LAW

ON GENERAL PRODUCT SAFETY

“Official Gazette of BiH” 102/09
Pursuant to Article IV 4 a) of the Constitution of Bosnia and Herzegovina, the Parliamentary
Assembly of Bosnia and Herzegovina, at the 63 rd session of the House of Representatives, held
on November 4th, 2009, and at the 39th session of the House of Peoples, held on December 15 th,
2009 adopted the following
LAW
ON GENERAL PRODUCT SAFETY
SECTION I GENERAL PROVISIONS
Article 1
(Purpose and Scope)
(1) This Law shall regulate the general safety of products placed on the market, the criteria for
evaluating compliance with the general safety requirement, and the obligations of the
manufacturer and distributor.
(2) This Law shall apply to all products defined in Article 2, item a) of this Law, except for
products whose safety requirements are regulated by special applicable regulations of Bosnia and
Herzegovina.
(3) If the special regulations referred to in paragraph (2) of this Article do not cover all types and
categories of risks that a product may pose, this Law shall apply to these products only in
relation to those types and risk categories.
(4) If the special regulations referred to in paragraph (2) of this Article do not regulate the
obligations of the manufacturer and the distributor, then the provisions of this Law shall apply.
(5) By fulfilling the obligations prescribed by this Law, the manufacturer's liability for damage
arising from defective products, within the meaning of the regulations governing this liability,
shall not be excluded.
Article 2
(Definitions)
The terms used within the meaning of the provisions of this Law shall have the following
meaning:
a) 1) A product is any non-food product intended for consumers or which, under reasonably
foreseeable conditions, can be used by consumers even if it is not directly intended for them and
which is delivered or made available, whether for a charge or free of charge, within a
commercial activity, including the product delivered or made available within the scope of the
provision of services, whether new, used or refurbished.
2) This definition of a product shall not apply to second-hand products that are supplied as
antiquities or to products requiring repair or rectification prior to use, provided that the supplier
clearly informs thereof the person to whom the product is delivered.
b) A safe product is any product that, under normal or reasonably foreseeable conditions of use,
including the duration and, if necessary, putting it into service and the requirements for
installation and maintenance, poses no risk or only the smallest risk associated with the use of
the product, which is considered acceptable and consistent with a high level of protection for the
safety and health of people, especially taking into account the following elements:
1) the features of the product, in particular its composition, packaging, instructions for
assembling and, if necessary, installation and maintenance;
2) the impact of the product on other products where it can reasonably be foreseen that it will be
used with other products;
3) presentation of the product, its labeling, warnings and instructions for its use and disposal
after use, and any other markings or notices relating to that product;
4) categories of consumers at risk when using a particular product, especially children and the
elderly.
The possibility of achieving more safety or availability of products that represent a lower
level of risk shall not be the basis for the product to be considered dangerous.
c) A dangerous product is any product that does not comply with the definition of the safe
product referred to in item b) of this Article.
d) A serious risk is any risk that requires the rapid action of competent authorities in Bosnia and
Herzegovina, including the risk whose consequences are not immediate.
e) A manufacturer is:
1) any legal person or entrepreneur or natural person with the seat or residence in Bosnia and
Herzegovina who is engaged in the manufacturing, finishing or processing of products and any
other person who represents himself as a manufacturer, by placing his name, trademark or other
distinguishing mark on the product;
2) manufacturer's representative, if the manufacturer does not have a seat or residence in Bosnia
and Herzegovina, or an importer of a product, if the manufacturer does not have a representative
of the manufacturer with his seat or residence in Bosnia and Herzegovina;
3) other legal person or entrepreneur or natural person in the supply chain that performs trade
and/or commercial services, to the extent that his activity can affect the security features of the
product.
f) A distributor is any legal person or entrepreneur or natural person who performs trade and/or
commercial services and whose activities in the supply chain do not affect the safety features of
the product.
g) Product return from the consumer implies any measure aimed at returning the dangerous
product already delivered by the manufacturer or distributor, or made available to the consumer.
h) The withdrawal of a product from the market implies any measure aimed at preventing
distribution and display, and offering of dangerous product to consumers.
i) Dangerous imitation is a dangerous product of deceptive appearance that is not a food
product, but it resembles or reminds of a food product with its shape, odor, color, outward
appearance, packaging, markings, scope or size, and it is possible that consumers, especially
children, do not differ it from the food product and therefore may place it in their mouth, suck or
swallow it, which can be dangerous and cause, for example, choking, poisoning and perforation
or obstruction of the digestive tract.
j) The European Standard is a standard adopted by European standardization bodies and is
available to the public.
k) The placing of the product on the market is the first action by which the product is made
available, with a charge or free of charge, for the first time on the market of Bosnia and
Herzegovina with the intention of distribution or use on the market of Bosnia and Herzegovina.
l) The putting of the product into use implies the moment of first use of the product in Bosnia
and Herzegovina by the end user.
m) Market surveillance is a comprehensive system of measures, procedures and actions that are
undertaken to ensure the conformity of products placed on the market or in use with the
prescribed criteria referred to in this Law, in order to meet general safety requirements.
