Consumer Product Safety Enforcement in Israel
Transcript of Consumer Product Safety Enforcement in Israel
The OECD Roundtable on Consumer Product Safety, Paris, 23 October 2008
Consumer Product Safety
Enforcement in Israel
Grisha DeitchCommissioner of Standardization
Ministry of Industry, Trade and Labor
State of Israel
Standards Law
Consumer product safety enforcement in Israel is
performed according to the Standards Law – 1953,
which states as follows:
The Commissioner of Standardization may, at any
reasonable time, carry out an inspection in order to
examine whether the provisions of this Law are
complied with. Standards Law, Article 10(a).
Ministry of Industry, Trade and Labor
Commissioner of Standardization
Ministry of Industry, Trade and Labor
Commissioner of Standardization
In carrying out an inspection, the Commissioner, or any
person authorized by him on his behalf may:
1. Enter, … any place where he has reason to believe that a
product, the specification for which has been prescribed
as a mandatory standard, is produced or kept …, and
check any product …, and take a sample for the purpose
of testing …
2. Seize or retain anything which he has reason to believe
that an offence against the provision of this Law has been
committed in respect thereof …” Standards Law, Article
10(b).
Mandatory Standard
After consultation with representatives of producers and consumers the Minister may - by a proclamation published in the Official Gazette -proclaim part or all of a certain standard to be a Mandatory Israel Standard , if he concluded that it was necessary for the achievement of one of the following objectives:
Ministry of Industry, Trade and Labor
Commissioner of Standardization
1. Maintaining public health 2. Maintaining public safety 3. Protecting the quality of the environment
Duty to adhere to Mandatory Standard
“ No person shall produce, sell, import or
use in any work a commodity, a specification
of which has been defined as a mandatory
standard, unless such commodity conforms to
the requirements of the mandatory standard
…”
Standards Law
Ministry of Industry, Trade and Labor
Commissioner of Standardization
Ministry of Industry, Trade and Labor
Commissioner of Standardization
nExamples of products governed by mandatory standards
include: children’s high chairs, cigarette lighters, toys, drain
openers for domestic use, firelighters for igniting charcoal and
more. In a growing number of cases, the mandatory standards
adopt international and/or regional standards.
nAccording to a recent government decision, by 2010 some 65
percent of all mandatory standards are required to be adoptions
of international standards. This resolution was accompanied by
a special budget of $ 5 million for the Standards Institution of
Israel.
Ministry of Industry, Trade and Labor
Commissioner of Standardization
Delegation of Authority
Where enforcement is deemed more efficient or more
effective, the Commissioner delegates his authority, for
example to the Ministry of Health for inspection and
control of food products and to the Ministry of National
Infrastructure in the case of automobile and other fuels.
Ministry of Industry, Trade and Labor
Commissioner of Standardization
Consumer product safety enforcement staff
The enforcement staff at the disposal of the
Commissioner of Standardization includes engineer
specialists in the main technical fields. The annual
budget available for ex-post market surveillance and
product safety enforcement in 2008 was $300,000.
Ministry of Industry, Trade and Labor
Commissioner of Standardization
nEnforcement program plan
nA product, the specifications of which have been defined
as a mandatory standard, should be reviewed at least once
every three years. The products reviewed in any given
year are determined by a computerized annual
enforcement program, itself based on a long-term three
year plan. Additional products are selected for review
based on other information sources, e.g., consumer
complaints, information offered by competitors and data
gathered from the surgical departments of 7 hospitals
throughout the country.
Ministry of Industry, Trade and Labor
Commissioner of Standardization
nThe Commissioner of Standardization commissioned a survey
of injuries suffered by infants and children. It summarizes
data on the type of injuries suffered, age of the child, the
product causing the injury, site of the accident.
nA second survey, for which a tender is about to be published,
will review injury data on youths and adults, gathered by six
trauma centers throughout the country. These surveys will be
instrumental in setting risk-based priorities for enforcement at
the marketing stage.
Gathering data on injuries
to infants and children
THE PURPOSE: Creation of a risk basis for setting priorities for enforcement at the marketing stage
GATHERED BY: The National Center for Children’s Health and Safety
GATHERED FROM: Surgical departments of 7 hospitals
OTHER SOURCES: * The public* The media
WHAT DATA? * TYPE of injury * AGE of infant/child* PRODUCT causing injury * SITE of accident
DATA DELIVERED TO COMMISSIONER OF STANDARDIZATION:
Bi-monthly summary tables
Ministry of Industry, Trade and Labor
Commissioner of Standardization
Ministry of Industry, Trade and Labor
Commissioner of Standardization
Market surveillance sampling program
Results of the 2007 market surveillance sampling program of
electrical appliances for domestic and similar uses:
Of 71 samplings, 32 were based on prior information. Random
samples were taken of 39 additional products. Of the random
sample, 69 percent was found to conform to standards. Of the
directed (non-random) sample, safety deficiencies were found in
90.6 percent of the goods. These results emphasize the
importance of shifting to the much more efficient risk-based
decision making.
