Product safety in Portugal

Producers must:

• provide information on the risks of using the product, to enable consumers to take precautions against those risks
• take measures and inform the competent bodies of the measures taken when they identify a risk involving one of their products, whether withdrawal from the market, a consumer warning or a product recall
• analyse and keep up-to-date records of any claims they receive.

The measures producers can take, referred to in the second point of the preceding list, are for example:

• indicate on the product or its packaging the name and address of the producer and the party responsible for placing the product on the market, the respective instructions for use, the product reference, including the name, model and type, or the batch of products to which it belongs
• carry out testing of products or batches of products sold, and provide information to distributors on the monitoring of such products and the results of such monitoring
• recall the product from consumers, where the other actions have not been sufficient to prevent the risks, where there is an indication from the party responsible for market control, or where the producer deems it necessary.

For further information see Decree Law No 69/2005.

Distributors must:

• safeguard the integrity of products during transport, storage and display, to avoid compromising safety requirements
• not sell products which they know do not meet the safety requirements
• notify the Directorate-General for Consumers (DGC) of any potential risks relating to products
• keep documentation enabling products to be traced back to their origin and which can be provided to the competent authorities on request
• take appropriate action to eliminate consumer risk, whether withdrawal from the market or recall from consumers
• cooperate in any actions taken to avoid risks to consumers.

For further information see Decree Law No 69/2005.

When producer or distributors are aware that a product they have placed on the market poses a risk to the consumer, they must inform the DGC.

The communication to the DGC must contain:

• a precise identification of the product or batch of products in question
• a full description of the risk posed by the product
• complete and relevant information to trace the product
• description of measures adopted to prevent such risks.

For further information see Decree Law No 69/2005.

The RAPEX system allows European Union countries, Norway, Iceland, Lichtenstein and Switzerland and the European Commission to exchange information on dangerous products.

When a country identifies a dangerous product, it notifies the European Commission, which alerts the other countries.

In Portugal, producers or distributors who identify a dangerous product notify the DGC, identifying the measures taken in relation to the products placed on the market. The information received by the DGC is then communicated to the European Commission via the RAPEX system.

The European Commission makes makes all notifications sent by countries available online.

For further information see the Directorate-General for Consumers (DGC) website.

Most types of products are monitored by the Economic and Food Safety Authority (ASAE) in mainland Portugal, the Regional Economic Activity Authority (ARAE) in Madeira and the Regional Economic Activity Inspectorate (IRAE) in the Azores.

Only the following are monitored by other bodies:

• cosmetics, by the National Authority of Medicines and Health Products (INFARMED)
• fireworks and explosives for use by the public, by the Polícia de Segurança Pública [Portuguese Police Force] (PSP)
• radio and electronic communications equipment, by the National Communications Authority (ANACOM)
• vehicles, by the Institute for Mobility and Transport (IMT)
• marine equipment, by the Directorate-General for Natural Resources, Safety and Maritime Services (DGRM)

For further information see the Economic and Food Safety Authority (ASAE) website.

If consumers wish to make a complaint about the safety of a product, they can:

• use the electronic complaints log
• contact the relevant surveillance authority for the product that you wish to complain about.

If, after taking the complaint procedure as far as possible, the consumer feels that the solution adopted is not sufficient or wishes to claim compensation for damage caused by a product, he or she may take legal action.