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The production of protective masks – anti Covid 19 (coronavirus) – according to art. 15 D.L. 18/20 – italian law

The production of masks against covid 19 – (virus crown) is not exempt from compliance with consumer protection rules.

  Writing this post is not an easy thing at a delicate time like this but, we believe it is essential to spread as much as possible the knowledge of the legislation launched by the Italian Government on the production of protective masks – anti Covid 19 (coronavirus) – according to the D.L. 18/20.

Although, even with a noble spirit we have noticed that the manufacturers of covid 19 anti masks (coronavirus) are born as mushrooms. Companies that convert from night to morning. We are with you for the noble gesture, in fact, there are those who produce asking only the production costs.

All perfect, but we must not forget what the Italian Government has laid out on this very delicate issue that is also upsetting the international relations of different countries of the European Union.

This is so that consumers are protected and that situations are not unpleasant to say the least.

As always, we remain fully available to economic operators and those who need clarification on the legislation that has been put in place urgently on the production of masks against covid 19 (coronavirus).


 

What does art. 15 D.L. 18/2020

1. also in consideration of the rules under Article 34 of the Decree-Law 2 March 2020, No 9, for the management of the COVID-19 emergency, and until the end of the state of emergency referred to in the council of ministers’ decision on 31 January 2020, it is allowed to produce, import and trade surgical masks and personal protective equipment in derogation from the provisions.

2. Manufacturers and importers of the surgical masks referred to in paragraph 1, and those who put them on the market who wish to take advantage of the waiver provided for, send a self-certification to the National Institute of Health in which, under their sole responsibility, they attest to the technical characteristics of the masks and declare that they comply with all the safety requirements referred to in the current legislation.
– Within no more than 3 days of the aforementioned self-certification, manufacturers and importers must also pass on to the Higher Institute of Health every element useful for the validation of the surgical masks subject to it.
– The National Institute of Health, within 3 days of receiving this paragraph, is a statement about whether the surgical masks are responsive to the current rules.

3. Manufacturers, importers of the individual protection devices referred to in paragraph 1 and those who put them on the market, who wish to take advantage of the waiver provided for, send to INAIL a self-certification in which, under their sole responsibility, they attest to the technical characteristics of the aforementioned devices and declare that they comply with all the safety requirements referred to in the current legislation.
Within no more than 3 days of the aforementioned self-certification, the manufacturers and importers must also pass on to INAIL every element useful for the validation of the individual protection devices subject to it. In the 3-day period after receipt of this paragraph, INAIL is a statement about whether the individual protection devices are compliant with the current rules.

4. If, upon the outcome of the evaluation referred to in The Commissions 2 and 3, the products are found to be non-compliant with the current rules, the application of the self-certification provisions is unjustified, the producer immediately ceases production and the importer is prohibited from marketing.

What do you have to do to not have problems?

We believe that it is essential, and necessary, for the health of all to ensure that masks against covid 19 (coronavirus) are made with materials that are provided for by specific rules.

What allows the (new) legislation essentially is a speeding process for production that is normally subject to greater checks and authorisations.

Unfortunately, this is not the first time that this has been done. In summary, anyone wishing to produce and import masks against the covid 19 (coronavirus) is essential to provide:

  • to send to the National Institute of Health a self-certification in which, under its sole responsibility, they attest to the technical characteristics of the masks and declare that they comply with all the safety requirements referred to at the applicable legislation.
  • to send to INAIL a self-certification in which, under its sole responsibility, they attest to the technical characteristics of the aforementioned devices and declare that they comply with all the security requirements of the current regulations. 

What should consumers consider?

Consumers are advised to pay close attention to the directions provided in order to be able to immediately understand if what they are buying is a valid mask against the covid 19 (coronavirus) or a simple mask that does not have what they hoped for health protections.

ALWAYS check that there is still permission from the National Institute of Health on the packaging or there is the one issued by INAIL.

It’s better not to buy if you are looking for a product with the features provided by law. Otherwise know that you are wearing something that may not protect you and that it may not be, or should not be on the market.

Interesting questions will be published

Do you have a question about the legislation? send it to us

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