Statutory guidance

General Product Safety Regulations 2005: Northern Ireland

Updated 4 May 2023

Guidance on the regulations as they apply to products being supplied in or into Northern Ireland.

May 2023

1. Introduction

This Guide is for businesses placing products not covered by other specific sector legislation on the market in Northern Ireland (‘NI’)

Under the terms of the Windsor Framework see footnote 1, NI aligns with relevant EU rules (in Annex 2) relating to the placing on the market of manufactured goods. Products placed on the NI market must therefore follow UK law as it applies to NI.

Where there are no specific provisions of EU law (e.g. the Regulation on appliances that burn gaseous fuels) as applied to NI under the terms of the Windsor Framework with the same objectives covering the safety of products, the relevant UK law is the General Product Safety Regulations 2005, which apply across the UK, operating as a kind of ‘safety-net’ set of regulations. However, some of the provisions of the General Product Safety Regulations 2005 apply differently in NI to the rest of the UK because they need to implement in NI Directive 2001/95/EC on general product safety, under the terms of the Windsor Framework.

This Guide is designed to help you comply with the General Product Safety Regulations 2005, as they apply in NI. References to “the 2005 Regulations” in this document are therefore references to the General Product Safety Regulations 2005, as they apply in NI.

The 2005 Regulations provide the basis for ensuring the safety of consumer goods by imposing certain controls. They set out the requirements that must be met before products can be placed on the NI market. The purpose of the legislation is to ensure that consumer products are safe before they can be placed on the market in NI. This is done by requiring producers to ensure that consumer products meet the general safety requirement.

Some of the Regulations apply differently in Great Britain (“GB”). GB comprises England, Scotland and Wales. If you are placing products on the GB market, you should read the relevant separate guidance.

The government has committed to providing unfettered access for qualifying Northern Ireland goods to the rest of the UK market. Find out more about qualifying Northern Ireland goods.

Read guidance on qualifying Northern Ireland goods

Products that meet the general safety requirement under the 2005 Regulations and can be placed on the NI market can also be supplied in the rest of the UK. The arrangements here are explained in detail in the separate guidance for placing products on the market in GB.

Read guidance on the regulations in Great Britain

2. Legislative Background

The 2005 Regulations implemented Directive 2001/95/EC on general product safety. The main aim of the Regulations is to ensure that only safe products are supplied on the UK market.

The Directive continues to be implemented in NI, under the terms of the Windsor Framework. However, the 2005 Regulations also implement parts of the Protocol which have particular provisions in them, recognising that the UK has left the EU. The Directive no longer needs to be implemented in the rest of the UK.

There is therefore one set of UK 2005 Regulations, but some of the provisions apply differently in NI and GB. References to the 2005 Regulations in this guidance are references to those Regulations as they apply in NI.

The 2005 Regulations were amended by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 to give effect to The Protocol of Ireland and Northern Ireland (“The Northern Ireland Protocol”) as it relates to the placing of products on the NI market, and now to the Windsor Framework. See footnote 2

3. Scope

The 2005 Regulations apply to products intended for or likely, under reasonably foreseeable conditions, to be used by consumers and supplied to them in the course of a commercial activity. The 2005 Regulations apply to all products intended for or likely to be used by consumers (even if not intended for them) that are supplied (including made available). This includes products supplied or made available to consumers for their own use in the course of a service – for example, gym equipment for use in a gym, high chairs provided for use by diners in a restaurant and trolleys for use by shoppers.

Where a product is already subject to other specific provisions in any relevant EU law (for example, certain toys) and that law applies to NI under the terms of the Windsor Framework, then that law will apply to that product.

However, the 2005 Regulations apply where they go further than the existing regulations in terms of the specific aspects of safety covered and the extent of the obligations on manufacturers and distributors.

4. Presumption of Conformity

The 2005 Regulations state that when a product conforms to a voluntary national standard of the UK, giving effect to a European Standard published in the Official Journal of the European Union, the product shall be presumed to be a safe product so far as concerns the risks and categories of risk covered by the standard.