SECTION II GENERAL SAFETY REQUIREMENTS FOR PRODUCTS AND
CRITERIA FOR ASSESSMENT OF CONFORMITY
Article 3
(General Product Safety Requirement)
The manufacturer shall be obliged to place only safe products on the market.
Article 4
(Requirements for Dangerous Imitations)
It shall not be permitted to produce, place on the market, import or export dangerous imitations
referred to in Article 2, item i) of this Law.
Article 5
(Compliance with Regulations and Standards)
(1) The product is considered safe if it meets all the safety and health requirements laid down by
the special regulations applicable in the territory of Bosnia and Herzegovina for that product.
(2) It is assumed that the product is safe in terms of risks and risk categories, if it meets the
requirements of the BiH standards that transpose European standards.
(3) The list of standards referred to in paragraph (2) of this Article shall be published by the
Ministry of Foreign Trade and Economic Relations of Bosnia and Herzegovina in the “Official
Gazette of BiH”.
Article 6
(Other Criteria for Conformity Assessment)
In cases not covered by Article 5 of this Act, the conformity of a product with a general security
requirement shall be assessed taking into account in particular the following elements:
a) BiH standards that transpose relevant European standards, other than those referred to in
Article 5, paragraph (2) of this Law,
b) other BiH standards,
c) good practice codes for the safety of products in force for the relevant area,
d) the latest achievements of science, techniques and technology,
e) reasonable consumer expectations regarding safety.
Article 7
(Conducting Market Surveillance)
For the purposes of the provisions of this Law, market surveillance regarding the safety of
products is carried out by:
a) Market Surveillance Agency of Bosnia and Herzegovina (hereinafter: the Agency), which
carries out activities and tasks within the scope of the competencies prescribed by the Market
Surveillance Law in Bosnia and Herzegovina (“Official Gazette of BiH”, No. 45/04 and 44/07);
b) inspection bodies of the Federation of Bosnia and Herzegovina, the Republika Srpska and the
Brcko District of Bosnia and Herzegovina, in accordance with special laws and other regulations
(hereinafter: competent inspection bodies), which carry out inspection supervision over the
implementation of this Law in order to meet general safety requirements and determine and take
appropriate administrative measures and actions to ensure product compliance with the
prescribed criteria in this Law.
Article 8
(Protective Clause)
The competent inspection bodies shall take appropriate measures to prevent the placing of the
product on the market or to order its withdrawal from the market or the return of products from
consumers if there is evidence that this product is dangerous, despite its compliance with the
criteria referred to in Articles 5 and 6 of this Law.
SECTION III OBLIGATIONS OF MANUFACTURERS AND DISTRIBUTORS
Article 9
(Manufacturer's Obligations)
(1) The manufacturer shall be obliged, within the scope of his business, to provide the necessary
information to consumers that will enable them to assess the risk inherent in the product during
the period of its usual or reasonably foreseeable use when such risks are not clearly noticeable
without appropriate warnings, and to take precautionary measures against those risk.
(2) The warnings referred to in paragraph (1) of this Article shall not exempt the manufacturer
from the fulfilment of obligations of other requirements prescribed by this Law.
(3) The manufacturer shall be obliged, within the scope of his activity, to take measures in
accordance with the features of the products he delivers, which enable him:
a) to be familiar with the risks that these products may pose;
b) to take appropriate actions, including the withdrawal of such products from the market,
appropriate and effective warning of the consumers or return of the products from consumers,
when this is necessary to avoid these risks.
(4) The measures referred to in paragraph (3) of this Article include, inter alia:
a) giving the information on the product or its packaging identifying the manufacturer and the
product: the name and full address of the manufacturer, the name and type or product model and,
if any, the serial number of the product,
b) examining samples of products on the market, reviewing complaints and keeping a registry of
complaints, and informing distributors about these measures.
(5) The manufacturer shall undertake the activities referred to in paragraph (3) item b) of this
Article voluntarily or at the request of the competent inspection bodies. The manufacturer shall
take the measure of product return from the consumer as a last resort only when other measures
are not sufficient to prevent the risk, when he considers it necessary or when it is required to do
so in accordance with the measure imposed by the competent inspection body.
Article 10
(Distributor's Obligations)
(1) In order to ensure compliance with the general safety requirements for the product, the
distributor shall be obliged to act with due diligence, so as not to supply consumers with
products for which he knows or should know, on the basis of the available information and
professional knowledge and experience, that they are not in compliance with the safety
requirements.
