Backlash Against
NRCS Regulations on
Battery-Operated Lanterns
and Flashlights in South Africa.
Battery-operated lanterns and flashlights under fire, sparking industry backlash.
South Africa’s ongoing electricity supply problems and load shedding have led consumers to look for dependable backup lighting solutions. Rechargeable battery-operated LED flashlights and battery-operated lanterns have become popular essential household items. These products are also compatible with mobile phone chargers and other battery backup systems.
The National Regulator for Compulsory Specifications (NRCS) has turned its attention to battery-operated lanterns and LED flashlights, placing embargoes on the imported consignments.
Without having any factual evidence of safety risks that could be attributed to flashlights, the NRCS, at its sole discretion, has for the past few years imposed unfounded regulatory requirements, thereby exploiting this potential source of levy income.
In a recent embargo placed on a consignment, NRCS required that the supplier must provide type test reports to prove compliance of each type of flashlight with the standard SANS 60598-2-4 -“particular requirements—portable general-purpose luminaires”- together with the application for Letters of Authority (LOA’s) in order to lift the embargo.
While flashlights cannot comply with all the mandatory requirements of SANS 60598-2-4, the embargo placed on these products by NRCS is irrational and unlawful.
The National Regulator for Compulsory Specifications (NRCS) has turned its attention to battery-operated lanterns and LED flashlights, placing embargoes on the imported consignments.
Without having any factual evidence of safety risks that could be attributed to flashlights, the NRCS, at its sole discretion, has for the past few years imposed unfounded regulatory requirements, thereby exploiting this potential source of levy income.
In a recent embargo placed on a consignment, NRCS required that the supplier must provide type test reports to prove compliance of each type of flashlight with the standard SANS 60598-2-4 -“particular requirements—portable general-purpose luminaires”- together with the application for Letters of Authority (LOA’s) in order to lift the embargo.
While flashlights cannot comply with all the mandatory requirements of SANS 60598-2-4, the embargo placed on these products by NRCS is irrational and unlawful.
Misapplication of Standards.
Having been approached by the supplier, Safehouse has pointed out to NRCS that battery-operated flashlights and battery-operated lanterns do not align with the definitions outlined in SANS 60598-1, which defines a portable luminaire as ‘a luminaire, which in normal use, can be moved from one place to another while connected to the supply’.
The standard SANS 60598-2-4 covers various requirements and states: ‘Portable luminaires must be designed so that the insulation of flexible cables and cords won’t be damaged when moving or adjusting the luminaire or when placing it on its support.’
Battery-operated flashlights and lanterns are standalone portable units that operate independent of any external power source, which makes testing against many of the technical requirements of the standard irrelevant.
Statements issued by accredited laboratory managers have confirmed that battery-operated flashlights and battery-operated lanterns are not covered by any part of the SANS 60598 series.
Hence, issuing test reports claiming compliance of products that fall outside the scope of the standard violates the laboratory’s accreditation.
It has been established that the International Electrical Commission, (IEC) has not published a standard for battery-operated flashlights. Should there be a proven justification from a safety perspective to regulate flashlights, it would require the development of a new uniquely South African standard or compulsory specification, which may apply selected requirements from SANS 60598-1. Without such a published compulsory specification NRCS does not have the authority to regulate these products.
Such a development would however go against the principles of the WTO Agreement to promote international trade.
Statements issued by accredited laboratory managers have confirmed that battery-operated flashlights and battery-operated lanterns are not covered by any part of the SANS 60598 series.
Hence, issuing test reports claiming compliance of products that fall outside the scope of the standard violates the laboratory’s accreditation.
It has been established that the International Electrical Commission, (IEC) has not published a standard for battery-operated flashlights. Should there be a proven justification from a safety perspective to regulate flashlights, it would require the development of a new uniquely South African standard or compulsory specification, which may apply selected requirements from SANS 60598-1. Without such a published compulsory specification NRCS does not have the authority to regulate these products.
Such a development would however go against the principles of the WTO Agreement to promote international trade.
Safety Risks of Battery-Operated Devices.
