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Hazardous Substances Act, 1973 (Act No. 15 of 1973)

Group III Hazardous Substances Regulations

3. Application for a licence

 

 

1) Application for a licence shall be made by a dealer to the Director-General in writing.

 

2) A dealer referred to in subregulation (1) shall, together with such application, submit to the Director-General for approval a report on the model for which a licence is required.

 

3) Such report shall be clearly marked "Initial Report on a Listed Electronic Product for Licensing Purposes" and shall contain the full name under which the dealer carries on his business, as well as his postal address, and shall, in respect of each model--
a) specify, for identification purposes, the date and place of manufacture, the brand name, the model name and the serial number;
i) describe the following, namely--
ii) the electronic product radiation. the operating characteristics affecting such radiation and the known or intended uses of the product concerned;
iii) the physical and electrical characteristics, with special reference to shielding and electronic circuitry, so far as the said characteristics have a bearing on the standards or design specifications referred to in paragraph (c);
iv) the methods and procedures, if any, employed in the testing and measuring of the model in regard to electronic product safety, including the methods and procedures for the testing and measuring of unnecessary. secondary or leakage electronic product radiation, and the basis for selecting the said methods and procedures; and
v) the methods and procedures by which and the frequency with which listed electronic products liable to produce an increased risk of injury with ageing are tested for durability and stability in regard to electronic product safety: Provided that such description shall also include a specification of the basis for selecting such methods and procedures or, where no such testing or quality control procedures are applied. the basis on which such testing and quality control procedures are deemed unnecessary;
c) state the standards or design specifications, if any, with respect to electronic product safety; and
d) furnish the particulars of all warning signs, labels and instructions for installation, operation and use in respect of electronic product safety.

 

4) After such report has been approved and a licence issued by the Director-General, the particulars referred to in subregulation 3(a), the licence number pertaining to the model concerned and any other identification particulars required by the Director-General shall as an identification be affixed to or inscribed on each listed electronic product of the licensed model: Provided that, in the case of such a product which cannot be identified in the said manner, the Director-General may approve any other method by which such product can be identified.

 

5)
a) Prior to the marketing of a modified model of a licensed listed electronic product, the approved dealer concerned shall submit to the Director-General for approval a supplementary report on the modified model clearly marked "Supplementary Report on _________ (model) ________ " and stipulating the changes in the information submitted in the initial report.
b) No person shall sell or lease a listed electronic product belonging to a modified model, unless the modification concerned has been approved by the Director-General on the basis of such supplementary report.

 

 

6)
a) The Director-General shall, after considering the report referred to in subregulation (2) or (5), as the case may be, and after having satisfied himself that the listed electronic product concerned or the modified model thereof will, to the best of his knowledge and belief, entail no risk of injury to any person approve such product or model, as the case may be, and issue a written notice of such approval to the dealer.
b) The Director-General may, in considering a report referred to in paragraph (a), require the following:
i) Oral or written substantiation by the dealer concerned;
ii) an on-the-spot inspection or examination by an inspector of the listed electronic product concerned;
iii) the delivery for evaluation purposes of such product to an address specified by him; or
iv) the provision, by the dealer concerned, of any other information which he may deem necessary.

 

7) If a listed electronic product or a modified model thereof is not approved on the basis of a report referred to in subregulation (2) or (5), the Director-General shall in writing notify the dealer concerned accordingly stating--
a) his reason(s) for such non-approval; and
b) the latest date by which such dealer may make further representations.