Consumer Protection (Safety Requirements) Regulations

Consumer Protection (Trade Descriptions and Safety Requirements) Act

(Chapter 53, Sections 11 and 32)

Rg 1

G.N. No. S 238/1999

REVISED EDITION 1997

(15th June 1997)

[1st June 1991]

Citation

1. These Regulations may be cited as the Consumer Protection (Safety Requirements) Regulations.

Definitions

2.—(1) In these Regulations, unless the context otherwise requires —

“controlled goods” means any goods of a type, class or description specified in the Schedule;

“Register” means the Register of Approved Controlled Goods kept by the Safety Authority under regulation 15(1);

“Safety Authority” means the Singapore Productivity and Standards Board established under the Singapore Productivity and Standards Board Act (Cap. 303A).

(2) Where an amendment is made to the description in any item of controlled goods in the Schedule and it results in subjecting any additional goods to control or removing any specified goods from control, such goods shall, notwithstanding the effective date specified in the second column of the Schedule corresponding to that item of controlled goods, be subject to control or be removed from control only as at the date the amendment takes effect.

Safety requirement

3. No person shall, in the course of any trade or business, supply or advertise for the purpose of supply any controlled goods after the date specified in the Schedule in relation to such goods unless such goods are of a type, class or description approved by the Safety Authority under regulation 8 and the particulars of which currently appear in the Register.

Dealing with unapproved goods

4. Any person who in the course of any trade or business supplies or advertises for the purpose of supply any controlled goods after the date specified in the Schedule in relation to such goods shall, unless such goods are of a type, class or description approved by the Safety Authority under regulation 8 and the particulars of which currently appear in the Register, be guilty of an offence.

Application for approval of controlled goods

5.—(1) Every application for approval of any type, class or description of controlled goods shall be made in such form as may be determined by the Safety Authority.

(2) An application for approval under paragraph (1) shall be accompanied by an application fee of such amount as determined by the Safety Authority and the fee shall not be refunded notwithstanding that the application may not be granted.

(3) Where controlled goods of any type, class or description have been tested and certified to have complied with internationally recognised safety standards by an independent testing laboratory or any other regulatory authority or a laboratory operated by a manufacturer recognised by the Safety Authority, the applicant shall submit the certificate or a certified true copy thereof together with such technical literature, information or data as the Authority may require to the Authority in support of the application for approval.

(4) The Safety Authority may, in its discretion, waive the requirement of any applicant to comply with any provision in paragraph (3).

(5) Where no certificate is submitted under paragraph (3) or where the Safety Authority is of the opinion that such a certificate or the related literature, information or data is not sufficient for the purposes of approval, the applicant shall deliver to the Authority such samples of the type, class or description of controlled goods and such other relevant or related information including drawings, photographs, pamphlets, data and technical literature, as the Authority may require.

(6) Each sample delivered under paragraph (5) shall have attached or affixed thereto a label bearing the following particulars:

(a)	the full name of the applicant;
(b)	the nature of the article; and
(c)	the catalogue or type number of the manufacturer, or any other means of distinguishing the sample.

(7) Where the sample is of such a size or nature as to preclude a label being attached or affixed thereto, it may be placed in a container to which a label with the particulars referred to in paragraph (6) is attached or affixed.

Testing of goods before approval

6. The Safety Authority may, on payment of such fees as may be prescribed under the Singapore Productivity and Standards Board Act (Cap. 303A), cause one or more samples delivered under regulation 5 to be examined, tested and retested.

Retest on modification

7. Where the Safety Authority considers that a type, class or description of controlled goods examined and tested under regulation 6 is likely to be unsafe, the person applying for approval under regulation 5 shall modify or alter such controlled goods to comply with the requirements of the Authority before submitting any further samples under regulation 5.

Approval of controlled goods

8.—(1) Where the Safety Authority is of the opinion that a type, class or description of controlled goods submitted for approval under regulation 5 is safe for use, the Authority may approve such type, class or description of controlled goods and shall enter the particulars of such goods in the Register.

(2) An approval granted by the Safety Authority under paragraph (1) shall be valid for a period of 3 years.

(3) The Safety Authority may impose as a condition for the approval of any type, class or description of controlled goods that the applicant applies for re-examination and re-testing by the Authority at such time as may be specified by the Authority.

(4) Where on re-examination or re-testing the Safety Authority is of the opinion that the goods are not safe for use, the Authority may cancel the approval in accordance with regulation 12.

(5) Where the applicant fails to apply for re-examination and re-testing in accordance with paragraph (3), the Safety Authority may cancel the approval and delete the entry of the particulars of the controlled goods in the Register.

Renewal of approval

9.—(1) Before the expiry of an initial approval by the Safety Authority, a person may apply for the renewal of the approval given to him and such application shall be made on such form as may be determined by the Authority accompanied by a renewal fee of such amount as determined by the Authority.

(2) In deciding whether to renew an approval, the Safety Authority may consider whether the applicant has contravened any provision of the Act or these Regulations and it may also require such certificate or information relating to the goods in respect of which approval is sought.

(3) An approval renewed by the Safety Authority shall be valid for a further period of 3 years and shall be subject to such additional conditions as may be imposed by the Authority.

(4) The Safety Authority may delete from the Register the entry of the particulars of any controlled goods upon the expiry of the approval given to such goods if the approval has not been renewed in accordance with this regulation.

