Product safety law: advice for manufacturers and importers
How to ensure the products you make or import comply with the law and are safe for consumers to use.
Overview
You need to be able to demonstrate that the products you make or import comply with relevant regulations and meet safety requirements before you put them on the market.
Once a product has been placed on the market, you remain responsible for its safety. You need to provide consumers with adequate information so they can use it safely and ensure it can be traced back to your business if required. You must also monitor its usage and report any risks identified to your local Trading Standards service.
Follow agreed standards
One way to demonstrate compliance with relevant product safety regulations is to follow agreed standards for the design and manufacture of your product type. Certain standards provide a ‘presumption of conformity’, which means that products complying with them are deemed to be safe in relation to the areas they cover.
In Great Britain (GB), designated standards first published on 1 January 2021 and recognised by the government provide presumption of conformity for businesses placing products on the market.
In Northern Ireland (NI), harmonised standards listed on the European Commission website continue to provide presumption of conformity for businesses placing products on the market.
Some standards are very specific. If no standards exist covering certain safety aspects of your product, you will need another way to demonstrate you have minimised the risks associated with them. (There can be a delay between the introduction of new regulations and the development of relevant standards.)
The British Standards Institute (BSI) website has a comprehensive standards library for UK businesses, including many related to safety.
Find product standards on the BSI website
Product safety for businesses: A-Z of industry guidance
Carry out a conformity assessment
Conformity assessment is the process that manufacturers must follow for some classes of product before they can be placed on the market. It is a process that enables the manufacturer to make a declaration that the product meets all the requirements that apply to it.
The specific processes for conformity assessment differ between individual products but typically involve:
- product design
- manufacturing process controls
- technical documentation
- product testing
Conformity assessment can be done by the manufacturer for some products, but may need to be carried out by an independent, accredited organisation. A UK Approved Body can provide conformity assessment to allow UKCA or UKNI marking to be applied where appropriate. While products with CE marking can also be placed on the GB market, if third party conformity assessment is required, it can only be done by an EU Notified Body.
If you’re unsure how the conformity assessment process works for your products, you should refer to the relevant regulations for your industry.
Apply to be a conformity assessment body (CAB) for product safety and metrology
Affix appropriate marking to the product if needed
Certain products require UKCA and / or CE marking in GB to state that they conform to all relevant UK regulations. Products that are conformity assessed by a UK Approved Body must have UKCA marking. Products that are conformity assessed by an EU Notified Body must have CE marking.
Find out more about UKCA marking
CE marking remains valid in NI, including for products sold from there to the rest of the UK. Products that are conformity assessed by a UK Approved Body must also have UKNI marking.
Find out more about UKNI marking
UKCA marking is not recognised in the EU, so certain products still need CE marking in the EU to state that they conform to all relevant European directives.
Find out more about CE marking
All marking is applied by the manufacturer and allows the product to be sold in the relevant area without further checks by regulators.
Provide consumer safety information and support traceability
You need to make sure that the packaging and instructions provided with your product clearly communicate all potential risks involved in using it – and what the consumer can do to avoid or lessen those safety risks.
Making your product traceable once it’s on the market is also important for accountability. To enable good traceability, the product itself or its packaging should include:
- the name and address of the manufacturer and importer if there is one
- a product or batch reference that allows you to identify the place and time of manufacture
Monitor product usage and report safety issues
Once your product is on the market, you should continue to monitor its usage and be prepared to respond to any safety risks you identify. You can do this by:
- sampling and testing products
- establishing a process for recording consumer complaints
- keeping distributors informed of any test results, investigations or consumer feedback that may present a safety risk
Where safety risks or consumer incidents are identified, you must immediately notify your local Trading Standards service, who will work with you on next steps. It will be your responsibility to carry out any programme of corrective action or product recall.
If you fail to notify Trading Standards of any known issues or risks, you may be subject to enforcement action, which can lead to legal prosecution.
Under the Consumer Protection Act 1987, if any of your products are found to be unsafe, you could be sued by anyone affected – even if they didn’t buy the product themselves.
General guidance on placing goods on relevant markets is also available:
Updates to this page
Published 29 March 2019Last updated 13 December 2024 + show all updates
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Page updated to reflect the extended recognition of CE marking in Great Britain.
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Link added to guidance on how to place manufactured goods on the UK market after Brexit.
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First published.