On September 23, 2011, the German Bundestag promulgated a revised version of the GPSG, the current Product Safety Law (ProdSG). On December 1, 2011, the new Product Safety Law (ProdSG) came into force and replaced the original GPSG. Applicable German implementation date December 1, 2012 English ProdSG Chinese Product Safety Law The main changes in the new regulations are excerpted as follows1. New regulations for manufacturers, importers and retailers (1) Manufacturers, agents and importers of consumer products must fulfill the following obligations within the scope of their business in relation to the consumer products they provide: Conduct appropriate product spot checks; ·Handle relevant complaints and keep relevant complaint records when necessary; Direct retailers to take further action in relation to the consumer product. (2) Retailers must ensure that only safe products are placed on the market. In particular, retailers must not introduce consumer products on the market based on prior information or experience that is contrary to the requirements. (3) When importing products with the GS mark, importers need to verify whether the products have a valid GS certificate and file the corresponding documents, recording the validity date, GS mark issuing authority and certificate number. 2. New regulations on GS certification agencies The new regulations increase the requirements for GS certification bodies, requiring all GS certification bodies to publish the list of GS certificates that have been issued (white list) and the list of GS certificates that have been revoked (such as abuse of the GS mark) (black list). 3. New requirements for market regulators The new regulations increase the requirements for market regulators. Product inspections need to be completed by authorized GS certification agencies or similar qualified agencies; if manufacturers fail to issue product hazard warnings to customers in a timely manner, market regulators will directly inform the public of the relevant product hazards; the sampling guideline for market regulators is 0.5 samples per 1,000 households. Punitive measuresThe new regulations have stricter penalties for violations, such as increased fines for missing German instructions, missing specifications or labels on consumer products, etc. The purpose is to eliminate abuse to achieve the ultimate effect. Violations of the regulations are generally subject to a fine of 10,000 euros, but if the GS mark is used without the corresponding certificate, the fine will be as high as 100,000 euros. If an advertisement is published without the corresponding GS certificate or the GS mark is abused, a fine or up to one year in prison may be imposed according to the penalty provisions of the legislature. References
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