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New Swiss Law on Product Safety

May 2010 - Corporate & Commercial. Legal Developments by Walder Wyss Ltd.

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The Swiss law on product safety (Produktesicherheitsgesetz, PrSG) is currently scheduled to enter into force on July 1, 2010. This new law aligns Swiss product safety requirements with EU law. It applies not only to manufacturers, but to anyone who commercially or professionally markets products in Switzerland, and it introduces substantial new obligations before and after the sale of a product.

Background

The PrSG completely replaces the existing Federal Law on the Security of Technical Installations and Devices (STEG). In contrast to the STEG, which only covers specific types of products (tools, machines, etc.), the PrSG is wider in scope and basically applies to all ready-to-use, movable products (even if the movable product is part of an immovable object, e.g., part of a house). It contains obligations before and after the sale for anyone who commercially or professionally markets products in Switzerland, i.e. manufacturers, importers, wholesalers and retailers, as well as service providers if they use products in providing their services (e.g., craftsmen, mechanics, etc.) or offer products for third party use (e.g., car rental agencies or the operators of a gym). The PrSG even applies to advertisements for any product covered by the PrSG.

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