n
Ministry of Industry, Trade and Labor
Commissioner of Standardization
nMeasures taken
nThese include administrative sanctions, including
seizure of products or a temporary freeze on them at
the owner’s location. We also do product testing and
at times require warnings to be published in the local
press (or publish them on our own initiative). We
have the authority to initiate legal steps, including
taking suppliers or distributors to court. Our staff
submits 500-800 products per year to conformity
assessment bodies (CABs) for testing.
Ministry of Industry, Trade and Labor
Commissioner of Standardization
nSafety of imported goods
nActivities to ensure product safety are not confined to
surveillance at the market stage. All imported
products that are subject to mandatory standards must
receive approval prior to being released from
customs. Imported (non-food) commodities are
divided into four categories according to their degree
of potential risk to consumers.
The 4 levels of inspection
Group 1: Highest level of risk
Examples: toys, electrical home appliances, fire
extinguishers.
No change in existing procedures , an examination of
each shipment is still a requirement for release from
customs.
Ministry of Industry, Trade and Labor
Commissioner of Standardization
The 4 levels of inspection
Ministry of Industry, Trade and Labor
Commissioner of Standardization
Group 2: Medium level of potential risk
Examples: pipe fittings, carpets, bottles.
One time permit based on a type approval test.
Importer’s declaration- goods in subsequent shipments
identical to the authorized type and conform to the relevant
standards.
Inspections of each shipment - no longer required.
The 4 levels of inspection
Group 3: Inherent low level of risk
Examples: sun glasses, ceramic wall tiles, ceramic
sanitary fixtures and materials, etc.
Only importer’s declaration of conformity to applicable
official standards required.
No examination of goods required.
Ministry of Industry, Trade and Labor
Commissioner of Standardization
The 4 levels of inspection
Group 4: Goods solely for industrial use
(not for direct consumer use)
Examples: electrical industrial items.
Release of these goods from customs will not depend at
all on obtaining a certificate of conformity to official
standards.
.
Ministry of Industry, Trade and Labor
Commissioner of Standardization
Rationale and objectives
“Presumption of Conformity”- greater
responsibility is placed on importers.
Strengthening enforcement at the marketing
phase.
Ministry of Industry, Trade and Labor
Commissioner of Standardization
Enforcement and penalties
Stricter enforcement of mandatory standards- especially
groups where clearance can be made easier.
Legislative amendments approved by the Knesset - as
from August 1, 2005. Maximum fines on individuals
may reach $ 55,000 ($5,500 before).
Commissioner has the administrative power to place
shipments imported by an unreliable importer into
Group 1, i.e. requiring full physical examination of
imported goods.
Ministry of Industry, Trade and Labor
Commissioner of Standardization
Cooperation and information exchange
We collect the information about dangerous products
published by CPSC, several European organizations,
Australia & New Zealand and place it on our website
monthly.
An Agreement between CPSC and the Standardization
Administration in the Ministry of Industry, Trade and
Labor of Israel, signed recently, provides a framework
within which we can share expertise and information and
offer other mutual support to improve consumer product
safety.
Ministry of Industry, Trade and Labor
Commissioner of Standardization
Israel’s national contact point
This is the point to tell you that Israel’s Standardization Administration contains a national WTO/TBT enquiry point.
It notifies the WTO in Geneva of pending changes in technical regulations, distributes similar notifications forwarded by WTO from other Member States to our local exporters.
Ministry of Industry, Trade and Labor
Commissioner of Standardization
Next steps- Moving towards the GPSD
We are in the process of preparing an amendment to the
Standards Law that will include the general principles of the
GPSD.
This will create the legal grounds for the removal of
dangerous goods from the market although they are not
covered by mandatory standards.
Ministry of Industry, Trade and Labor
Commissioner of Standardization
Next steps
Enforcement of safety requirements mainly at the retail
stage, rather than at the point of release from customs.
Ministry of Industry, Trade and Labor
Commissioner of Standardization
Thank you for your
attention!
Grisha Deitch, Commissioner of Standardization, Ministry
of Industry, Trade and Labor, 5 Bank of Israel Street, 91036,
Jerusalem. Telephone: 972-2-6662296; Fax: 972-2-
6662943.
e-mail: [email protected] ; Website:
http://www.moital.gov.il (also contains English text)