Non-Tariff Barriers

Non-Tariff Measure

NTM classification

B9: TBT Measures n.e.s. 

Date when the measure came into force

14 April 1989 

Publication where the measure is specified

GNR 690 in Government Gazette 11823 of 14 April 1989 

Regulation where the measure is specified

the Hazardous Substances Act, 1973 (Act No. 15 of 1973), 

Country/Region applying the measure

South Africa 

Coded list of objectives

A: Protection of human life and health 

Description of the measure

5. Records to be kept by approved dealers
(1) Every approved dealer shall, if the Director-General so requires, keep in respect of the model concerned a record of-
(a) every sale and leasing of any listed electronic product belonging to such model, and such record shall include the following:
(i) The name and postal address of the purchaser.
(ii) the brand name, model name and serial number of such product; and
(iii) the date of such sale or leasing;
(b) (i) the quality control procedures instituted with respect to such product to ensure electronic product safety;
(ii) the results of tests carried out on such product with a view to electronic product safety, including the control of unnecessary. secondary or leakage electronic product radiation..
(iii) the results of durability and stability tests on such product showing up ageing effects which may increase the risk of injury; or (iv) such other procedures pertaining to the control of such product as the Director-General may deem necessary.
(2) The provisions of subregulation (1) (a) shall apply mutatis mutandis to any dealer who sells or leases such listed electronic product and the information referred to in subregulation (1) shall, on request, be supplied to the approved dealer concerned by such dealer.
(3) The records referred to in subregulations (1) and (2) shall -
(a) at all times, save when they have been withdrawn from use or have been removed for the purposes of these regulations or of any law, be kept on the business premises of the approved dealer or dealer concerned, as the case may be, in a place which is reasonably protected against fire and theft,
(b) be updated daily;
(c) at all reasonable times be made available for inspection at the request of an inspector,
(d) in the event of a change of ownership of the business concerned, be handed over to the new owner;
(e) at the request of the Director-General, as a complete record or in part or in the form of extracts, be forwarded to or delivered at, as the case may be, an address specified by him; and
(f) be disposed of only in such manner as may be approved by the Director-General.
6. Provisions relating to a defect and non-compliance, with an applicable standard
(1) When it comes to the notice of an approved dealer or when an approved dealer has reason to suspect that a listed electronic product of a licensed model has a defect or fault since it does not comply with an applicable standard or no longer fits the description of such model contained in the report on it submitted in terms of regulation 3 (2) or (5), as the case may be, such approved dealer shall immediately-
(a) notify the Director-General in accordance with subregulation (2) of the relevant facts or suspicion;
(b) if he is of the opinion that such defect or fault can be rectified, submit to the Director-General for approval, together with the notification referred to in paragraph (a). a plan or procedure for such rectification; and
(c) if directed by the Director-General to do so, forward a notification, in accordance with subregulation (3), to the purchaser or any other person who, either directly or through reasonable inquiry, can be identified as the present user of such listed electronic product, and furnish the Director-General with a copy of such notification. (2) Each notification, referred to in subregulation (1) (a) furnished to the Director-General shall be in writing and shall include the following information:
(a) An identification of the listed electronic product concerned;
(b) the date on which and the circumstances under which such defect or fault was discovered or first suspected;
(c) a description of such defect or fault or the reason why it is suspected that such defect or fault existed or developed;
(d) an evaluation of the risk of injury resulting from such defect or fault.,
(e) the number of units of the product concerned which have been manufactured or imported, the number sold and the number leased. and
(f) proposed instructions, if any, for approval by the Director- General, on the use of the product concerned pending the rectification thereof.
(3) Each notification referred to in subregulation (1) (c) to a purchaser or user shall be in writing and in addition to any other relevant information, if any, that is to be furnished on the instruction of the Director-General shall include the following information:
(a) An identification of the product or products concerned.,
(b) a description of the defect or fault concerned.,
(c) a clear evaluation in non-technical terms of the risk of injury resulting from such defect or fault; and
(d) instructions approved by the Director-General, if any, on the use of the product concerned pending the rectification thereof.
(4) If the Director-General on the basis of testing, inspection, research or the examination of reports or data is of the opinion that a listed electronic product of a licensed model has a defect or fault since it no longer complies with an applicable standard, he shall notify the approved dealer, in writing, of such defect or fault and shall specify the following in such notification:
(a) His findings, with reference to the tests, inspections, studies or reports upon which they are based;
(b) the latest date by which such approved dealer, if he so wishes, may make representations in regard to such defect or fault;
(c) such approved dealer's responsibilities under regulation 7; and
(d) the conditions, if any, on which any person may use, operate or modify or dispose of the product concerned, until such time as the submitted plan or procedure is approved by the Director- General in terms of regulation 8 (2) and is effectively carried out.
(5) Every approved dealer who receives a notification under subregulation (4) shall advise the Director-General, in writing, on or before the date referred to in subregulation (4) (b) of the number of units of the product concerned which have been manufactured or imported, the number sold and the number leased.
(6) If, after the date referred to in subregulation (4) (b) and after considering the representations, submitted by the approved dealer concerned if any, the Director-General is of the opinion that the product has still not been rectified, he may direct such approved dealer to forward a notification to the purchaser or user referred to in subregulation (1) (c) in the manner laid down in subregulation (3) and within a period determined by the Director- General.
9.No person shall -
(a) modify a licensed listed electronic product unless a supplementary report referred to in regulation 3 (5) has been submitted and has been approved by the Director-General; or
(b) repair a licensed listed electronic product unless such product carries a label or inscription referred to in regulation 3 (4). 

Reference of the measure

Section 5 & 6 $ 9 

Measure also domestic

Yes 

Products affected by the measure.

Description

electronic product 

Countries/Regions affected by the measure.

Description

All countries