The General Product Safety Regulations 1994

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement the provisions of Council Directive 92/59/EEC on general product safety (OJ No. L228, 11.8.92, p.24). They impose requirements concerning the safety of products intended for consumers or likely to be used by consumers if such products are to be placed on the market by producers or supplied by distributors.

These Regulations do not apply to second-hand products which are antiques or products supplied for repair or reconditioning before use subject to a proviso or where specific rules of Community law govern all aspects of safety of a product (regulation 3). Also, they do not apply insofar as specific rules of Community law govern an aspect of the safety of a particular product (regulation 4). The provisions of section 10 of the Consumer Protection Act 1987 (c. 43) are disapplied in relation to products insofar as they impose general safety requirements in respect of those products (regulation 5).

Regulation 7 provides that a product may not be placed on the market unless it is a safe product. Regulation 8 imposes requirements on a producer to provide information to consumers and adopt measures to inform himself of risks a product might present and identifies some measures which might be taken.

Requirements are imposed on distributors to act with due care to ensure that the requirements of regulation 7 are met. In particular, a distributor must not supply a dangerous product (regulation 9(a)) and he must participate, within the limits of his activities, in monitoring the safety of products placed on the market (regulation 9(b)).

Requirements in relation to preparatory acts to placing a product on the market or supplying it are provided (regulation 13).

Products which comply with specific rules of United Kingdom law laying down health and safety requirements are deemed to comply with the general safety requirement (regulation 10(1)) and the Regulations specify the means of assessing conformity with the general safety requirement in the absence of such specific rules (regulation 10(2)).

The Regulations make provision for enforcement; regulation 11 provides for enforcement authorities and makes provision in respect of powers of those authorities. These include powers to issue suspension notices and to obtain information. Regulation 12 provides for offences, including offences in respect of preparatory acts relating to placing products on the market and supplying products.

A defence of due diligence is provided in certain circumstances (regulation 14). Penalties are prescribed for offences under the Regulations; for offences under regulation 12 or 13 the penalty on summary conviction is imprisonment for a term not exceeding three months, or a fine not exceeding level 5 on the standard scale, or both.

Level 5 on the standard scale is £5,000 in Great Britain and in Northern Ireland it is £2,000. Failure to comply with a prohibition notice or notice to warn under section 13 of the 1987 Act or a suspension notice under section 14 of that Act or to provide information pursuant to section 18 of that Act are offences attracting similar penalties to those prescribed in relation to offences under regulation 12 save in relation to the provision of information where failure to provide information attracts a fine on summary conviction or on conviction on indictment. Forfeiture of products may be ordered on the application of an enforcement authority.

Regulation 6 provides for a consequential repeal of section 10(3)(b)(ii) of the 1987 Act and revocation of the Approval of Safety Standards Regulations 1987 (S.I. 1987/1911).

A compliance cost assessment is available, copies of which have been placed in the libraries of both Houses of Parliament. Copies of the assessment are also available from the Consumer Affairs Division of the Department of Trade and Industry, Room 309, 10-18 Victoria Street, London SW1H 0NN.