Special inspection scheme

10.—(1) Any person who wishes to supply or advertise to supply any batch of controlled goods of a type, class or description may, instead of complying with regulation 5, make an application under this regulation for the batch of goods to be approved under the special inspection scheme.

(2) A person shall be eligible to make an application under this scheme if he satisfies the Safety Authority that it would not be economically viable for him, having regard to the class and quantity of the goods expected to be traded in Singapore, to comply with regulation 5.

(3) An application made under paragraph (1) shall be on such form as may be determined by the Safety Authority and shall be accompanied by a fee of such an amount as determined by the Authority.

(4) An application fee paid in accordance with paragraph (3) shall not be refunded notwithstanding that the application may not be granted.

(5) The Safety Authority may, upon allowing an application under this regulation, require —

(a)	the batch of goods to be subject to special testing at the applicant’s premises; and
(b)	the applicant to furnish to the Authority a letter of indemnity in such form as the Authority may require to indemnify the Authority, its members, directors, officers and employees against any loss or damage that may arise if the batch of goods is found to be defective.

(6) Where the Safety Authority is satisfied that a batch of goods is safe for use, it may approve the supply or advertisement of that batch of controlled goods and it may in granting the approval impose such conditions as it thinks fit.

(7) An approval granted under this regulation shall, notwithstanding regulations 3 and 4, authorise any person to supply or advertise for the purpose of supply the approved batch of goods.

(8) There shall be no right of appeal against the decision of the Safety Authority not to allow an application under this regulation.

Modification of approved controlled goods

11.—(1) No person shall, without the approval of the Safety Authority, in the course of any trade or business, alter or modify the design, materials or construction of —

(a)	any controlled goods approved under regulation 8; or
(b)	any batch of controlled goods approved under regulation 10.

(2) An application for approval under this regulation for such alteration or modification shall be made to the Safety Authority —

(a)	where the initial approval was granted under regulation 8, in accordance with regulations 5, 6, 7 and that regulation; and
(b)	where the initial approval was granted under regulation 10, in accordance with that regulation.

(3) Any person who contravenes paragraph (1) shall be guilty of an offence.

(4) Any person who in the course of any trade or business supplies or advertises for the purpose of supply any controlled goods which has been altered or modified in contravention of paragraph (1) shall be guilty of an offence.

Cancellation of approval

12. The Safety Authority may at any time cancel its approval given under regulation 8 or 10 in respect of any type, class or description of controlled goods if such goods are found by the Authority to be unsafe for use upon any examination or test thereof and shall, in the case of an approval given under regulation 8, delete the entry of the particulars of such goods in the Register.

Marking of approved goods

13.—(1) Where controlled goods of a type, class or description or a batch of such controlled goods have been approved by the Safety Authority under regulation 8 or 10, as the case may be, the Authority may require the applicant —

(a)	in the case of an approval given under regulation 8, to mark or cause to be marked the controlled goods of that type, class or description; or
(b)	in the case of an approval given under regulation 10, to mark or cause to be marked the batch of controlled goods,

by printing or affixing the relevant mark determined by the Authority.

(2) Where, in the opinion of the Safety Authority, the controlled goods approved under regulation 8 or 10 are of such a nature as to prevent the goods from being marked in the manner specified in paragraph (1), the Authority may allow all or any of the markings referred to in that paragraph to be affixed on a container in which the article is contained or a label attached thereto or in any other manner as the Authority may think fit.

(3) The Safety Authority may issue directions as to the characteristics and form of the mark referred to in paragraph (1), the particulars to be set out in the mark and the location and manner in which the mark is to be affixed, printed or labelled on any controlled goods, container or label.

(4) No person shall mark, print or label any controlled goods or any container in which the goods are contained or any label attached thereto in the manner specified in paragraph (1) or (2) or pursuant to any directions under paragraph (3) if —

(a)	the controlled goods are not of a type, class or description approved by the Safety Authority under regulation 8;
(b)	the controlled goods are not of the batch approved by the Safety Authority under regulation 10; or
(c)	the goods are not of a type, class or description the particulars of which do not currently appear in the Register.

(5) Where the approval for controlled goods of a type, class or description or for a batch of such goods has been cancelled by the Safety Authority, the applicant who made the application for approval in relation to such goods shall take all necessary steps to remove, eradicate or obliterate the mark referred to in paragraph (1) or (2).

Exemption

14. The Safety Authority may, in its discretion and for such period and on such conditions as it thinks fit, exempt any person or any controlled goods of any type, class or description from all or any of the provisions of these Regulations.

15.—(1) The Safety Authority shall keep a register to be called the “Register of Approved Controlled Goods” in which shall be entered the following particulars in respect of each type, class or description of controlled goods approved by the Authority under regulation 8:

(a)	a description of the controlled goods;
(b)	the date of approval of the controlled goods;
(c)	particulars of any change or modification of the controlled goods approved under regulation 11; and
(d)	such other particulars as the Authority may determine.

(2) The Safety Authority shall, on application and payment of a fee of $5, provide a certified true copy of an extract from the Register.

(3) The Safety Authority shall make available for sale —

(a)	a current copy of the Register incorporating all entries and amendments at least once a year; and
(b)	a supplement containing updates to the Register at least once in every 3 months.

Fees collected to be paid to Safety Authority

16. The fees collected for applications under these Regulations shall be paid to the Safety Authority and may be applied by the Authority in accordance with the provisions of the Singapore Productivity and Standards Board Act (Cap. 303A).

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