The Senate at its August 7 session passed the Market Surveillance bill. The bill establishes unified rules for monitoring the safety of non-food products once they reach the market, defines the liability of manufacturers, importers and sellers, and sets out procedures for seizing or recalling dangerous goods.
Senator Erkin Gadoev said the current system of technical regulation has not been able to fully cover all non-food products or adequately assess their safety. Under the existing approach, he noted, regulators focus on inspecting businesses rather than examining the products themselves — inspectors show up to audit a company, rather than checking what's actually on the shelf.
The bill's central innovation is the adoption of the international "market surveillance" model, marking a shift from a pre-market approach — checks conducted before a product reaches the market — to a post-market one, in which products already for sale are monitored on an ongoing basis.
The bill's author stressed that introducing market surveillance does not mean piling more oversight onto businesses. Instead, the bill is meant to clearly divide responsibilities among government agencies, specifying which body oversees which category of goods, in order to prevent duplicate inspections and unwarranted interference in business operations.
As discussed during deliberations in the Legislative Chamber in April, the new system will place scrutiny on products themselves rather than on business owners. State oversight will apply exclusively to non-food goods. The bill does not cover:
- works and services;
- food products, animal feed and feed additives;
- live animals and plants, and products derived from them;
- alcohol, alcoholic beverages and tobacco products;
- medicines and veterinary drugs;
- narcotic drugs, psychotropic substances, their analogs and precursors;
- nuclear materials and other fissile materials used in the nuclear energy sector;
- military goods;
- antiques;
- works of applied and fine art, as well as handicrafts;
- products that require repair or restoration before use.
Liability extends beyond retailers
One of the bill's key innovations is the introduction of the concept of an "economic operator" into legislation — a category covering manufacturers, importers and sellers alike.
As a result, if an unsafe or non-compliant product is found on the market, liability will not be limited to the store where it was sold. It can also extend to the importer that brought the product into Uzbekistan, or to its manufacturer.
Billmakers said this approach is designed to establish accountability across the entire supply chain — from production or import through to sale to the end consumer.
Market surveillance itself is defined as a set of measures carried out after a product enters circulation to ensure its safety and prevent harm to human life and health, to the interests of individuals, businesses, the state and the environment.
Oversight will be based on risk assessment rather than blanket inspections and penalties for business owners, the senator said.
Market surveillance authorities will be able to conduct test purchases, examinations and product testing, visit sites to investigate the causes of identified non-compliance, carry out monitoring, and apply measures against products that fail to meet mandatory requirements.
If a product poses a serious risk or fails to meet established requirements, its release into circulation can be suspended. The bill also provides for product recalls, removal from the market, or restrictions on further use and sale.
Customs to gain power to halt suspicious goods
The bill separately spells out the role of customs authorities.
If customs checks and risk-management screening produce sufficient grounds to suspect that a product fails to meet mandatory requirements, customs will be able to suspend its release into free circulation.
The relevant market surveillance authority must then examine the product within three business days. If necessary, its specialists may travel to the site, collect samples, and send them for testing or examination.
If violations are confirmed, the restrictions set out in the bill can then be applied to the product.
Unified information system is coming
The bill also provides for the creation of a National Market Surveillance Information System.
Officials said the system is intended to collect data on inspections carried out, violations identified, decisions issued and the outcomes of any appeals. A draft government resolution to launch the system has already been prepared.
Discussions also touched on plans to create an electronic database of dangerous products, modeled on rapid-alert systems used abroad. It is meant to let both government agencies and consumers check whether a product has been deemed dangerous or pulled from the market.
Market surveillance mechanisms will also apply to goods sold remotely, including through e-commerce.
Who pays for a recall
Senators also clarified how consumers would be compensated if a product is recalled.
The deputy chairman of the Committee for Competition Development and Consumer Rights Protection said existing consumer protection bill already requires manufacturers to fully compensate damages linked to a product recall. If specific consumers cannot be identified, the handling of any remaining funds will be governed by existing legal norms.
One of the arguments made in favor of the new bill ties back to Uzbekistan's bid to join the World Trade Organization. Officials said a modern market surveillance system is necessary to remove technical barriers to trade and improve the competitiveness of domestic products.
The new rules are also expected to protect bill-abiding manufacturers and importers from competitors selling counterfeit or substandard goods.
At a meeting with the president in February, officials noted that the current practice of inspecting entire enterprises when assessing products has frustrated the business community — when violations are found, inspectors often halt operations at an entire plant rather than targeting the specific batch of goods involved. In developed countries, market oversight instead relies on risk-based analysis, with manufacturers self-declaring compliance with standards and bearing full responsibility for the quality and safety of their products.
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