THE CONSUMER PROTECTION ACT. Regulations made by the Minister under section 4(1) of the Consumer Protection Act

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1 Government Notice No... of 2016 THE CONSUMER PROTECTION ACT Regulations made by the Minister under section 4(1) of the Consumer Protection Act 1. These regulations may be cited as the Consumer Protection ( Requirements) Regulations In these regulations - Act means the Consumer Protection Act; BS means British Standard; certificate of conformity means a document from a conformity assessment body certifying that the controlled goods comply with the corresponding safety standard; conformity assessment body means a body that performs conformity assessment services and which is recognized as such under the laws of the exporting country; and includes the MSB; controlled goods means any good of a type, class or specified in the second column of the Schedule; description data storage device means any article or device from which information is capable of being reproduced, with or without the aid of any other article or device; electronic means, relating to technology, having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities; EN means European Norm; enforcement authority means the Ministry to which the responsibility for the subject of consumer protection is assigned;

2 freeport zone shall have the same meaning as in the Freeport Act; IEC means the International Electrotechnical Commission; ISO means the International Organisation for Standardisation; MS means the standard as defined in section 2 of the Mauritius Standards Bureau Act; MSB means the Mauritius Standards Bureau; risks to health and safety include in relation to a person, the risk to the person of death, shock or injury caused directly by the controlled goods or originating from the controlled goods; in relation to property, the risk to the property of (i) (ii) damage caused by the controlled goods; or loss or damage caused directly by controlled goods or originating from the controlled goods; safety standards means the standards specified in the fourth column of the Schedule; supplier includes the manufacturer, importer or seller, as appropriate. 3. These regulations shall not apply to household and personal effects of a passenger; controlled goods entering the Freeport zone; and (c) controlled goods shipped on or before 1 November Controlled good shall satisfy the corresponding safety standards specified in the Schedule. 5. (1) Subject to paragraph (2), no person shall import controlled goods unless it is covered by an original certificate of conformity or a certified true copy of an original certificate of conformity issued by a recognized body in the country of origin and duly certified by the Mauritius Standards Bureau.

3 (2) Where the controlled goods are not covered by an original certificate of conformity or a certified true copy of a certificate of conformity at the time of importation, a test report shall be obtained from the Mauritius Standards Bureau prior to the supply of the goods; (2A) Notwithstanding paragraphs (1) and (2), the Permanent secretary may authorize an importer to clear controlled goods from the Customs provided the whole consignment is kept sealed under the custody of the Enforcement Authority until the MSB issues a letter of recommendation to the importer in respect of those goods. (3) For the purposes of paragraph (2), the supplier shall cause the controlled goods to be tested by the Mauritius Standards Bureau and pays the prescribed fee for the test. (4) where the controlled goods fail to comply with the corresponding safety standards, the Enforcement Authority may in consultation with importer cause the goods to be exported, destroyed or disposed of in a manner as to render them commercially valueless at the expense of the importer or manufacturer under the supervision of the Enforcement Authority. 6. (1) Where the enforcement authority has reasonable grounds to believe that controlled goods are not in compliance with the applicable safety standards, or is not safe for use or consumption or may pose risks to health and safety, it may cause these goods to be tested. (2) Where, following testing under paragraph (1), the controlled goods are found to be not in compliance with the applicable safety standards, or not safe for use or consumption or may pose risks to health and safety, the costs of the test shall be borne by the supplier. 7. Where a supplier requests that testing be carried out upon controlled goods to ascertain their conformity with the applicable safety standards or whether they are not safe for use or consumption or pose risks to health and safety, the costs of the test shall be borne by the supplier. 8. (1) Where a supplier becomes aware that the controlled goods he has supplied are not in conformity with the applicable safety standards, or are not safe for use or consumption, or pose risks to health and safety, he shall forthwith, take all the necessary steps to eliminate these risks, including the recalling of the controlled goods where appropriate; and notify the enforcement authority. (2) A notice under paragraph (1) shall provide -

