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The Office of Product Safety and Standards is the national regulator and policy holder when it comes to the safety of products aimed at the consumer market.

However, Trading Standards has statutory responsibilities in terms of product safety enforcement in their local area in relation to such consumer goods.

We are keen to help businesses get things right, as opposed to having to take enforcement action. To this end, we offer comprehensive advice and support to local businesses both through our chargeable business advice service and also our free advice signposting service.

The Health and Safety Executive has responsibility for products sold for commercial use.

Responsibilities of businesses

Businesses that produce (manufacture), import, distribute or sell consumer products in the UK are responsible for:

  • Making sure the products are safe for consumers to use
  • Following the legal requirements in relation to labelling
  • Providing adequate warnings for safe use
  • Only selling products if they can appropriately demonstrate their compliance with product safety regulations

The General Product Safety Regulations 2005

The General Product Safety Regulations 2005 (GPSR) require all products to be safe in their normal or reasonably foreseeable usage. Enforcement authorities have powers to take appropriate action when this obligation is not met.

For some product sectors, there are also specific regulations setting out essential safety requirements. Where there is crossover with the GPSR, the product-specific legislation usually takes precedence.

View the Product Safety Guidance for Business: A to Z of Industry Guidance on the GOV.UK website.

Since 31 December 2020, product safety provisions are applied differently in Great Britain (England, Wales and Scotland) compared to Northern Ireland. This continues to be the case while the Northern Ireland Protocol is in force. Consequently, there is separate guidance for businesses selling products in Northern Ireland.

View the GOV.UK guidance on placing manufactured goods on the market in Northern Ireland.

Defining a safe product

A safe product is one that does not present any unnecessary risk to anyone when they use the product in a normal and reasonably foreseeable way.

In assessing the safety of products, businesses must take account of (among other things):

  • The packaging, all accompanying instructions, and any other labelling
  • The effect of the product on other products with which it may foreseeably be used
  • The special needs of particular classes of person, especially children

UK Conformity Assessed (UKCA) marking

The UKCA marking is the new product marking following the UK leaving the European Union. It is used for goods being placed on the market in Great Britain. It covers most goods which previously required the European Union CE marking. It also applies to aerosol products that previously required the 'reverse epsilon' marking.

The UKCA marking came into effect on 1 January 2021. Businesses were still permitted to use the CE marking until 31 December 2024 in most cases. The Government intends to extend recognition of the CE marking for placing most goods on the market in Great Britain, indefinitely, beyond December 2024. These updates apply to the 18 regulations that fall under the Department for Business and Trade (DBT). These are:

  • Toys
  • Pyrotechnics
  • Recreational craft and personal watercraft
  • Simple pressure vessels
  • Electromagnet compatibility
  • Non-automatic weighing instruments
  • Measuring instruments
  • Measuring container bottles
  • Lifts
  • Equipment for potentially explosive atmospheres (ATEX)
  • Radio equipment
  • Pressure equipment
  • Personal protective equipment (PPE)
  • Gas appliances
  • Machinery
  • Equipment for use outdoors
  • Aerosols
  • Low voltage electrical equipment

There are different rules for:

  • Medical devices
  • Construction products
  • Cableways
  • Transportable pressure equipment
  • Unmanned aircraft systems
  • Rail products
  • Marine equipment
  • Ecodesign

The technical requirements ('essential safety requirements') that businesses must meet, and the conformity assessment processes and standards that businesses can use to demonstrate conformity, are largely the same as they were for the CE marking.

Use of the UKCA marking in Northern Ireland

The UKCA marking alone cannot be used for goods placed on the Northern Ireland market.

View the GOV.UK guidance on placing manufactured goods on the market in Northern Ireland.

Not all products need to bear UKCA marking

Not all products sold in Great Britain need to bear CE or UKCA marking. Businesses must have a basic knowledge of the legal requirements. Businesses should:

  • Know what products must bear the CE or UKCA marking and the accompanying documents required
  • Be able to identify products that are clearly not in compliance

Designated standards

Designated standards can help producers demonstrate their products, services or processes comply with Great British law.

By following designated standards, producers can claim 'presumption of conformity' (which will need to be countered by evidence) with the corresponding essential safety requirements.

The Government has published a list of standards that producers can use to show their products, services or processes comply with essential safety requirements of legislation.

View the designated standards guidance on the GOV.UK website.

The circumstances in which producers can use self-declaration of conformity for UKCA marking are currently the same as for CE marking.

Check the list of areas where self-declaration is permitted on the GOV.UK website.

