UK Statutory Instrument 2005 United Kingdom

General Product Safety Regulations 2005

What this means for your business

9 obligations
5 penalties
4 can imprison
32 guides
Enforced by
OPSS, Trading Standards, MHRA
Applies to
United Kingdom
On this page
9 compliance obligations, 32 practical guides across 4 topics
Read full text on legislation.gov.uk

What you must do

9 compliance obligations under this legislation — 4 can result in imprisonment.

Management duties 4

Do not supply dangerous products and help monitor product safety

12 months imprisonment

If you act as a distributor, you must not sell any product you know – or should have known – is dangerous. You also need to cooperate with safety monitoring by passing on risk information, keeping and producing records that trace a product’s origin, and working with the producer or authorities to remove or fix risky products.

Trader/Business s.8 Trading Standards

Ensure only safe products are placed on the market

12 months imprisonment

If you produce or import consumer goods, you must make sure each product is safe before you put it on the market, offer it for sale, or keep it available for sale. In practice this means carrying out safety checks and keeping evidence that the product meets the General Product Safety Regulations. Failing to do so can lead to criminal prosecution.

Employer s.5 Trading Standards

Organise product recall when served with a recall notice

If a trading standards authority serves you with a recall notice because a product you have supplied is deemed dangerous, you must use reasonable efforts to get that product back from consumers. This includes contacting customers, publishing a recall announcement, arranging collection or safe disposal, and keeping the authority updated on progress.

Trader/Business s.15 Trading Standards You receive a recall notice from an enforcement authority under the General …

Provide safety information, label products and manage product safety risks

If you put a product on the market, you must give consumers clear information and warnings so they can understand any hazards and how to avoid them. You also need to put your name, address and product reference or batch on the product or its packaging, carry out reasonable testing, keep a register of safety complaints and act – by warning, withdrawing or recalling – if a risk is identified, informing any distributors of the danger.

Manufacturer/Importer s.7 Trading Standards

Notifications 1

Notify the Secretary of State with detailed product risk information

If you must notify the Secretary of State because a product you sell may be unsafe, you must include enough details for them to identify the product, understand the risk, know what actions have been taken, and see where the product is being supplied. This means attaching test results, risk descriptions and supply‑chain information to your notification.

Trader/Business s.34 Trading Standards When you are required to notify under regulation 33(2) or (4) because …

Other requirements 1

Apply to challenge a safety notice within the time limit

If your business (or anyone with an interest in a product) receives a safety notice, you can ask a court or sheriff to change or cancel it. You must make this application within 21 days of being served (or within 7 days for a recall notice). Failure to apply in time means the notice stays in force.

Any Person s.17 Trading Standards When served with a safety notice (other than a recall) or a …

Offences and prohibitions 3

Be held liable for another's product‑safety offence

12 months imprisonment

If a breach of the General Product Safety Regulations occurs because of the act or omission of someone else in your business – for example a director, manager, secretary or partner – that individual can be prosecuted as well as the company itself, even if the primary offender is not charged. The secondary offender faces the same penalties as the primary offender, which can include an unlimited fine and, where the underlying offence allows it, imprisonment.

Any Person s.31 OPSS

Breach of product safety regulations 5 or 8(1)(a)

12 months imprisonment

If you fail to follow the safety rules set out in regulation 5 or regulation 8(1)(a) you commit a criminal offence. On conviction in the Crown Court you can be sentenced to up to 12 months in prison, fined up to £20,000, or both. The same breach can also be tried in the Magistrates’ Court where the maximum penalty is up to 3 months’ imprisonment and a fine up to the statutory maximum.

Any Person s.20 OPSS

Fail to comply with a safety notice request for information or samples

Unlimited fine

If the Secretary of State serves you a notice asking for information, records or product samples to decide on a safety notice, you must provide them within the time and format specified. Failing to do so without reasonable cause, or knowingly or recklessly supplying false information, is a criminal offence. Conviction can lead to an unlimited fine (summary or Crown Court) and the offence for non‑compliance is tried either in the magistrates’ court or, if serious, in the Crown Court.

Any Person s.28 OPSS

Penalties for non-compliance

5 penalties under this legislation. 4 can result in imprisonment. 4 carry an unlimited fine.

Prison risk

Do not supply dangerous products and help monitor product safety

Unlimited fine and/or 12 months imprisonment

Either way s.8 Penalises: Do not supply dangerous products and help monitor …
Prison risk

Ensure only safe products are placed on the market

Unlimited fine and/or 12 months imprisonment

Either way s.5 Penalises: Ensure only safe products are placed on the …
Prison risk

Be held liable for another's product‑safety offence

Unlimited fine and/or 12 months imprisonment

Either way s.31 Penalises: Be held liable for another's product‑safety offence
Prison risk

Breach of product safety regulations 5 or 8(1)(a)

Fine up to £20,000 and/or 12 months imprisonment

Either way s.20 Penalises: Breach of product safety regulations 5 or 8(1)(a)
Unlimited fine

Fail to comply with a safety notice request for information or samples

Unlimited fine

Either way s.28 Penalises: Fail to comply with a safety notice request …

Practical guidance

Our guides explain how to comply with the requirements above.

