Presentation on Product Recall and Consumer Protection Policy in

Suriname International Seminar on Market Recall Practices for Defective

Products: Toys and Children’s Products

Lima Peru, November 2013

Location: Northeastern coast of

South America,

2°-­­6° Northern latitude and

54°-­­58° Western longitude.

Inhabitants: 532,000

Land surface: 164,000 km2

Population growth : 1%/ year ­ 2,500mm

Main economic activities in the coastal area: agriculture, petroleum production, small industries,

In the interior timber production and aluminum and goldmining

Ministry of Trade and Industry in Suriname

Logo Consumer Affairs Department

Consumer Affairs

Consmentenbescherming en

begeleiding Unit

Coordinator Consumer

protection & guidance Unit

Head

consumer agent

Consumer protection

agent I

(2 positions)

Consumer protectionagent

II

(6 positions)

Public Relation en

AwarenessUnit

Coordinator Public Relation

en AwarenessUnit

Awareness employee

(2 positions)

Research and Project

management Unit

Coordinator Research and

Project management Unit

Project analyst

(2 positions)

Research officer

2 officers

Statistician

(2 positions)

LegalUnit

Coordinator LegalUnit

Legal employee

Legal employee

assistant Administrations Unit

Documentation Administration

(2 posities)

Coordinator ICT Unit

ICT Unit

Main laws in place Policy-making Authorities Enforcement Authorities

Burgerlijk Wetboek

(Civil Code), 1868

Art. 1525 to 1533

(Warranty obligations)

Art.1401j to1401l

(Misleading

advertising)

Art.1401a to 1401i

(Product liability)

Standaardenwet,

(Standardization Act),

2004

Surinaams Bureau of

Standards Act, 2006

Ministry of Justice and Police

Surinaams Bureau for

Standaarden (SBS)

Special police officers

Standards officers*

*not designated yet.

Main laws and regulations in place

Main laws in place Policy-making Authorities Enforcement Authorities

Voedingsmiddelenwet, (Food

Act), 1911

Decreet Ijkwezen, 1983

(Meetmiddelen – Weights and

Measures)

Wet economische delicten, 1986

(Economic Offenses Act)

Gewijzigd bij 2003.

Wet Etikettering (Labeling Act)

(Prices and Margins Controls

decree), 1980

Ministry of Health

Ministry of Agriculture

Calibration Unit,

Department of Market

Control, Ministry of Trade and

Industry

Economic Control Unit,

Department of Market

Control, Ministry of Trade and

Industry

Economic Control Unit,

Department of Market

Control, and Business permits

unit, Department of Industry,

Ministry of Trade and Industry

Economic Control Unit,

Department of Market

Control, and Business permits

unit, Department of Industry,

Ministry of Trade and Industry

Health officers

Agriculture officers

Market control officers

Market control officers

Market control officers

Trade officers

Market control officers

Main laws and regulations in place

Institutions/government agencies that are directly responsible for the surveillance and safety products?

Legal and institutional framework for the surveillance products

Institution Role/function

• The Bureau of Public Health is responsible for the surveillance of dangerous food products.

Institution with ministry of Health that has the authorization to look over and guarantee the safety and health of citizens when it comes to food Products

• The Ministry of Trade and Industry in the form of the Consumer affairs department in collaboration with the Economic control Unit that consists of Special Police officers.

The ministry does not have a policy regarding safety of toys and children’s products. In our draft consumer protection law there are some regulations regarding product safety.

With regards to legal and regulatory support to work on the surveillance and safety of toys and children's products:

Specifically Suriname does not yet have a Law or standards in place when it regards children toys or Products. These efforts or just now starting.

ALTHOUGH: when products are identified these products will be recalled by the government or the importers.

We are aware that there are ISO Standards that fit in the context of recalls and safety on products.

Legal and Regulatory support that allow mandate to institutions

The Bureau of Standards has the Legal mandate to implement a surveillance system, and further more test products on their conformity when it comes down to certain product specifications.

As a result of International collaboration Consumer affairs department is creating a policy framework on recalls and product safety in collaboration with bureau of Standards. This will be a policy document on steps and measurements to be taken in detection and procedures in recalls.

Legal and Regulatory support that allow mandate to institutions cont’d

We have a website, and recently there is option for consumers to report safety related incidents through Carrex (Caricom).

This option will be implemented in the new website of the Ministry. Consumers can report safety and health related incidents at the hotline of the complaint department.

