(1) Products being introduced to the market must have original technical documentation provided by the manufacturer, in accordance with requirements described by special legal regulations. This product must also have proper labelling and markings attached.

(2) Product original technical documentation is a necessary documentation required for the product to be accepted and used, as described by special legal regulations.

(3) For the purpose of this law, product markings and labelling or any other information relevant to the safety of the product, must be attached to the product, as they are used for evaluation of risks that may arise in connection with the use of the product. Further, the product must show additional information, (e.g. the product serial number), which can be used to identify the manufacturer and the product, as described by applicable special legal rules.

(4) If the product complies with safety requirements, but a certain use of the product may somehow endanger the user, the distributor or the manufacturer who introduced such product to the market, is obligated to warn the user about such danger. If the nature of the hazard is not obvious, this warning shall be included in the original documentation. At the same time, persons who are responsible for communicating such risks, must point out parts of the product, which are the sources of the danger and they must also describe procedure, showing the user how to use the product safely. Including this warning in the documentation does not exonerate the manufacturer or the distributor from the responsibility to make sure that the product complies with other safety requirements.

Responsibility of persons to ensure safety of a product that is being introduced to the market
 

(1) The manufacturer may only sell or introduce products to the market that are safe.

(2) The distributor may not distribute products (even products that are already being sold on the market) if he learned from his own experience, or based on additional technical experience or expertise, or if it is safe to assume that such products do not comply with the product safety requirements.

(3) If necessary, the manufacturer is obligated to eliminate the already existing risks, to take samples of products that are being introduced to the market and to perform product safety tests.

(4) The manufacturer is obligated to apply appropriate measures, which enable the manufacturer to receive information relevant to products that he manufactures, even if such products are already circulating the market. Should the manufacturer or distributor find out that a product is not safe, both the distributor and the manufacturer are obligated to notify consumers about it and to recall the product from the market.  It is understood that recalling product from the market is represented by applying certain measures, which prevent the distribution, sale or exposure of the unsafe product.

(5) Further, the distributor and the manufacturer are obligated to make sure that persons who own or possess unsafe product may return it back to the manufacturer or to the distributor at the manufacturer or distributor expense. Should the distributor or the manufacturer fail to comply with this obligation, the inspection authority shall have the right, if such failure can endanger life or cause property damage, to impose applicable penalty or to order destruction of such product, at the expense of the party which failed to remove such product from the market.

(6) If the manufacturer or the distributor already introduced unsafe product to the market and such product is already circulating the market, either of them is obligated to notify the applicable supervisory authority (as described by Rule No. 7, item 1) immediately, after they learned about the problem. The manufacturer and the distributor are obligated to cooperate with supervisory authorities in order to make sure that applicable safety measures eliminating risks in connection with the sale of unsafe products may be applied.

(7) In case of a serious risk, which is a risk that poses an immediate, direct or indirect danger and may seriously jeopardize the safety of the consumer and therefore swift action is required, the notification destined for the authority, as mentioned in paragraph 8 must (at least) contain the following:
a) information enabling to identify the product or the series of products,
b) complete description of risks posed by the applicable product,
c) all information necessary for product tracking,
d) description of accepted measures, which prevent or eliminate consumer risks.

 
(8) The distributor must participate in activities relevant to the product market introduction process but mainly in activities enabling risk information sharing, relevant to the applicable product. Further, the distributor shall offer written information necessary to track the origin of the product and he shall also participate in events held by the manufacturer, supervising bodies or bodies which can apply corrective measures in accordance with Rule No. 6 of this law. Within the scope of its own activities, he must also accept measures, which allow and enable cooperation between all parties.

Supervision  

(1) These supervisory activities help to determine whether unsafe products are being introduced to the market (Rule No. 3, item 1 - 6) and are performed according to the use and the nature of the product, by supervisory bodies authorized to do so by special legal regulations; if the authority of the applicable inspection body may not be determined in this way,  then the applicable Czech Trade Inspection shall perform the inspection (further the "inspection bodies" only).

(2) These inspection bodies are authorized to perform inspections of product properties from the safety point of view. To do so, they are authorized to perform the following:
a) to request information and documentation necessary for the evaluation process of safety standards and to be able to track down the origin of the product, manufactured or sold by the inspected bodies/persons,
b) to take product or product samples from the applicable series of products and perform safety inspections on them,
c) to inspect whether the real properties of the product comply with safety requirements,
d) to evaluate weather product that is about to be introduced to the market, contains warnings describing the possible risks that may occur during the product use,
e) to inform appropriately and in timely manner all persons who may be exposed to these risks during the use of the product,
f) to prohibit the product or series of products from being offered, exposed or sold on the market, during the inspection procedures, if there is a reasonable suspicion that this product may be unsafe,
g) to forbid product or series of products from being sold on the market, if such products had been proven unsafe,
h) to order immediate recall of unsafe product or series of products, which had already been introduced to the market, and if  necessary, to make sure that these products are destroyed in accordance with applicable regulations,
i) to take back unsafe products from consumers, unless the manufacturer or distributor already done so, as described in Rule No. 5, item 7 first sentence.

(3) based on the nature of the applicable case, the procedure described in paragraph 2 may be used against manufacturer or distributor and if necessary against other involved persons.

(4) When procedure described in paragraph 2 letter f) through i) is applied, complains or appeals shall not have deferring effect.

(5) the supervisory bodies shall have the right to accept and apply measures, which eliminate or limit the product introduction process or measures which recall or take back such product, even if such product complies with safety requirements, but there is an evidence proving that the product is unsafe.