4 (c) (d) adequate information to allow the enforcement authority to identify the controlled goods or batch of controlled goods in question; a full description of the risks that the controlled goods present; all available information relevant for identification and traceability of the controlled goods; and a description of actions undertaken to eliminate risks to the consumer. (3) A supplier shall provide such assistance as may be necessary to the enforcement authority in any action taken to avoid the risks to health and safety posed by controlled goods which he supplies or has supplied. 9. Notwithstanding that the controlled goods are covered by an original certificate of conformity, or conform to the required standards, the enforcement authority may issue a prohibition notice under section 5 of the Act and remove and seize the controlled goods at the cost of the supplier. 10. Where the Minister has maintained a prohibition notice under section 5(5) of the Act, the person who has been served with the prohibition notice shall - (c) (d) forthwith recall the controlled good at his own expense; to the extent possible, contact consumers who have purchased the controlled goods in order to inform them of the recall; publish a notice, in such form and such manner as is likely to bring to the attention of purchasers of the controlled goods the risk the goods pose and the fact of the recall, in at least 2 local newspapers of wide circulation; make such arrangements as are appropriate for the collection or return of the controlled goods, from consumers who have purchased them, for their disposal. 11. (1) The enforcement authority may apply to a Court for an order of forfeiture of controlled goods on the ground that the controlled goods are unsafe for use or consumption or do not meet the applicable safety standards. (2) Where controlled goods are forfeited under paragraph (1), the Court may order that they shall be destroyed; may give directions as to the manner in which they are to be disposed of or

5 (c) may order the goods to be exported. 12. Where an authorized officer has reasonable grounds for suspecting that an offence has been committed in relation to these regulations, he may, in the exercise of the powers conferred upon him by section 7 of the Act (c) require any supplier to submit all necessary information relating to the controlled goods, including any record; require any record which is stored in an electronic form and is accessible from the premises to be produced in a non-encrypted or legible and comprehensible form, in a data storage device; take copies of, or of an entry in, any record produced by virtue of sub-paragraphs and. 13. These regulations shall come into operation on 1 November Made by the Minister on 2016.

6 SCHEDULE [Regulations 2 and 4] CONTROLLED GOODS AND THE APPLICABLE SAFETY STANDARDS Item no Description of goods PART I DOMESTIC OR HOUSEHOLD APPLIANCES AND SIMILAR ELECTRICAL APPLIANCES Headings/HS codes standards 1 Hair Dryers MS IEC Part 2-23: Particular requirements for appliances for skin or hair care 2 Table Fan, Pedestal Fan, Wall Fan, Ceiling Fan 3 Ovens (fixed) 4 Microwave Oven 5 Coffee or Tea Maker MS IEC Part 2-80: Particular requirements for fans , , MS IEC Part 2-6: Particular requirements for stationary cooking ranges, hobs, ovens and similar appliances MS IEC Part 2-25: Particular requirements for microwave ovens, including combination microwave ovens MS IEC Part 2-15: Particular requirements for appliances for heating liquids 6 Toaster MS IEC Vacuum Cleaner Part 2-9: Particular requirements for grills, toasters and similar portable cooking appliances , , MS IEC Part 2-2: Particular requirements for vacuum cleaners and water-suction cleaning appliances

7 Item no Description of goods 8 Dish Washing Machine 9 Clothes Washing Machine 10 Spin Extractor (Centrifugal Clothes Dryer) 11 Electric Shavers, Hair Clippers 12 Electrically Heated Blankets 13 Whirlpool Baths Headings/HS codes standards , MS IEC Part 2-5: Particular requirements for dishwashers , , , MS IEC Part 2-7: Particular requirements for washing machine , IEC Part 2-4: Particular requirements for spin extractors , IEC Part 2-8: Particular requirements for shavers, hair clippers and similar appliances IEC Part 2-17: Particular requirements for blankets, pads, clothing and similar flexible heating appliances IEC Part 2-60: Particular requirements for whirlpool baths and whirlpool spas 14 Television , , MS IEC Audio, video and similar electronic apparatus - requirements PART II ELECTRICAL ACCESSORIES Item no Description of goods 1 Table Lamp and Floor Standing Lamp Headings/HS codes , , standards MS IEC Luminaires- Part 2: Particular requirements - Section 4: Portable general purpose luminaires

8 Item no Description of goods 2 Lighting chains using incandescent lamps for use in Christmas tree or other decorative use 3 Electronic ballast for fluorescent lamp 4 Magnetic ballast for fluorescent lamp 5 Electronic ballast for LED modules Headings/HS codes standards , MS IEC Luminaires- Part 2-20: Particular requirements - Lighting chains MS IEC Lamp control gear- Part 2-3: Particular requirements for a.c. and/or d.c. supplied electronic control gear for fluorescent lamps MS IEC Lamp control gear- Part 2-8: Particular requirements for ballasts for fluorescent lamps Isolating Dry type for Down-Light Fitting MS IEC of power transformers, power supply units and similar- Part 2-6: Particular requirements for safety isolating transformers for general use; or IEC Lamp control gear- Part 2-2: Particular requirements for d.c. or a.c. supplied electronic step-down converters for filament lamps MS IEC Lamp control gear- Part 2-3: Particular requirements for a.c. and/or d.c. supplied electronic control gear for LED modules 6 Lamp Holders IEC Bayonet lampholders IEC Edison screw lampholders