The safety risks associated with battery-operated flashlights and battery-operated lanterns have not been quantified, although for other commodities such as power tools and battery-operated appliances covered by the SANS 60335 series some requirements have been incorporated to mitigate the risk of overcharging lithium batteries.
While flashlights generally operate at Safety Extra Low Voltage (SELV) levels of around 5V DC, there is no evidence to suggest any potential safety hazards, such as electric shock or fire, that would warrant mandatory regulation.
The NRCS has refused to accept expert advice from the industry or consider their clear technical responses and has continued to enforce its position.
Safehouse and NRCS have agreed to escalate the matter to the SABS technical committee for luminaires (SABS TC 64 SC02) to seek a consensus interpretation at their meeting on 17 October 2024.
Safehouse will pursue further action, if required, to protect the interests of suppliers and importers if the NRCS persists in these illegal embargoes.
While flashlights generally operate at Safety Extra Low Voltage (SELV) levels of around 5V DC, there is no evidence to suggest any potential safety hazards, such as electric shock or fire, that would warrant mandatory regulation.
The NRCS has refused to accept expert advice from the industry or consider their clear technical responses and has continued to enforce its position.
Safehouse and NRCS have agreed to escalate the matter to the SABS technical committee for luminaires (SABS TC 64 SC02) to seek a consensus interpretation at their meeting on 17 October 2024.
Safehouse will pursue further action, if required, to protect the interests of suppliers and importers if the NRCS persists in these illegal embargoes.
The Rise of Fake Test Reports.
The NRCS’s stance has also led to an unintended consequence: the rise of fake test reports.
To prevent shipment delays and not be subject to out-of-scope stoppages and high litigation costs, some suppliers have resorted to acquiring fraudulent test reports from foreign laboratories that are willing to ‘bend the rules’. This highlights the need for a rational and consistent regulatory approach, based on clear unambiguous compulsory specifications that cannot be misinterpreted by both suppliers and the NRCS.
In recent engagements with NRCS management, Safehouse, IESSA and other industry stakeholders have emphasised the need for the regulator to re-evaluate its interpretation of the standards.
If the NRCS guides its decisions by its mandate to protect the public and environment from unsafe products while ensuring fair trade, then they are failing to fulfil this mandate, their focus should be on detecting and eliminating high risk non-compliant products instead of expanding their authority to regulate products that fall outside its scope.
To prevent shipment delays and not be subject to out-of-scope stoppages and high litigation costs, some suppliers have resorted to acquiring fraudulent test reports from foreign laboratories that are willing to ‘bend the rules’. This highlights the need for a rational and consistent regulatory approach, based on clear unambiguous compulsory specifications that cannot be misinterpreted by both suppliers and the NRCS.
In recent engagements with NRCS management, Safehouse, IESSA and other industry stakeholders have emphasised the need for the regulator to re-evaluate its interpretation of the standards.
If the NRCS guides its decisions by its mandate to protect the public and environment from unsafe products while ensuring fair trade, then they are failing to fulfil this mandate, their focus should be on detecting and eliminating high risk non-compliant products instead of expanding their authority to regulate products that fall outside its scope.
Seeking Resolution with NRCS.
Safehouse remains committed to resolving this issue and to finding solutions while ensuring the safety as well as the reliability of products in the South African market.
They encourage members to report unjustified regulatory actions by the NRCS. The goal is to engage in open dialogue with the regulator. Suppliers should not be subject to illegal embargoes or need to abide by regulations that do not apply to their products.
They encourage members to report unjustified regulatory actions by the NRCS. The goal is to engage in open dialogue with the regulator. Suppliers should not be subject to illegal embargoes or need to abide by regulations that do not apply to their products.
Safehouse continues to advocate for fair and transparent practices in the regulatory environment, aiming to safeguard the interests of the public, its members and the industry at large.
Contact us for more information and explore our membership opportunities here. For specific product-related concerns, you can visit our Safehouse dedicated product portal.
For more information, Contact us via email or visit our website.
Contact us for more information and explore our membership opportunities here. For specific product-related concerns, you can visit our Safehouse dedicated product portal.
For more information, Contact us via email or visit our website.