5. Obligations of producers

The obligations of producers see footnote 3 include:

1. Before placing a product on the NI market, or agreeing to place a product on the NI market, a producer must ensure that it is a safe product, i.e. one which under normal or reasonably foreseeable condition of use does not present any risk or only the minimum risk compatible with the product’s use, considered to be acceptable and consistent with a high level of protection of health and safety.
2. Producers must provide consumers with the relevant information to enable them to assess the risk inherent in a product throughout the normal or reasonably foreseeable period of its use (where such risks are not immediately obvious) and to take precautions against those risks.
3. Producers must also allow for traceability by indicating on the product or its packaging (except when it is not reasonable to do so) a) the name and address of the producer, and b) the product reference or, where applicable, the batch of products to which it belongs.
4. Producers must adopt measures to enable them to be informed of risks the product might present, including (to the extent that it is reasonable) a) sample test marketed products, b) investigate and, if necessary, keep a register of complaints concerning the safety of the product, and c) keep distributors informed of the results of such monitoring where a product presents a risk or may present a risk.
5. For the purposes of the 2005 Regulations, a person or business who imports a product into NI (or the EEA) from outside of NI (or the EEA) may be a producer. Therefore, a business or person importing products from GB for supply on the NI (or EEA) market may now be a producer of the product and as such subject to the requirements set out above.
6. Where a producer knows that a product they have placed on the NI market or supplied poses risks to the consumer that are incompatible with the general safety requirement, they shall forthwith notify an enforcement authority in writing of that information and a) the action taken to prevent risk to the consumer; and b) where the product is being or has been marketed or otherwise supplied to consumers outside the United Kingdom, of the identity of each Member State in which, to the best of their knowledge, it is being or has been so marketed or supplied. Read more information on how to notify the MSA.

6. Obligations of distributors

NI businesses importing products into NI (or the EEA) from GB should now consider whether they are producers of the product and subject to the requirements of producers, rather than subject to the requirements of distributors.

The obligations of distributors see footnote 3 include:

1. Distributors must act with due care to help ensure only safe products are supplied and must not supply products that, as a professional, they know or ought to know to be dangerous. For example, if a product has been subject to a recall, distributors must not supply any they may still have in stock.
2. Distributors should pass on information on the risks posed by the product.
3. Distributors should be able to show traceability of the products they supply, documentation should be retained that shows from whom the goods were purchased.
4. Distributors must cooperate with the enforcement authorities at their request. This includes the provision of information relating to the product, the nature of the risk, the product’s supply and marketing, and also in taking appropriate action to remove the risk from consumers.
5. Where a distributor knows that a product they have placed on the NI market or supplied poses risks to the consumer that are incompatible with the general safety requirement, they shall forthwith notify an enforcement authority in writing of that information and a) the action taken to prevent risk to the consumer; and b) where the product is being or has been marketed or otherwise supplied to consumers outside the United Kingdom, of the identity of each Member State in which, to the best of their knowledge, it is being or has been so marketed or supplied. Read more information on how to notify the MSA.

7. Obligations of producers and distributors

Where a producer or distributor discovers (perhaps as a result of a consumer complaint) that a product they have supplied poses risks to the consumer, and is unsafe, they must immediately notify the relevant enforcement authority in writing. This will normally be district councils.

Producers and distributors must cooperate with the enforcement authorities at their request. This includes the provision of information relating to the product, and also taking appropriate action to remove the risk from consumers, including by telling the enforcement authority the identity of each EEA state in which to the best of their knowledge the product has been marketed or supplied. In cases where it is identified the product poses a serious risk, information enabling precise identification, a full description of the risk, all available information relevant for tracing the product and a description of the action undertaken to prevent risks to the consumer must be included in the notification.

The enforcement authorities will advise on actions aimed at removal of the risk and work with businesses on completing the notification.

8. Enforcement

In NI district councils have a duty to enforce the 2005 Regulations in relation to consumer goods.

The 2005 Regulations also provide powers to the Secretary of State to enforce the 2005 Regulations.

The 2005 Regulations provide power to enforcement authorities to take action against producers or distributors with respect to products where they have reasonable grounds to believe that the 2005 Regulations have been contravened and/or that the product is dangerous. All parties concerned must, whenever feasible, be given an opportunity to submit their views before the adoption of a measure. Where, due to the urgency of the situation it is not feasible to submit views before action is taken, an opportunity will be given to submit views afterwards.

The measure chosen will be proportionate to the risk.

