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Legal Alerts
09/06/2022

Turkey increases manufacturer compliance requirements for children’s products

Legal Alerts
International Commercial and Trade
General

Recent development

The Turkish Ministry of Customs and Trade recently published on its website a draft communiqué on Compliance with the Standards for Some Products.

Products such as pacifiers (dummies), baby bottles, toothbrushes, bicycles for toddlers, city and touring bicycles, fixed and folding cots, folding chairs and tables, louver and roller blinds, buoyant aids and lighters will be subject to inspection under the standards set by the Turkish Standards Institute, which correspond to European Union standards.

It is not yet clear when this draft Communiqué will enter into force.

What’s new?

The draft communiqué increases the obligations of manufacturers to provide testing results, increases government inspection, and increases fines for non-compliance. Specifically:

• At Ministry request, manufacturers will be obligated to submit test reports from laboratories with international accreditation or Ministry authorization, as well as all information and documentation showing the product complies with the basic requirements. Manufacturers may also be required to submit notarized copies of Turkish translations.

• Products subject to the communiqué will be inspected by the Ministry in accordance with the Regulation on Market Surveillance and Inspection.

• Noncompliance will be subject to fines from TRY 2,000 to 5,000 (USD 680 to 1700).

• The communiqué will apply to products manufactured after its effective date, but the manufacturer has the burden of proof to show that a product was manufactured before that date.

• Two regulations will be repealed upon the communiqué’s entering into force:

o Communiqué on the Production, Importation, Notification Standards, and Market Surveillance and Inspection of Pacifiers, Baby Bottles, Baby Bottle Nipples, Sippy Cups, Sippy Cup Nipples, and Similar Products; and

o Communiqué on the Production, Importation, Notification Standards, and Market Surveillance and Inspection of Handheld Toothbrushes Used For Oral Cleaning, Head of Power/Battery Operated Toothbrushes, and Interdental Brushes.

Conclusion

The Ministry has continued to demonstrate its commitment to harmonizing its regulations with EU standards. Firms should be aware how these changes in fines may affect their operations in Turkey, and take steps to ensure compliance with the communiqué.