Post on 15-Apr-2018
Presentation on Product Recall and Consumer Protection Policy in
Suriname International Seminar on Market Recall Practices for Defective
Products: Toys and Children’s Products
Lima Peru, November 2013
Location: Northeastern coast of
South America,
2°-6° Northern latitude and
54°-58° Western longitude.
Inhabitants: 532,000
Land surface: 164,000 km2
Population growth : 1%/ year 2,500mm
Main economic activities in the coastal area: agriculture, petroleum production, small industries,
In the interior timber production and aluminum and goldmining
Ministry of Trade and Industry in Suriname
Logo Consumer Affairs Department
Consumer Affairs
Consmentenbescherming en
begeleiding Unit
Coordinator Consumer
protection & guidance Unit
Head
consumer agent
Consumer protection
agent I
(2 positions)
Consumer protectionagent
II
(6 positions)
Public Relation en
AwarenessUnit
Coordinator Public Relation
en AwarenessUnit
Awareness employee
(2 positions)
Research and Project
management Unit
Coordinator Research and
Project management Unit
Project analyst
(2 positions)
Research officer
2 officers
Statistician
(2 positions)
LegalUnit
Coordinator LegalUnit
Legal employee
Legal employee
assistant Administrations Unit
Documentation Administration
(2 posities)
Coordinator ICT Unit
ICT Unit
Main laws in place Policy-making Authorities Enforcement Authorities
Burgerlijk Wetboek
(Civil Code), 1868
Art. 1525 to 1533
(Warranty obligations)
Art.1401j to1401l
(Misleading
advertising)
Art.1401a to 1401i
(Product liability)
Standaardenwet,
(Standardization Act),
2004
Surinaams Bureau of
Standards Act, 2006
Ministry of Justice and Police
Surinaams Bureau for
Standaarden (SBS)
Special police officers
Standards officers*
*not designated yet.
Main laws and regulations in place
Main laws in place Policy-making Authorities Enforcement Authorities
Voedingsmiddelenwet, (Food
Act), 1911
Decreet Ijkwezen, 1983
(Meetmiddelen – Weights and
Measures)
Wet economische delicten, 1986
(Economic Offenses Act)
Gewijzigd bij 2003.
Wet Etikettering (Labeling Act)
(Prices and Margins Controls
decree), 1980
Ministry of Health
Ministry of Agriculture
Calibration Unit,
Department of Market
Control, Ministry of Trade and
Industry
Economic Control Unit,
Department of Market
Control, Ministry of Trade and
Industry
Economic Control Unit,
Department of Market
Control, and Business permits
unit, Department of Industry,
Ministry of Trade and Industry
Economic Control Unit,
Department of Market
Control, and Business permits
unit, Department of Industry,
Ministry of Trade and Industry
Health officers
Agriculture officers
Market control officers
Market control officers
Market control officers
Trade officers
Market control officers
Main laws and regulations in place
Institutions/government agencies that are directly responsible for the surveillance and safety products?
Legal and institutional framework for the surveillance products
Institution Role/function
• The Bureau of Public Health is responsible for the surveillance of dangerous food products.
Institution with ministry of Health that has the authorization to look over and guarantee the safety and health of citizens when it comes to food Products
• The Ministry of Trade and Industry in the form of the Consumer affairs department in collaboration with the Economic control Unit that consists of Special Police officers.
The ministry does not have a policy regarding safety of toys and children’s products. In our draft consumer protection law there are some regulations regarding product safety.
With regards to legal and regulatory support to work on the surveillance and safety of toys and children's products:
Specifically Suriname does not yet have a Law or standards in place when it regards children toys or Products. These efforts or just now starting.
ALTHOUGH: when products are identified these products will be recalled by the government or the importers.
We are aware that there are ISO Standards that fit in the context of recalls and safety on products.
Legal and Regulatory support that allow mandate to institutions
The Bureau of Standards has the Legal mandate to implement a surveillance system, and further more test products on their conformity when it comes down to certain product specifications.
As a result of International collaboration Consumer affairs department is creating a policy framework on recalls and product safety in collaboration with bureau of Standards. This will be a policy document on steps and measurements to be taken in detection and procedures in recalls.
Legal and Regulatory support that allow mandate to institutions cont’d
We have a website, and recently there is option for consumers to report safety related incidents through Carrex (Caricom).
This option will be implemented in the new website of the Ministry. Consumers can report safety and health related incidents at the hotline of the complaint department.
