on Territorial Financial Authorities, as amended.
22b) Act No. 337 / 1992 Coll., on the Administration of Taxes and Duties, as amended. '
20. in Paragraph 28a, at the end of (c), the dot is replaced by a comma and the following points (d) to (f) are added:
'(d) details of the method of labelling the footwear with data on the materials used in its main parts;
(e) a list of types of footwear which need not be labelled with data on the materials used in their essential parts;
(f) the conditions for determining the different types of crystal glass, including the names of these types, the characteristics which characterise them, the symbols and methods of determining the relevant chemical and physical characteristics, as well as the labelling of crystal glass products, including the identification of the crystal glass products which are subject to the marking. "
This Law shall take effect on the first day of the third calendar month following the date of its publication, with the exception of Article I (7) and (10), which shall take effect on 1 January 2001.
Klaus v. r.
Havel v. r.
Zeman v. r.
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Regulation Information
| Citation | Act No. 64 / 2000 Coll., amending Act No. 634 / 1992 Coll., on Consumer Protection, as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.03.2000 |
|---|---|
| Effective from | 01.06.2000 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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