Product safety
General Product Safety
What the legislation does
Prohibits supply of any product which does not satisfy the
general safety requirements.
All goods put on the market must be as safe as is reasonable to
expect.
Provides for subordinate legislation to ensure safety of specified
consumer goods. Often requiring specific labelling or information
to the consumer (see legislation list below for indication of scope
of products covered).
Further advice from the Department of Trade
& Industry
Enforcement
Requires regular visits to traders in area dealing in products
where there may be some safety implications.
Specific attention must be paid to product areas with known
problems and on manufacturers, wholesalers and importers in the
area.
Trading Standards inspect, purchase and test goods for the purpose
of determining whether they comply with safety requirements.
Suspension notices
The power to serve a suspension notice (under section 14 of the
Act) on any person where there are grounds to suspect a
contravention of any safety provision.
This has the effect of prohibiting the person on whom the notice is
served from supplying the goods for up to six months.
A suspension notice may also require the person on whom it is
served to keep the enforcement authority informed as to the
whereabouts of all the goods in question.
Voluntary withdrawal of suspect goods may be negotiated, which
enables the goods to be removed from the market immediately.
However, this is not always possible, and in such circumstances
suspension notices or forfeiture notices are used.
CE Marking
CE Marking is currently required for many products sold in
Europe (including the UK)
CE Marking of products is seen as a "passport" which can allow a
manufacturer to freely circulate their products within the European
marketplace.
The marking applies only to products regulated by European, safety
and environmental protection product directives.
Most goods satisfying the CE marking requirements will also satisfy
the requirement that all goods placed on the market are inherently
safe.e.g.
Toys (Safety) Regulations 1995
Medical Devices Regulations 1994
Personal Protective Equipment Regulations 2002
Electromagnetic Compatibility Regulations
1992
The Construction Products Regulations (1991) - see 'Related
articles' on right.
Electrical Equipment (Safety) Regulations
1994
Recreational Craft Regulations 2004
The Radio Equipment and Telecommunications Terminal
Equipment Regs 2000
Premises Affected
Almost all manufacturers, importers, retailers and wholesalers.
Particular attention to some outlets : second hand, markets, car
boot sales, auctions, craft shops, toy shops, let property.
See list of ancillary legislation below for indication of some
areas and articles covered by specific regulations.
Key Safety Legislation
Consumer Protection Act 1987
Motor Vehicles (Safety Equipment for Children) Act 1991
Road Traffic Act 1988 (Section 17)
General Product Safety Regulations
2005
Cooking Utensils (Safety) Regulations 1972
Children's Clothing (Hood Cords) Regulations 1976
Oil Heaters (Safety) Regulations 1977
Aerosol Dispensers (EEC Requirements) Regulations 1977
Filament Lamps for Vehicles (Safety) Regulations 1982
Gas Catalytic Heaters (Safety) Regulations 1984
Asbestos Products (Safety) Regulations 1985
Nightwear (Safety) Regulations 1985
Gas Cylinders (Pattern Approval) Regulations 1987
Bunk Beds (Entrapment Hazards) (Safety) Regulations 1987
Furniture and Furnishings (Fire) (Safety) Regulations 1988
Gas Cooking Appliances (Safety) Regulations 1989
Low Voltage Electrical Equipment (Safety) Regulations 1989
All Terrain Motor Vehicles (Safety) Regulations 1989
Household Appliances (Noise Emission) Regulations 1990
Heating Appliances (Fireguards) (Safety) Regulations 1991
Gas Appliances (Safety) Regulations 1992
Active Implantable Medical Devices Regulations 1992
Imitation Dummies (Safety) Regulations 1993
Plugs and Sockets etc (Safety) Regulations 1994
Dangerous Substances and Preparations (Safety) (Consolidation) Regs
1994
Medical Devices Regulations 1994
Motor Vehicles Tyres (Safety) Regulations 1994
Electrical Equipment (Safety) Regulations 1994
Toys (Safety) Regulations 1995
N Nitrosamines and N Nitrosatable Substances in Elastane or Rubber
Teats and Dummies (Safety) Regulations 1995
Gas Appliances (Safety) Regulations 1995
Wheeled Child Conveyances (Safety) Regulations 1997
Pencils and Graphic Instruments (Safety) Regulations 1998
Pedal Bicycles (Safety) Regulations 2003
Cosmetic Products (Safety) Regulations 2004
The Dangerous Substances and Preparations (Nickel) (Safety)
Regulations 2005
Fireworks & Explosives
What the legislation does
Controls and regulates safe storage (facilities and quantity
limits) and manufacture of explosives and explosive articles.