Intervention possibilities for Alerts
Intervention Type Institution
Voluntary recalls Min. TI
Compulsory recalls Ministry of Trade and Industry , Ministry
of Health
Refunds or exchanges The producer of Importers and
distributors
Financial penalties Public Prosecutors Office, Economic
Control Unit
Compensations /damage’s repair The producer of Importers and
distributors
Type and scope of interventions
Rapid alert database: Rapex, Carrex or CSHN
with warning about product
The Ministry receives notifications from national or international organisations that a certain good is dangerous.
The Importer, distributor or Producer of those dangerous goods places adds in the local newspaper that the dangerous goods are going to be recollected;
The ministry of Health;
The Ministry of Agriculture, Livestock and Fishery;
Sources of Alerts to the Ministry
The importer is the one who places a notice in the news papers that a certain product is unsafe and needs to be recalled.
The min. of TI sometimes gets a notice from the importer, but not always. We get the information from the Bureau of Public Health, media and the internet.
The Min. of TI gives instructions to the Economic Control Unit and the Consumer Affairs Department to investigate the case. Sometimes in collaboration with ministry of Health.
After the investigation the importer makes an inventory and informs the min. of TI about this.
Intervention procedures
There are 2 working procedures: 1. the products that are at the port get confiscated by the port authorities and destroyed. 2. Regarding products that have been recalled and that were in storage: The destruction happens under surveillance of the min. of TI. The min. of TI makes a report and films the destruction.
The minister and permanent secretary of the min. of TI get a notice about the above mentioned.
After the recall and destruction the min. of TI inspects if all products have been removed.
Intervention procedures
Because there is no Law, or standard yet, product recalls have been done in adhoc cases.
Past Experiences with Product recalls
Top 5 of most experience recalls in Suriname
1 food products : Peter Pan peanut butter, corned beef, wicky juice, milk products from China, Nesquik powder
2 children's toys
3 Products for baby's: : teething rings, pacifiers.
4 Children's school supplies like pencils.
5 Over the counter Medicine’s: cough syrup, diet products like hydroxycut.
Main laws under preparation Main laws under
preparation
Policy-making Authorities Enforcement Authorities
Consumer Protection Act
Electronic Transactions Act
(possibly under
consideration –
unconfirmed)
Bill on Cybercrime
(pending)
Bill on Product Safety
And product Liability
Metrology Bill
Ministry of Trade and Industry
Possibly under Ministry of
Justice and Police ?
Note this information is
unverified
Ministry of Trade
Ministry of trade
Economic Control Unit, Department
of Market Control, Ministry of
Trade and industry
Consumer authority
Unknown
Product Safety Commision
Bureau of Standards
Department in the Ministry of Trade and Industry has been intensively working on finishing the consumer protection bill.
The aim is to have the approval of the parlement for the competition Bill and consumer protection bill in 2013.
Plans are there to create an official MOU between the consumer protection department of the ministry and the ministry of Health, bureau of Standards, the Customs and the NGO’s on consumer protection.
International: create an official MOU between the consumer protection department of the ministry and the Netherlands Consumer and Competition authority, and FTC
Personal thoughts on Future
There should be a publication of the recall and destruction of the products by the min. of TI in the media.
This recall should be reported to the international organizations and Rapid Alert systems if they are not on this data base yet.
Most recalls have been on food products of which a part of the production has been contaminated. Some of these products come from well-known Producers.
The ministry has just become a member of (Consumers International and ICPEN). And has been making changes in policy as a result of the Network with in the OAS and its partners in consumer and Product safety in the region.
Not implemented yet:
Suriname daily tries to comply to the issues at hand in regard to the consumer protection. For market surveillance issues a product safety and liability bill will be created and a commission with the authority. Till then the consumer affairs department will collaborate with the standards bureau they will be having inspections, create certification and mandatory standards with regard to safety and hazardous products. Together with the Customs department
It seems that there is still a limited vision in what consumer protection means and its importance.
The OAS has meant a lot to the Consumer Protection for Suriname and Caricom these past 3 years.
Future and Now
It was a new insight into the fact that it was a specialization of the topic itself. It is broad and need time and specialization.
A website will be created with help of FTC and ACM for product safety and consumer protection and complaints. The consumer protection website will concentrate on consumer awareness and education.
A Database is in creation for consumer complaints which will be linked with a database for unsafe products and recalls. This will be connected to a mobile app that will create possibilities for alert and complaints from consumers.
Future and now
Example of Intervention
On Grounds of Ethical nature and protection towards teenagers measures were taken to stop import of this product. On grounds of the name and the fact that teenagers were starting a trend in overusing this product
Awarness on how to complaint and what to look for
Example on Awareness
Projects with school secondary and highschool Awarness projects and launches
Example on Awareness cont’d
THANK YOU
GRACIAS…