Updated December 2024: General Product Safety Regulation (GPSR) has come into effect and has replaced the General Product Safety Directive (GPSD). Discover more about the latest General Product Safety Regulation update by clicking here.
There are many rules in place to ensure that the products which go on sale to the general public (i.e. consumers) in the EU are safe, with regulations being put in place to ensure consumer goods do not pose a risk of harm.
What is general product safety?
Product safety ensures the safety of consumer goods by putting certain requirements, controls and provisions in place. This is something all producers must adhere to, and that includes the manufacturers, own-branders, or importers of the relevant goods.
The main obligation is to provide a safe product and ensure consumers are given the relevant information so that they can assess for themselves any inherent risk that might be posed by the product and enable them to take any necessary precautions. The general in the title refers to ‘all’ or ‘affecting most things’ in that it addresses goods that are not covered by other, more specific legislation, such as toys.
What is the General Product Safety Directive?
The General Product Safety Directive 2005 sets out the principles and framework that producers, and others in its supply chain including distributors, need to follow. It applies to new consumer products as well as those which are used or refurbished and covers aspects and risks that do not already fall under the specific EU safety regulations. It is not a CE marking directive, so the use of this symbol is not a requirement, but it does establish the necessary safety requirements for products that fall under its scope.
This is monitored by the member states that the products are sold in, and they have the ability to check the safety of a product and apply sanctions where necessary. This can include requiring warnings to be added to a product, withdrawing a product from sale or recalling it, and in some cases, forfeiture and destruction of the product.
What defines a safe product?
A product is considered to be safe if it complies with the relevant harmonised standards, and if these do not exist then it will need to meet voluntary or international standards for the product or other codes of good practice. The directive requires most products to be tested, which can then prove compliance.
This can seem like a lot of work, but product safety should be at the heart of the manufacturing of all products. A product shall not be on sale if it is able to cause harm to a consumer or their families; the consequences, as well as being illegal, can be devastating.
Producer obligations
Under the GPSD, a producer is the manufacturer, the manufacturer representative if the manufacturer is not in the EU or other professionals who may alter the product and affect the safety of the product.
Producers are obliged to supply a safe product and must provide relevant information to the consumer regarding risks and ensure the product can be traced. They are the ones who are responsible for testing a product and assessing any risks that it may pose. They must then either mitigate those risks or provide adequate warning to the distributor and consumer. If a product is found to pose a risk but is already on the market, the producer must notify Trading Standards immediately with details on what action should be taken to prevent risks to the customer and a full list of the businesses the product was supplied to.
How can producers help general product safety?
Anyone classed as a producer in the process of bringing consumer goods to market in the EU must be aware of the role that they play. In order to ensure that they are supplying a safe product, they must assess the risk of any hazards that the product may bring. This can be achieved through testing, and investigations, whilst keeping a record of any complaints relating to safety.
Once all hazards have been identified and the risk of them established, clear and legible warnings must be put in place and consumers shall be informed of where any residual risk may be present. It is also necessary to ensure that every product is traceable, and so the product or its packaging should include the name and address of the producer as well as any product references or batch numbers.
Distributor obligations
Distributors are also required to supply a safe product and must take care to ensure that what they supply is not dangerous. They must provide consumers with relevant information on any risks, and if the product is subject to a recall, they must not continue to supply it.
The are also responsible for contributing to the traceability of products and must notify a supplier if they discover a risk posed by a product. If a distributor does not fulfil their obligations, they may be given suspension notices or be asked to withdraw a product.
Get in touch today
Our Authorised Representative Service has offices both in the UK and Ireland, making us easy to deal with and providing a one-stop-shop for manufacturers wherever they are in the world.
We are specialists in EU and UK product safety legislation and offer a comprehensive service to ensure that your product meet the requirements ready for market in the European Union. Get in touch with us today to find out more about how we can help you and your business.