Intervention possibilities for Alerts

Intervention Type Institution

Voluntary recalls Min. TI

Compulsory recalls Ministry of Trade and Industry , Ministry

of Health

Refunds or exchanges The producer of Importers and

distributors

Financial penalties Public Prosecutors Office, Economic

Control Unit

Compensations /damage’s repair The producer of Importers and

distributors

Type and scope of interventions

Rapid alert database: Rapex, Carrex or CSHN

with warning about product

The Ministry receives notifications from national or international organisations that a certain good is dangerous.

The Importer, distributor or Producer of those dangerous goods places adds in the local newspaper that the dangerous goods are going to be recollected;

The ministry of Health;

The Ministry of Agriculture, Livestock and Fishery;

Sources of Alerts to the Ministry

The importer is the one who places a notice in the news papers that a certain product is unsafe and needs to be recalled.

The min. of TI sometimes gets a notice from the importer, but not always. We get the information from the Bureau of Public Health, media and the internet.

The Min. of TI gives instructions to the Economic Control Unit and the Consumer Affairs Department to investigate the case. Sometimes in collaboration with ministry of Health.

After the investigation the importer makes an inventory and informs the min. of TI about this.

Intervention procedures

There are 2 working procedures: 1. the products that are at the port get confiscated by the port authorities and destroyed. 2. Regarding products that have been recalled and that were in storage: The destruction happens under surveillance of the min. of TI. The min. of TI makes a report and films the destruction.

The minister and permanent secretary of the min. of TI get a notice about the above mentioned.

After the recall and destruction the min. of TI inspects if all products have been removed.

Intervention procedures

Because there is no Law, or standard yet, product recalls have been done in adhoc cases.

Past Experiences with Product recalls

Top 5 of most experience recalls in Suriname

1 food products : Peter Pan peanut butter, corned beef, wicky juice, milk products from China, Nesquik powder

2 children's toys

3 Products for baby's: : teething rings, pacifiers.

4 Children's school supplies like pencils.

5 Over the counter Medicine’s: cough syrup, diet products like hydroxycut.

Main laws under preparation Main laws under

preparation

Policy-making Authorities Enforcement Authorities

Consumer Protection Act

Electronic Transactions Act

(possibly under

consideration –

unconfirmed)

Bill on Cybercrime

(pending)

Bill on Product Safety

And product Liability

Metrology Bill

Ministry of Trade and Industry

Possibly under Ministry of

Justice and Police ?

Note this information is

unverified

Ministry of Trade

Ministry of trade

Economic Control Unit, Department

of Market Control, Ministry of

Trade and industry

Consumer authority

Unknown

Product Safety Commision

Bureau of Standards

Department in the Ministry of Trade and Industry has been intensively working on finishing the consumer protection bill.

The aim is to have the approval of the parlement for the competition Bill and consumer protection bill in 2013.

Plans are there to create an official MOU between the consumer protection department of the ministry and the ministry of Health, bureau of Standards, the Customs and the NGO’s on consumer protection.

International: create an official MOU between the consumer protection department of the ministry and the Netherlands Consumer and Competition authority, and FTC

Personal thoughts on Future

There should be a publication of the recall and destruction of the products by the min. of TI in the media.

This recall should be reported to the international organizations and Rapid Alert systems if they are not on this data base yet.

Most recalls have been on food products of which a part of the production has been contaminated. Some of these products come from well-known Producers.

The ministry has just become a member of (Consumers International and ICPEN). And has been making changes in policy as a result of the Network with in the OAS and its partners in consumer and Product safety in the region.

Not implemented yet:

Suriname daily tries to comply to the issues at hand in regard to the consumer protection. For market surveillance issues a product safety and liability bill will be created and a commission with the authority. Till then the consumer affairs department will collaborate with the standards bureau they will be having inspections, create certification and mandatory standards with regard to safety and hazardous products. Together with the Customs department

It seems that there is still a limited vision in what consumer protection means and its importance.

The OAS has meant a lot to the Consumer Protection for Suriname and Caricom these past 3 years.

Future and Now

It was a new insight into the fact that it was a specialization of the topic itself. It is broad and need time and specialization.

A website will be created with help of FTC and ACM for product safety and consumer protection and complaints. The consumer protection website will concentrate on consumer awareness and education.

A Database is in creation for consumer complaints which will be linked with a database for unsafe products and recalls. This will be connected to a mobile app that will create possibilities for alert and complaints from consumers.

Future and now

Example of Intervention

On Grounds of Ethical nature and protection towards teenagers measures were taken to stop import of this product. On grounds of the name and the fact that teenagers were starting a trend in overusing this product

Awarness on how to complaint and what to look for

Example on Awareness

Projects with school secondary and highschool Awarness projects and launches

Example on Awareness cont’d

THANK YOU

GRACIAS…