Sector-Specific 25

Healthcare professional registration requirements

Registration requirements with GMC, NMC, GDC, GPhC, and HCPC for healthcare employers and professionals.

Packaging Design Requirements

Meet essential requirements and labelling standards for packaging.

Medical devices: placing on the GB market

How to comply with the UK Medical Devices Regulations 2002 when placing medical devices on the Great Britain …

CLP Chemical Classification and Labelling

Classify, label and package hazardous chemicals under GB CLP.

Biocides and Pesticides Authorisation

Get HSE CRD authorisation for biocidal and pesticidal products.

Specialist retail licences and registrations

Specialist licences required for specific retail activities including tobacco registration, fireworks sales, pet shops, scrap metal dealing, and …

Product safety and labeling requirements

General Product Safety Regulations 2005, UKCA marking, weights and measures compliance, and labeling obligations for retailers selling in …

UK Space Industry Licensing

Obtain licences for satellite operations, launches, and space activities.

UKCA Product Marking

Understand UKCA marking requirements for products sold in Great Britain.

How to manage a product recall

Step-by-step guidance for manufacturers, importers, and distributors on managing a product recall when a consumer product is found …

Packaging and labeling for export markets

Country-specific packaging and labeling requirements - UK standards don't automatically apply overseas.

General product safety requirements

Understand your legal obligations under the General Product Safety Regulations 2005 when placing consumer products on the GB …

Environmental obligations for retailers

Environmental compliance for retail businesses. Covers WEEE registration, packaging waste, EPR, carrier bag charge, single-use plastics ban, Simpler …

Ensure product safety compliance for retailers

Product safety compliance checklist for retailers. Covers supplier vetting, safety marking verification, recall procedures, OPSS reporting, and preparation …

Product standards and CE marking for the Northern Ireland market

How product standards and marking requirements differ for the Northern Ireland market under the Windsor Framework. Covers CE …

Assess whether your product meets the general safety requirement

How to carry out a product safety risk assessment to determine whether your product meets the general safety …

Product safety penalties and enforcement

Quick reference for product safety penalties, enforcement powers, and sanctions under the General Product Safety Regulations 2005, Consumer …

Product safety compliance checklist for the GB market

Compliance checklist for businesses placing consumer products on the Great Britain market. Covers the general safety requirement, UKCA …

Online marketplace product safety duties

What online marketplace operators need to do to comply with product safety law. Covers new duties under the …

Understanding UK product safety law

A strategic overview of UK product safety law for business owners and directors. Explains the three legislative pillars …

Electrical product safety compliance

How to comply with the Electrical Equipment (Safety) Regulations 2016 when placing electrical products on the Great Britain …

Toy safety compliance in Great Britain

How to comply with the Toys (Safety) Regulations 2011 when placing toys on the Great Britain market. Covers …

Choose the right conformity assessment route

How to determine the correct conformity assessment route for your product before placing it on the Great Britain …

Importer responsibilities for the GB market

Legal responsibilities for importers placing products on the Great Britain market. Covers verifying manufacturer compliance, labelling obligations, storage …

AI product safety: how product liability law applies to AI

How existing UK product safety law applies to AI products and AI components embedded in physical goods. Explains …

Sections and provisions

47 classified provisions from this legislation.

Duties 11

  • s.5 General safety requirement producer
  • s.7 Other obligations of producers
  • s.8 Obligations of distributors
  • s.10 Enforcement authority
  • s.15 Recall notices such product
  • s.17 Appeals against safety notices
  • s.32 Reports Secretary of State
  • s.34 Provisions supplemental to regulation 33
  • s.36 Market surveillance
  • s.37 Complaints procedures
  • s.38 Co-operation between enforcement authorities an enforcement authority

Offences and penalties 4

  • s.20 Offences
  • s.28 Power of Secretary of State to obtain information
  • s.31 Liability of person other than principal offender
  • s.44 Evidence in proceedings for offence relating to regulation 9(1)

Powers 7

  • s.11 Suspension notices
  • s.12 Requirements to mark
  • s.13 Requirements to warn
  • s.16 Supplementary provisions relating to safety notices
  • s.18 Forfeiture: England and Wales and Northern Ireland
  • s.19 Forfeiture: Scotland
  • s.27 Recovery of expenses of enforcement

Definitions 4

  • s.2 Interpretation
  • s.33 Duty to notify Secretary of State ...
  • s.40 Service of documents
  • s.43 Privileged information

Exemptions 9

  • s.3 Application
  • s.4 —
  • s.6 Presumption of conformity
  • s.9 Obligations of producers and distributors
  • s.14 Withdrawal notices
  • s.29 Defence of due diligence
  • s.30 Defence in relation to antiques
  • s.39 Information
  • s.42 Civil proceedings