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Office of Competition and Consumer Protection

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For enterprises

Polish law provides regulations which specify safety requirements for most products, including toys, food, cosmetics, etc. With regard to other products which are not covered by such regulations, e.g. lighters, children cots, furniture or candles, the Act of 12 December 2003 on general product safety (Journal of Laws No. 229 item 2275 as amended) is being applied.

Pursuant to the Act, each enterprise which places the product on the market needs to ensure that it is safe. If the producer or distributor finds out that his product may constitute any danger for its users’ health and safety, should withdraw the product from the market, replace it or reimburse its price to the customers, as well as inform them and the President of the Office about the irregularities and corrective actions. All information submitted by enterprises is available at the Office’s website. The Office monitors the course of corrective actions.

Moreover, manufacturers introducing products on Polish market are obligated to provide consumers with information in Polish, which allows them to asses the possible threats and counteract them. The producers have to place their name and address on the product, test product samples, analyze consumer complaints and - if needed - maintain their register and inform distributors on the actions undertaken.

The President of the Office, as an authority carrying out the general surveillance of products, initiates administrative proceedings on the basis of information obtained from the Trade Inspectorates or other sources, such as the consumers, public institutions or surveillance authorities of other EU Member States.

 

Should the Authority find that the product poses a threat to consumer life and health, may - by way of decision - impose specific obligations on its manufacturer or distributor. In consequence, the President of the Office can prohibit such product from being placed on the market, or order the enterprise concerned to:

  • label the product with a warning about dangers that the product causes,
  • warn the consumers by e.g. publishing a press announcement,
  • eliminate the threat,
  • withdraw the product from the market,
  • recall the product from the market or from consumers (which means that the enterprise has to buy it back from the users at the same price they paid for it, regardless of the degree of the wear and tear).

Products considered as non-compliant with safety requirements are entered into the Register of Dangerous Products available at the Office’s website. A fine of up to PLN 100 thousand may be imposed on an enterprise which has placed a dangerous product on the market.

 

The Office informs, on its own initiative, the general public opinion about products found to be dangerous for consumers.

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