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How to store technical documentation and label non-food products

Non-food products to be put into circulation in Ukraine must meet their safety requirements. General requirements are contained in the Law of Ukraine "On General Safety of Non-Food Products". At the same time, more specific requirements apply to certain individual goods, which are set by technical regulations.

In this case, ensuring compliance with a particular technical regulation is mandatory for all manufacturers, importers or distributors of relevant products.

The register of current technical regulations is constantly updated and published on the website of the Ministry of Economic Development, Trade and Agriculture of Ukraine.

Most technical regulations require the application of conformity assessment procedures, ie proof that the requirements relating to the product, process, service, system, person or body have been met (Article 1 of the Law of Ukraine "On technical regulations and conformity assessment").

In addition, in the cases specified in the technical regulations which provide for the application of conformity assessment procedures, the manufacturer or his authorized representative must draw up a declaration of conformity.

One declaration for several technical regulations

According to Part 4 of Art. 28 of the Law of Ukraine "On technical regulations and conformity assessment" if a certain type of product is subject to several technical regulations that require a declaration of conformity, a single declaration of conformity must be drawn up for all such technical regulations, if provided by the relevant technical regulations. Such a declaration of conformity must indicate the relevant technical regulations, including information on their official publication (note the official publication in the Official Gazette of Ukraine, namely the year of issue of the bulletin, the issue number and the page on which the technical regulations).

That is, to obtain such a declaration, first of all the product must pass the evaluation procedure of all technical regulations, and only then - the manufacturer must make a declaration of conformity of such products.

Technical documentation

Also, technical regulations, which provide for the application of conformity assessment procedures, usually contain requirements for the preparation, storage and submission to the state market surveillance authorities of a declaration of conformity and technical documentation necessary for conformity assessment of products.

For example, according to items 21 and 22 of the Technical regulations of detergents the manufacturer or his authorized representative keeps a set of technical documentation for five years after the manufacture of the last batch of detergent and provides it for inspection in cases prescribed by law. If the manufacturer is not a resident of Ukraine and there is no authorized representative, the set of technical documentation is kept by the person responsible for putting the detergent into circulation.

Instead, Technical regulations for the safety of toys Manufacturers shall keep the technical documentation and the declaration of conformity for 10 years after the toy has been put into circulation, and importers shall keep a copy of the declaration of conformity for the same period at the request of the State Market Surveillance Authority. request for access to technical documentation.

As you can see, each technical regulation provides for independent deadlines for storage of technical documentation, at the same time without establishing the place and conditions of storage of such documentation. It is obvious that the legislator decided to leave the question of the place and conditions of storage of technical documentation at the discretion of the person responsible for such storage.

It should be noted that the legislation of Ukraine provides for liability for failure to provide or incomplete technical documentation. Therefore, according to the Law of Ukraine “On State Market Supervision and Control of Non-Food Products”, an economic entity must take measures to eliminate formal non-conformity of products (including non-provision or incomplete technical documentation) within the period of market surveillance.

If the non-compliance of products with the established requirements is not eliminated or partially eliminated, the market surveillance authority shall accordingly take the following restrictive (corrective) measures: restrictions, prohibition of products on the market, withdrawal of products from circulation, recall of products (paragraph 4 of Article 29 of the Law of Ukraine «About the state market supervision and control of non-food products »).

Therefore, although the place of storage of technical documentation is not established, it is important that it is stored in an accessible place not far from the place of business so that the company can present it to the controllers if necessary.

Product labeling

Along with technical regulations that establish special requirements for products, including its labeling, Law of Ukraine "On Consumer Protection", which sets requirements for labeling products sold to consumers.

However, if the technical regulations establish special requirements for the content (labeling) of information on certain types of products, the provisions of this Law shall apply to the extent not covered by such special requirements.

Therefore, according to Article 15 of this Law, information on products must contain:

1) the name of the goods, the name or reproduction of the mark for the goods and services for which they are sold;

2) data on the main properties of the product, nominal quantity (weight, volume, etc.), conditions of use;

3) information on the content of substances harmful to health, which are established by regulations, and warnings on the use of certain products, if such warnings are established by regulations;

4) a mark on the presence of genetically modified organisms in the product;

5) data on the price (tariff), conditions and rules of purchase of products;

6) date of manufacture;

7) information on storage conditions;

8) warranty obligations of the manufacturer (performer);

9) rules and conditions of efficient and safe use of products;

10) shelf life (service life) of the goods (consequences of work), information on the necessary actions of the consumer after their expiration, as well as on the possible consequences in case of non-performance of these actions;

11) the name and location of the manufacturer (performer, seller) and the enterprise that performs its functions of accepting claims from the consumer, as well as repairs and maintenance.

so, before producing, importing or distributing products, it is necessary, firstly, to find out whether such products are subject to the requirements of the relevant technical regulations, secondly, to analyze such requirements and ensure that the products meet them and thirdly, to read the general legislation Ukraine, which may set additional requirements for products.


Lawyer of the law firm BARGEN
Ksenia Zakharova
article published in the journal "Quality Management",

issue №2 (26) February 2020

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