(2) Distributor shall, within the scope of his activity, also be obliged to participate in monitoring
the safety of products placed on the market, and in particular by:
a) forwarding information on the risks that the product may represent;
b) keeping and making available the documentation necessary for monitoring the origin of the
product;
c) cooperating in the implementation of measures and actions undertaken by manufacturers,
competent inspection bodies and the Agency with the aim of avoiding risks;
d) taking measures that enable more effective cooperation with manufacturers, competent
inspection bodies and the Agency.
Article 11
(Joint Obligations of Manufacturers and Distributors)
(1) If the manufacturer and distributor, on the basis of the available information and professional
knowledge, know or should know that the product they put on the market poses a risk to
consumers and is not in accordance with the general safety requirement, they shall immediately
inform the Agency thereof, in particular by providing information on the measures and actions
taken to prevent the risk to consumers.
(2) Manufacturers and distributors shall, within the scope of their activities, cooperate with the
competent inspection bodies and the Agency in the implementation of measures and actions
taken to avoid the risks posed by the products they are delivering or have already delivered.
(3) The Council of Ministers of Bosnia and Herzegovina shall, by a special regulation, determine
the content and procedures regarding the specific notification and cooperation requirements
referred to in this Article.
SECTION IV SUPERVISION
Article 12
(Supervision of the Implementation of the Law)
The Ministry of Foreign Trade and Economic Relations of Bosnia and Herzegovina and the
competent entity ministries and the Brcko District of Bosnia and Herzegovina shall supervise the
implementation of this Law.
SECTION V PENAL PROVISIONS
Article 13
(Serious Violations)
(1) A legal person shall be fined in the amount of KM 5,000 to 25,000 for a misdemeanor if:
a) contrary to Article 3 of this Law, he placed on the market a product that is not safe;
b) contrary to Article 4 of this Law, he produced, placed on the market, imported or exported a
dangerous imitation referred to in Article 2, item i) of this Law.
(2) An entrepreneur and/or a natural person shall be fined for the misdemeanors referred to in
paragraph (1) of this Article in the amount of KM 1,500 to 10,000.
(3) A responsible person in the legal person shall be fined for the misdemeanors referred to in
paragraph (1) of this Article in the amount of KM 500 to 2,000.
Article 14
(Minor offences)
(1) A legal entity shall be fined for an offence in the amount of KM 1,000 to 5,000 if:
a) contrary to Article 9, paragraph (1) of this Law, he fails to adequately inform the consumers or
take appropriate measures to enable them to avoid risk;
b) contrary to Article 9, paragraph (3) item (b), fails to take appropriate actions, including the
withdrawal of non-compliant products from the market, appropriate and effective consumer
warning or return of products from the consumers when it is necessary to avoid the risks posed
by that product;
c) contrary to Article 10, paragraph (2), item b), he does not keep documentation for monitoring
the origin of the product, or, at the request of the competent inspection body, does not make
available documentation that enables the monitoring of the origin of the product;
d) contrary to Article 11, paragraph (1) of this Law, he fails to notify the Agency of the risks
posed by the product placed on the market;
e) contrary to Article 11, paragraph (2) of this Law, he denies cooperation with the competent
inspection bodies and the Agency.
(2) An entrepreneur or natural person shall be fined for the misdemeanors referred to in
paragraph (1) of this Article in the amount of KM 500 to 2,500.
(3) A responsible person in the legal person shall be fined for the misdemeanors referred to in
paragraph (1) of this Article in the amount of KM 100 to 500.
SECTION VI TRANSITIONAL AND FINAL PROVISIONS
Article 15
(Deadline for Adoption of Regulations)
(1) The Council of Ministers of Bosnia and Herzegovina shall adopt the regulation referred to in
Article 11 paragraph (3) of this Law within 60 days from the date of entry into force of this Law.
(2) Pending the adoption of the regulations referred to in paragraph (1) of this Article, valid
bylaws shall apply if not contrary to this Law.
(3) In the event of knowledge of a product or a group of products which pose a serious risk to the
health and safety of consumers, requiring a decision prohibiting or restricting import, placing on
the market and export of such products, the Council of Ministers of Bosnia and Herzegovina
shall, within 30 days, make a decision to regulate the actions of manufacturers and distributors in
this area.
Article 16
(Cessation of Validity of Previous Law)
By entering into force of this Law, the Law on General Product Safety (“Official Gazette of
BiH”, No. 45/04) shall cease to be valid.
Article 17
(Entry into Force)
This Law shall enter into force on the eighth day from the day of its publication in the “Official
Gazette of BiH”.