General product safety requirements

If you place consumer products on the GB market, you have a legal duty to ensure they are safe. The General Product Safety Regulations 2005 (GPSR) set out requirements for all consumer products not covered by sector-specific safety rules.

These regulations apply to you whether you manufacture products, import them, put your own brand on them, or simply sell them to consumers. Your obligations differ depending on your role in the supply chain.

Who GPSR applies to

The regulations distinguish between two types of business:

• Producers - manufacturers, importers, own-branders, and anyone who reconditions products
• Distributors - retailers, wholesalers, and other intermediaries who do not affect the product's safety properties

If you manufacture products in the UK, import products from outside the UK, or put your own brand name on products made by others, you are a producer with the more extensive set of obligations.

If you simply buy finished products and resell them without modifying them, you are a distributor.

Products covered by GPSR

GPSR covers all consumer products not already subject to specific safety regulations. Products with their own rules include toys, electrical equipment, cosmetics, and machinery. If your product falls under sector-specific regulations, you must comply with those instead (though GPSR may apply to risks not covered by the specific rules).

What makes a product safe

The central requirement of GPSR is simple: only safe products may be placed on the market. But determining whether a product is safe requires careful assessment.

A product is considered safe if it presents no risk, or only minimum risks that are acceptable given normal or reasonably foreseeable use. This includes considering how long the product will be used and, where relevant, how it is installed and maintained.

You cannot assume a product is safe simply because no one has been injured by it. You must actively assess potential risks before placing it on the market.

Meeting designated standards

One of the most practical ways to demonstrate your product is safe is to comply with designated UK standards. When a product meets a British Standard that has been approved by the Secretary of State, there is a legal presumption that it satisfies the general safety requirement - at least for the risks covered by that standard.

However, standards may not cover every possible risk. If your product has unusual features or uses, you may need to go beyond the standard requirements.

When no standard exists

If there is no designated standard for your product, you should consider:

• Industry codes of good practice for health and safety
• The state of knowledge and technology in your sector
• What consumers would reasonably expect in terms of safety

Producer obligations

As a producer, you bear primary responsibility for ensuring your products are safe. This is not a passive obligation - you must take active steps both before and after placing products on the market.

Before placing products on the market

You must assess your product against the safety criteria before it reaches consumers. This means examining its characteristics, how it will be presented and labelled, what instructions are provided, and who might use it (including children or other vulnerable groups).

Ensure your product carries:

• Your business name and address (or another way for consumers to contact you)
• A batch or lot number to identify the production run
• Clear instructions for safe use where necessary
• Appropriate warnings about any risks that are not immediately obvious

After products are on the market

Your obligations do not end at the point of sale. You must:

• Sample test products from the market where appropriate
• Investigate complaints and keep a register of them
• Keep distributors informed about any safety monitoring
• Be prepared to take corrective action if problems emerge

When you discover a safety problem

If you become aware - or should reasonably have become aware - that a product poses a risk incompatible with the general safety requirement, you must act immediately. This means notifying the enforcement authority in writing, explaining what the risk is and what you are doing about it. Delay could result in prosecution.

Distributor obligations

As a distributor, your obligations are less extensive than a producer's, but you still have important legal duties.

Due diligence in practice

The key requirement for distributors is to act with due care. In practice, this means:

• Only buying from reputable suppliers who can demonstrate their products meet safety requirements
• Checking products for obvious defects or missing safety information
• Never knowingly supplying products that fail to meet safety requirements
• Responding promptly when you learn of safety concerns

You are not expected to carry out technical safety testing - that is the producer's responsibility. But you cannot ignore clear warning signs that a product may be unsafe.

When customers report problems

If a customer reports a safety issue with a product you have sold, you must pass this information up the supply chain to the producer. You should also be prepared to cooperate with any withdrawal or recall.

Traceability and documentation

Traceability enables regulators and businesses to identify and locate products quickly when safety issues arise. Without proper records, a small problem can become a major incident because affected products cannot be identified.

What records to keep

For GPSR purposes, you should keep records showing:

• Who supplied products to you (supplier name, address, contact details)
• Who you supplied products to (if you are a wholesaler)
• Product identification (batch numbers, lot codes, product references)
• Dates and quantities of transactions

The good news is that documentation you already keep for VAT and accounting purposes should largely satisfy these requirements, provided it includes sufficient product identification.

How long to keep records

Keep traceability records for at least 6 years. This aligns with VAT record-keeping requirements and ensures you can respond to enforcement queries about products that may have a long lifespan.

Enforcement and penalties

Product safety is enforced by the Office for Product Safety and Standards (OPSS) at national level and by local Trading Standards services. They have significant powers to investigate businesses and take action against unsafe products.

What enforcement officers can do

Enforcement authorities can:

• Suspend the supply of a product while they investigate (up to 6 months)
• Require you to add warnings to products or publish safety information
• Order products to be withdrawn from sale
• Order a recall of products already sold to consumers
• Prohibit the supply of dangerous products entirely

Criminal offences and penalties

Supplying an unsafe product, or failing to comply with your GPSR obligations, is a criminal offence. On conviction in a magistrates' court, you face an unlimited fine and up to 3 months' imprisonment. On conviction in a Crown Court, the maximum penalty is a fine of £20,000 and up to 12 months' imprisonment.

Offences include:

• Placing an unsafe product on the market
• Failing to notify the authorities when you know a product poses a risk
• Failing to comply with an enforcement notice
• Obstructing enforcement officers

What to do next

If you are placing consumer products on the GB market:

1. Determine your role - Are you a producer (manufacturer, importer, own-brander) or a distributor (retailer, wholesaler)?
2. Check for sector-specific rules - Some products like toys, electrical goods, and cosmetics have their own safety regulations
3. Assess your products - Review whether they meet the general safety requirement using the assessment criteria
4. Ensure traceability - Verify your products are properly marked and you keep adequate records
5. Set up complaint handling - Producers must maintain a complaints register and investigate safety concerns
6. Know how to report - Understand when and how to notify OPSS or Trading Standards if you discover a safety problem