- CMM - Protecting the Consumer and the Enviroment
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- CMM - Protecting the Consumer and the Enviroment
The products and services that are regulated by CMM by means of technical regulations, fall within the scope of the following industry sectors:
In order to fulfil the abovementioned purpose CMM uses the Technical Regulation Best Practice Model for the implementation and administration of technical regulations. Below is a diagram of this model.

The Technical Regulation Best Practice Model was developed to comply with World Trade Organization/Technical Barriers to Trade (WTO/TBT) requirements; e.g. to protect the consumer through technical regulations without creating a technical barrier to trade.
 
Technical regulations

A technical regulation is a specification or a provision of a specification that has been declared compulsory by means of a notice in the Government Gazette in terms of Section 13 of the National Regulator for Compulsory Specifications Act, 2008 (Act No. 5 of 2008) by the Minister of Trade & Industry.

In accordance with the definitions in Section 1 and the requirements of Section 14 of Act No. 5 of 2008, no person may import, display, offer, advertise or export for or in pursuance of a sale, have in possession for the purpose of sale, trade, manufacture or export, or supply a commodity, product or service to which a compulsory specification appliers, unless such a commodity, product or service complies with the compulsory specification concerned.

The technical regulations that are administered by CMM and a short description of the commodities covered by each technical regulation are given below:
 
Personal protective equipment
 
Compulsory Specification for personal flotation devices (herein referred to as VC8032:2009) as published by Government Notice No. R. 91 (Government Gazette No. 31844) of 6 February 2009.
 
Lifejackets & buoyancy aids

Compulsory Specification for Breathing Apparatus (herein referred to as VC8073:2003) as published by Government Notice No. R. 370 (Government Gazette No. 25040) of 20 March 2003.

Respiratory protective devices, which enable the wearer to breathe independently of the ambient atmosphere.

Compulsory Specification for Respirators (herein referred to as VC8072:2003) as published by Government Notice No. R. 369 (Government Gazette No. 25040) of 20 March 2003.

Respiratory protective devices in which air passes through filter(s) before being inhaled.

Firearms & associated industries

Compulsory Specification for firearms for civil use (herein referred to as VC8028:1976) as published by Government Notice 1624 (Government Gazette 5278) of 3 September 1976, and amended by Government Notice No. 1785 (Government Gazette No. 10866) of 21 August 1987, Government Notice No. 135 of 23 January 1981, Government Notice No. 518 of 16 March 1979 and Government Notice No. 2469 of 2 December 1977.

Small arms: Revolvers, pistols, rifles and shotguns.

Compulsory Specification for small arms shooting ranges (herein referred to as VC9088:2004) as published by Government Notice No. R. 643 (Government Gazette No. 26375) of 28 May 2004.

Indoor and outdoor shooting ranges.

Flame-producing devices

Compulsory Specification for the safety of lighters (herein referred to as VC8076:2002), published by Government Notice No. R. 1279 (Government Gazette No. 23928) of 18 October 2002.

Flame producing lighters for igniting cigarettes, cigars and pipes.

Compulsory Specification for non-pressure paraffin stoves and heaters (herein referred to as VC9089:2006) as published by Government Notice No. R. 1091 (Government Gazette No. 29338) of 1 November 2006.

Environmental Protection

Compulsory Specification for coal-burning stoves and heaters for use in a dwelling as published by Government Notice No. 2188 (Government Gazette No. 8415) of 15 October 1982, and amended by Government Notice No. 1784 of 21 August 1987 (VC8034:1982).

Coal-burning stoves and heaters for use in a dwelling.

Compulsory Specification for plastic carrier bags and flat bags (herein referred to as VC8087:2003) as published by Government Notice No. R. 867 (Government Gazette No. 25082) of 20 June 2003.

Carrier bags and flat bags made from thermoplastic materials.

Health related products

Compulsory Specification for disinfectants and detergent-disinfectants (herein referred to as VC8054:1999) as published by Government Notice No. R. 529 (Government Gazette No. 19999) of 14 May 1999.

Disinfectant and detergent-disinfectant formulations that make a bactericidal, fungicidal or virucidal efficacy claim.

Compulsory Specification for microbiological safety cabinets (Classes I, II and III) (herein referred to as VC8041:2001) as published by Government Notice No. R. 93 (Government Gazette No. 22014) of 2 February 2001.

Microbiological safety cabinets.

Construction Materials

Compulsory Specification for cement (herein referred to as VC9085:2007) as published by Government Notice No. R. 544 (Government Gazette No. 30023) of 6 July 2007.

All types of common cement and masonry cement.

Legislation

Legislation is the mechanism through which Government may implement its policy with regard to safety, health, environmental control and consumer protection as it relates to the supplyof commodities in the market place.

The regulatory functions of the Department are covered by the followinglegislation:
  • National Regulator for Compulsory Specifications Act, 2008 (Act No. 5 of 2008)
  • Mine Health and Safety Act, 1996 (Act No. 29 of 1996)
  • Occupational Health and Safety Act, 1993 (Act No. 85 of 1993)

Product characteristics

Standards

The standard is the part of the technical regulation that defines the product safety characteristics with which a commodity must comply. A SABS Standards Technical Committee or Sub-Committee does the development of a new or the revision of an existing South African National Standard.

Administrative procedures

Regulator

The NRCS was established in terms of Act No. 5 of 2008 for the administration and maintenance of compulsory specifications and the implementation of a regulatory and compliance system for compulsory specifications.

CMM is a department within the organizational structure of the NRCS.

The legal liability of the Department is assumed in terms of Section 33 of Act No. 5 of 2008.

Conformity assessments

The conformity assessment process provides evidence to the Regulator indicating compliance with a technical regulation.

The conformance assessment function consists of mainly two parts, namely approvals and surveillance inspections.

Approvals

Before an importer or manufacturer is allowed to import, sell or supply a commodity, product or service in South Africa to which a VC applies, he must get the necessary authority from the NRCS to do so. The NRCS will give an importer or manufacturer the necessary written authority by means of a letter of authority, product registration certificate, homologation certificate or approval certificate only after such an importer or manufacturer has proofed to the NRCS that the commodity, product or service meets the minimum health, safety or environmental requirements as set out in an appropriate compulsory specification; this is called upfront proof of compliance.

Surveillance inspections

Surveillance inspections is a function performed by the NRCS whereby its inspectors go out into the market and inspect the product at the point of import, sale or supply in order to ensure that nobody is importing, selling or supplying commodities, products or services that are a thread to the health and safety of the public or the protection of the environment. The NRCS inspectors inspect manufacturers, importers, distributors (e.g. wholesalers), retailers and suppliers. During such inspections at manufacturers, importers, retail outlets and suppliers, samples are taken and forwarded to testing laboratories to determine continual compliance with the compulsory specifications.

Sanctions

The sanctions process is the mechanism used by the Regulator to prevent the availability to the consumer of commodities that do not meet the requirements of the technical regulations.

The following recourses are available to the Department:

  • Administrative sanctions by means of a warning or a directive directing an importer, seller or supplier not to import, sell or supply a non-complying commodity or product. In this case the supplier without the Regulator having to resort to legal action, will resolve the non-conformance.
  • Should the supplier not deal with the non-conforming commodity or product in the correct way, the Regulator may resort to the courts to deal with the issue.
  • Recall, seizure or destruction of non-complying commodities and products (written permission must be obtained from the NRCS Board).
  • Press releases to warn the public of non-conforming commodities, products and services (permission must be obtained from the CEO of the NRCS).
This page was last updated on 13/05/2009.
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