Guidance on new product safety rules

The Department of Trade and Industry (DTI) published guidance on the General Product Safety Regulations, which come into effect on 1 October 2005.

Consumer Minister Gerry Sutcliffe said that while the majority of British producers "acted quickly" on product recalls, such action was currently voluntary and a "small amount of companies were still putting consumers at risk by not acting responsibly."

He said: "British manufacturers and distributors are very good at recalling products, but by giving enforcement agencies new recall powers, we are ensuring the UK remains a safe place for consumers."

The new regulations implement the revised European Product Safety Directive. As a result of the new rules, business will have to notify the enforcement authorities whenever they have recalled an unsafe product.

In addition, firms will be required to keep a register of consumer complaints to provide an early warning of any safety problems that require action. They must also retain and provide documentation that may allow the enforcement authorities to identify where an unsafe product came from.

Fully aware?

Norwich Union Risk Services liability risk adviser, Ashley Hutton, said firms should not wait until 1 October to become familiar with the new rules.

"Trends in recent years have demonstrated a significant increase in the frequency of product recalls," he told us. "Producers and distributors involved in the supply of consumer goods should now review their product safety systems and procedures to ensure that their legal duties will be fulfilled."

He added: "It is important that firms access the new guidance published by the DTI, to ensure that they are fully aware of the regulatory changes due to take place, and who they will apply to."

Mr Hutton also warned that as a result of the changes, businesses placing unsafe products on the market, or which fail to act when required to by Trading Standards, could face fines of up to £20,000. In addition, individuals responsible could face up to 12 months in prison.

'Increased powers'

Malcolm Bassett, principal policy researcher at Which?, said the new rules would increase safety for UK consumers.

"Trading Standards does a good job but has lacked enforcement powers to order product recall," he said. "These increased powers send a clear message to companies not to endanger consumer safety."

The Regulations apply to all products used by consumers, whether new or second-hand. Principal responsibility for day-to-day enforcement of the regulations will rest with local authorities.

The guidance on the regulations can be found on the DTI website - see link above/right.