Explosives include gunpowder (black powder), smokeless powder (also
known as small arms nitro compound, SANC), blasting explosives and
both solid & liquid propellants.
An explosive article is an article which contains one or more
explosive substances. Examples of explosive articles include
ammunition, detonators & fuses, grenades and fireworks.
Airbag detonators
Also includes airbag detonators used in car airbags.
Registration
Registration of retailers selling or storing fireworks,
registration of other retail e.g. small arms
ammunition. Link to registration &
licensing
Underage
Restricts sale of fireworks to underage (currently 18 for most
fireworks).
Fireworks
Requires fireworks to meet safety standards.
Enforcement
Regular visits (throughout the year) to importers, manufacturers,
wholesalers retailers and stores (licensed stores and registered
premises) to ensure that all the relevant regulations are being
met.
Inspect the site and construction of every proposed licensed store,
before a licence is issued.
Visits to shops where fireworks are kept, to check for compliance
with BS 7114 Part 2.
In certain circumstances, being able to either take samples of, or
seize unauthorised or dangerous explosives.
Increased enforcement required around November 5th and other
permitted sales periods.
Licences issued to shops and stores.
Premises affected
Licensed stores and registered premises.
Other visits must also be made to ensure that unauthorised sales
are not taking place e.g. at markets, car boot sales and other
retail outlets.
Internet sales must also be monitored. Garages storing airbag
detonators. Gun shops. Plant Hire businesses for nail guns and
cartridges.
Key Legislation
Explosives Act 1875 & 1923
Fireworks Act 2003
Compressed Acetylene Order 1947
Ammonium Nitrate in Oil Exemption Order 1958
Classification and Labelling of Explosives Regulations 1983
Dangerous Substances and Explosive Atmospheres Regulations
2002
Ammonium Nitrate Materials (High Nitrogen Content) Safety Regs
2003
Fireworks (Scotland) Regulations 2004
The Manufacture and Storage of Explosives Regulations
2005
Poisons
What the legislation does
Prohibits the sale of poisons unless the seller is a retail
pharmacist or a person who has his name on the local authority's
list entitling him to sell poisons from the premises
named.
Link to Registration
A person whose name is entered in the local authority's list (a
listed seller) cannot sell poisons that are included in Part 1 of
the Poisons List. These may only be sold by a pharmacist.
A listed seller or his named deputies is authorised to sell only
the poisons named in Part II of the Poisons List.
Any alteration to the names of the deputies must be notified in
writing. The sale of certain named poisons must be recorded in a
Poisons Book. The book must be produced on to any officer
authorised under the Poisons Act 1972 to examine the entries made
in the book
Some poisons may only be sold in prescribed circumstances.
Poisons must be stored safely. The receptacles and associated
packaging containing poisons must be designed, constructed,
maintained and closed so as to prevent any of the contents from
escaping when subjected to the stresses and strains of normal
handling. They should not be made of any material liable to be
adversely affected by the poison nor be liable, in conjunction with
the poison, to form any other substance which is itself a risk to
health and safety.
Labeling must bear the required safety and risk warnings .
Enforcement
Routine inspections to traders registered with authority as sellers
of Part II poisons. Visits to other potential sellers to check
compliance and advise. Advice to retailers on need for
registration..
Sampling & submit to analyst..
Maintenance of the Poisons Register required by Act.
Premises affected
Caravan supply stores, ironmongers, agricultural suppliers,
supermarkets, small retailers, garden supply shops, markets,
chemists.
Common products can contain poisons e.g. drain cleaners, chemical
toilet cleaners, pesticides, caustic soda, weedkillers, pond
cleaners, stain removers, kettle de-scalers, disinfectants, mould
removers
Legislation
The Poisons Act 1972
Poisons Rules 1982
Poisons Rules 1982
Chemicals (Hazard Information and Packaging for Supply) Regs 1994
and 2002
