General product safety

According to the Consumer Code, products that are to be marketed must be safe.

The Consumer Code was approved by Legislative Decree 206/2005, which implemented Directive 2001/95/EC on general product safety. The provisions of the Code apply to all products, except for:

food products, which are subject to specific provisions;
products whose safety requirements are already regulated by special EU rules, such as toys, low-voltage electrical equipment, and personal protective equipment.

In general, the products or risks covered by the so-called "new approach" Directives are governed by special rules, whereas articles 102-113 of the Consumer Code apply only to safety matters not covered by such Directives.

Presumption of product safety

A product is presumed to be safe if it complies with:

the laws concerning health and safety of the Member State where the product is marketed;
the voluntary national rules implementing European rules, when their references have been published in the Official Journal of the European Union.

In the absence of the aforesaid rules, product safety is assessed on the basis of:

the voluntary national rules implementing relevant EU rules;
the rules in force in the Member State where products are marketed;
the EU Commission’s recommendations setting guidelines on product safety assessment;
codes of good practice on product safety;
the state of art and technology;
reasonable consumer expectations concerning safety.

The manufacturer is held responsible for the safety of the products which he/she has marketed.

Producer

A producer is defined as:

the manufacturer of a product, when he/she is established in the EU;
any other person who introduces themselves as the manufacturer by affixing its name, trademark or another distinctive mark to a product;
the person who renews a product;
the manufacturer's representative, when the manufacturer is not established in the EU;
the importer of a product;
other professionals of the supply chain, insofar as their activities may affect the product safety.

Producers’ obligations

Producers must:

give consumers the relevant information in Italian to assess the risks inherent in a product, with regards to the normal or reasonably expected period of use, when such risks are not immediately perceivable without adequate warnings;
show their identification details;
show the product reference or, when possible, the batch which the product belongs to;
carry out sample testing of the marketed products, scrutinize complaints and, where appropriate, keep a register of complaints, giving distributors information on such monitoring;
withdraw or recall products either voluntarily or at the request of competent authorities, and inform consumers of the relevant potential risks;
inform competent authorities immediately, when they get or ought to know that a marketed product is risky for consumers, being such risks incompatible with general safety requirements; they must also specify what actions they have undertaken to prevent the risks;
on request, collaborate with the competent authorities with regard to the actions undertaken to prevent the aforesaid risks.

Distributor

A distributor is defined as a market chain professional, whose activity does not affect the safety properties of a product.

Distributors’ obligations

Distributors must:

act with due care to ensure compliance with the relevant safety requirements;
supply products displaying information, to the benefit of consumers and users, that are written in Italian;
avoid supplying products when they get or ought to know that such products are risky for consumers, on the basis of the information at their disposal;
inform competent authorities immediately, when they get or ought to know that a marketed product is risky for consumers, being such risks incompatible with general safety requirements; they must also specify what actions they have undertaken to prevent the risks;
on request, collaborate with the competent authorities with regard to the actions undertaken to prevent the aforesaid risks;
when distributors have taken part in monitoring the safety of the marketed products, they must:
- pass on the information on product risks to producers and competent authorities, to help them take the appropriate countermeasures;
- keep and provide the documentation necessary to track down the products’ origin for 10 years, starting from the date of sale to the consumer.

Last updated: 09/12/2024