The Secretary of State will operate a database with information on market surveillance and product safety. An enforcement authority receiving a notification of risk will notify the Secretary of State through the database, and this notification should include measures adopted. BEIS, on behalf of the Secretary of State, will use relevant information submitted to the UK database to meet reporting obligations to the EU.

Suspension Notices

Where the enforcement authority has reasonable grounds to suspect that there may have been a contravention of the Regulations, these notices temporarily ban the placing on the market or the supply of a product while tests are undertaken, and the results are awaited.

Requirement to Mark / Requirement to Warn

These powers allow an enforcement authority to require the marking of a product with suitable warnings where it could pose risks in certain conditions, or require that specific warnings be given to certain persons considered to be at risk from a product – for example, young children, the elderly, etc.

Withdrawal Notices

Enforcement authorities can serve a withdrawal notice to prevent a person from supplying a product that is believed to be dangerous.

Recall Notices

Enforcement authorities can serve a recall notice in cases where they have reasonable grounds to believe a product is dangerous and it has already been made available to consumers. This recall notice may require the recall to comply with the applicable code of practice. A recall notice can only be served where other corrective actions, including those already taken by the producer or distributor, are insufficient in preventing the risks to consumers.

Regulators’ Code

Enforcement authorities must continue to have regard to the Regulators’ Code when developing the policies and operational procedures that guide their regulatory activities in this area. They should carry out their activities in a way that supports those they regulate to comply and grow, including choosing proportionate approaches that reflect risk.

In responding to non-compliance that they identify, enforcement authorities should clearly explain what the non-compliant item or activity is, the advice being given, actions required, or decisions taken, and the reasons for these. Unless immediate action is needed to prevent a serious breach, regulators should provide an opportunity for dialogue in relation to the advice, requirements or decisions, with a view to ensuring that they are acting in a way that is proportionate and consistent. The Secretary of State takes account of the provisions of both the Regulators’ Code and the Growth Duty in exercising his regulatory functions.

Read the Regulators’ Code

Penalties

A person committing an offence under the Regulations as amended may be liable to a penalty. Penalties can include a fine of up to £20,000 or a prison sentence of up to 12 months or both for the most serious offences. The court may also forfeit any or all unsafe goods.

It is a matter for the enforcement authority to decide what enforcement action is appropriate in each case, taking into account the circumstances of the case and the enforcement authorities’ own policies, operational procedures and practices in line with the Regulators’ Code.

9. Where to find guidance about Directive 2001/95/EC

Access guidance from the European Commission

The European Commission’s ‘Blue Guide’ aims to give a better understanding of EU product safety rules and to their application across different sectors and throughout the EU single market.

Access the Blue Guide from the European Commission

10. Glossary

• Distributor – Any professional in the supply chain, whose activity does not affect the safety properties of a product.
• Enforcement Authority – District Councils and the Secretary of State, any other Minister of the Crown in charge of a government department, can enforce the 2005 Regulations.
• Producer –

(a) the manufacturer of a product, when he is established in either NI (but not GB) or in the European Economic Area (EEA) and any other person presenting himself as the manufacturer by affixing to the product his name, trademark or other distinctive mark, or the person who reconditions the product

(b) when the manufacturer is not established in Northern Ireland or the EEA:

• if he has a representative established in the NI (but not GB) or the EEA, the representative;
• in any other case, the person that places a product from outside of NI or the EEA on the market (this will include products from GB)

(c) other professionals in the supply chain, insofar as their activities may affect the safety properties of a product.

11. Footnotes

1: The “Windsor Framework” has the same meaning as set out in Joint Declaration No 01/2023 by the United Kingdom of Great Britain and Northern Ireland and the European Union in the Withdrawal Agreement Joint Committee on the Windsor Framework on 24 March 2023.

2: In 2019, the 2005 Regulations were amended by the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 to fix any deficiencies that arose from the UK leaving the EU (such as references to EU institutions) and make specific provision for the UK market. The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 were then amended by the Product Safety and Metrology etc. (Amendment to Extent and Meaning of Market) (EU Exit) Regulations 2020 to apply to Great Britain only, and not to Northern Ireland, in support of implementing The Northern Ireland Protocol, and now the Windsor Framework.

3: Defined in section 10 (The Glossary).