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Overview of UK Product Safety Regulations

May 6, 2025

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  • Superseded by EU Regulation 2023/988 in NI from December 2024.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.