General Product Safety Regulations 2005: Key Points

Introduction

• The General Product Safety Regulations 2005 ensure consumer goods' safety in Great Britain (GB).
• They set requirements and provisions for compliance and enforcement.
• Products from Northern Ireland (NI) are allowed in the UK market post-2021.

Legislative Background

• Implemented Directive 2001/95/EC on product safety.
• EU Withdrawal Act 2018 preserved these regulations for post-Brexit GB market.
• Superseded by EU Regulation 2023/988 in NI from December 2024.

Scope

• Applies to products likely to be used by consumers.
• Does not apply where specific EU laws cover product safety.
• Covers products supplied for consumer use even if not intended for them (e.g., gym equipment).

Presumption of Conformity

• Products conforming to UK national standards are presumed safe.

Obligations of Producers

• Ensure product safety before GB market entry.
• Provide risk information to consumers.
• Facilitate product traceability.
• Monitor product risks and inform distributors.
• Notify authorities if product poses risks.

Obligations of Distributors

• Ensure safe products are supplied.
• Pass on risk information.
• Show traceability of products.
• Cooperate with enforcement authorities.
• Notify authorities of product risks.

Traceability Measures

• Importers must ensure traceability of products to their source.
• Temporary measures for traceability allowed until December 2027.

Combined Obligations

• Notify authorities immediately if a product is unsafe.
• Cooperate with enforcement authorities to remove risks.

Enforcement

• Local trading standards authorities enforce regulations.
• The Secretary of State has enforcement powers.
• Proportionate measures are taken based on risk.

Types of Notices

• Suspension notices: Temporarily ban product supply while testing.
• Requirement to mark/warn: Mandate warnings on products with risks.
• Withdrawal notices: Prevent supply of dangerous products.
• Recall notices: Mandate product recalls if dangerous.

Regulators Code

• Authorities should act proportionately and support compliance.
• Provide dialogue opportunities except in urgent cases.

Penalties

• Fines up to £20,000 or 12 months imprisonment for serious offences.

Glossary

• Distributor: Professionals in GB supply chain unaffected by safety.
• Enforcement Authority: Local trading standards and the Secretary of State.
• Producer: Manufacturer, representative, or professional affecting product safety.