Other obligations of producers
7.—(1) Within the limits of his activities, a producer shall provide consumers with the relevant information to enable them—
- (a) to assess the risks inherent in a product throughout the normal or reasonably foreseeable period of its use, where such risks are not immediately obvious without adequate warnings, and
- (b) to take precautions against those risks.
(2) The presence of warnings does not exempt any person from compliance with the other requirements of these Regulations.
(3) Within the limits of his activities, a producer shall adopt measures commensurate with the characteristics of the products which he supplies to enable him to—
- (a) be informed of the risks which the products might pose, and
- (b) take appropriate action including, where necessary to avoid such risks, withdrawal, adequately and effectively warning consumers as to the risks or, as a last resort, recall.
(4) The measures referred to in paragraph (3) include—
- (a) except where it is not reasonable to do so, an indication by means of the product or its packaging of—
- (i) the name and address of the producer, and
- (ii) the product reference or where applicable the batch of products to which it belongs; and
- (b) where and to the extent that it is reasonable to do so—
- (i) sample testing of marketed products,
- (ii) investigating and if necessary keeping a register of complaints concerning the safety of the product, and
- (iii) keeping distributors informed of the results of such monitoring where a product presents a risk or may present a risk.
Obligations of distributors
8.—(1) A distributor shall act with due care in order to help ensure compliance with the applicable safety requirements and in particular he—
- (a) shall not expose or possess for supply or offer or agree to supply, or supply, a product to any person which he knows or should have presumed, on the basis of the information in his possession and as a professional, is a dangerous product; and
- (b) shall, within the limits of his activities, participate in monitoring the safety of a product placed on the market, in particular by—
- (i) passing on information on the risks posed by the product,
- (ii) keeping the documentation necessary for tracing the origin of the product,
- (iii) producing the documentation necessary for tracing the origin of the product, and cooperating in action taken by a producer or an enforcement authority to avoid the risks.
(2) Within the limits of his activities, a distributor shall take measures enabling him to cooperate efficiently in the action referred to in paragraph (1)(b)(iii).
Obligations of producers and distributors
9.—(1) Subject to paragraph (2), where a producer or a distributor knows that a product he has placed on the market or supplied poses risks to the consumer that are incompatible with the general safety requirement, he shall forthwith notify an enforcement authority in writing of that information and—
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