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

Group III Hazardous Substances Regulations

6. Provisions relating to a defect and non-compliance with an applicable standard

 

 

1) When it comes to the notice of an approved dealer or when an approved dealer has reason to suspect that a listed electronic product of a licensed model has a defect or fault since it does not comply with an applicable standard or no longer fits the description of such model contained in the report on it submitted in terms of regulation 3(2) or (5), as the case may be, such approved dealer shall immediately--
a) notify the Director-General in accordance with subregulation (2) of the relevant facts or suspicion;
b) if he is of the opinion that such defect or fault can be rectified, submit to the Director-General for approval, together with the notification referred to in paragraph (a), a plan or procedure for such rectification; and
c) if directed by the Director-General to do so, forward a notification, in accordance with subregulation (3), to the purchaser or any other person who, either directly or through reasonable inquiry, can be identified as the present user of such listed electronic product, and furnish the Director-General with a copy of such notification.

 

2) Each notification, referred to in subregulation (1)(a) furnished to the Director-General shall be in writing and shall include the following information:
a) An identification of the listed electronic product concerned;
b) the date on which and the circumstances under which such defect or fault was discovered or first suspected;
c) a description of such defect or fault or the reason why it is suspected that such defect or fault existed or developed;
d) an evaluation of the risk of injury resulting from such defect or fault;
e) the number of units of the product concerned which have been manufactured or imported, the number sold and the number leased; and
f) proposed instructions, if any, for approval by the Director-General, on the use of the product concerned pending the rectification thereof.

 

3) Each notification referred to in subregulation (1)(c) to a purchaser or user shall be in writing and in addition to any other relevant information, if any. that is to be furnished on the instruction of the Director-General shall include the following information:
a) An identification of the product or products concerned;
b) a description of the defect or fault concerned;
c) a clear evaluation in non-technical terms of the risk of injury resulting from such defect or fault; and
d) instructions approved by the Director-General, if any, on the use of the product concerned pending the rectification thereof.

 

4) If the Director-General on the basis of testing, inspection, research or the examination of reports or data is of the opinion that a listed electronic product of a licensed model has a defect or fault since it no longer complies with an applicable standard, he shall notify the approved dealer, in writing, of such defect or fault and shall specify the following in such notification:
a) His findings, with reference to the tests, inspections, studies or reports upon which they are based;
b) the latest date by which such approved dealer, if he so wishes, may make representations in regard to such defect or fault;
c) such approved dealer's responsibilities under regulation 7; and
d) the conditions, if any, on which any person may use, operate or modify or dispose of the product concerned, until such time as the submitted plan or procedure is approved by the Director-General in terms of regulation 8(2) and is effectively carried out.

 

5) Every approved dealer who receives a notification under subregulation (4) shall advise the Director-General, in writing, on or before the date referred to in subregulation (4)(b) of the number of units of the product concerned which have been manufactured or imported, the number sold and the number leased.

 

6) If, after the date referred to in subregulation (4)(b) and after considering the representations, submitted by the approved dealer concerned if any, the Director-General is of the opinion that the product has still not been rectified, he may direct such approved dealer to forward a notification to the purchaser or user referred to in subregulation (1)(c) in the manner laid down in subregulation (3) and within a period determined by the Director-General.