Further guidance:

Record keeping and technical documentation

Producers or the authorised representative (where allowed for in the relevant legislation) must keep documentation to demonstrate that the product conforms with the regulatory requirements. Producers / authorised representatives must generally keep the documentation for 10 years after placing the product on the market.

The information to keep varies depending on the specific legislation relevant to the product. The information should be kept in the form of a technical file which can be supplied if requested by a market surveillance authority.

General records should include:

  • How the product is designed and manufactured
  • How the product has been shown to conform to the relevant requirements
  • The address of the manufacturer and any storage facilities

UK Declaration of Conformity

The UK Declaration of Conformity is a document which the manufacturer must draw up for most products lawfully bearing a UKCA marking before they are placed on the market.

If the product is not being imported, the manufacturer or authorised representative takes responsibility for holding a copy of the UK Declaration of Conformity.

For imported products, the importer must also hold a copy of the UK Declaration of Conformity.

The UK Declaration of Conformity should be available to enforcement authorities upon request.

The information required on the UK Declaration of Conformity is largely the same as what was required on an EU Declaration of Conformity. This can vary depending on the applicable legislation but should generally include:

  • Product, type, batch or serial number
  • Name and address of manufacturer / manufacturer's authorised representative
  • Identification / description of actual product
  • A statement that the product conforms with the relevant legislation
  • Where applicable, references to any designated standards
  • Where applicable, reference to the approved body that carried out any conformity assessment activity (name, number and description of activity)
  • Signature of manufacturer (or authorised representative, where there is one)

View the guidance on UKCA marking conformity assessment and documentation on the GOV.UK website.

Traceability

Producers must also allow for traceability by indicating on the product or its packaging:

  • The name and address of the producer
  • The product reference or, where applicable, the batch of products to which it belongs

Onwards supply chain obligations

To enable a producer to become aware of risks the product might present, they should:

  • Sample and test marketed products
  • Investigate and, if necessary, keep a register of complaints concerning the safety of the product
  • Keep distributors informed of the results of such monitoring where a product presents a risk or may present a risk

To assist businesses bringing safe consumer products to market, the British Standards Institute has published PAS (Publicly Available Specification) 7050: 2022 Bringing Safe Products to the Market.

Download the PAS Code of Conduct on the British Standards Institute website.

The PAS aims to give recommendations for the management of internal systems and supply chains in the delivery of safe product to consumers.

Withdrawal and recall

If a business discovers that a product placed on the market poses a risk to consumers and is unsafe, it is a requirement to immediately notify Trading Standards of:

  • That information
  • The action to prevent risk to the consumer
  • The identity of each business it has been supplied to

Visit the British Standards Institute website for PAS 7100: 2020 Supporting Better Recalls. Their Code of Practice assists businesses with effective withdrawal and recall procedures and other corrective actions that may be needed.

The Office for Product Safety and Standards (OPSS) published Product Safety and Non-Compliance Notification Guidance on the GOV.UK website. The guidance summarises the requirements to notify relevant authorities if products pose a risk to the health and safety of consumers, and / or are found to be non-compliant with the relevant legislation.

Visit the GOV.UK website for information on product recalls and alerts. There is information on:

  • OPSS product safety alerts
  • Reports
  • Recalls for unsafe products
  • Resources for consumers, businesses and regulators

Toy and cosmetic legislative changes

The Government intends to update the technical annexes to Regulation (EC) No 1223/2009 on:

  • Cosmetic Products, as amended by the Product Safety and Metrology etc (Amendment etc) (EU Exit) Regulations 2019
  • Schedule 2 to the Toys (Safety) Regulations 2011

These changes entail either a reduction in the permitted level or prohibition of specific chemicals in cosmetics and toys.

Visit the GOV.UK website for planned updates to toy and cosmetic laws. You can also see the products affected and a timeline for compliance.

Further product safety guidance for businesses

View guidance on using button and coin batteries on the GOV.UK website. It's for businesses who manufacture, import, distribute or sell any products that use button (non-lithium) or coin (lithium) batteries.

Visit the British Standards Institute website for PAS 7055:2021 Safety Requirements for Button and Coin Batteries.

Business Companion

Business Companion is a national Trading Standards website. It provides information about Trading Standards and consumer protection legislation.

View the product safety quick guides on the Business Companion website.

Their product safety quick guides cover a wide range of topics:

UKAS

The Government appointed the National Accreditation Body for the UK. It assesses and accredits organisations that provide services, including certification, testing, inspection and calibration.

Visit the UKAS website.

Bespoke business advice from Trading Standards

For details of our business advice services, through which you can access bespoke advice on product safety in the context of your business, please visit our business advice page.

Published: 03 July 2024