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Product safety

Contact Us - Trading Standards

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Part V introduces the requirement for products to be safe when used by the consumers in the intended way and under reasonably foreseeable conditions.

This part prescribes a number of obligations on the producers and distributors, including traceability and monitoring requirements.

  • General safety requirement

    • A product cannot be placed on the market unless it is safe.
    • Safe product is a product that under normal or reasonably foreseeable conditions of use does not present any or only minimum acceptable risk and is consistent with a high level of protection for the safety and health of persons.
    • Dangerous product means a product other than a safe product.
    • Second-hand product for the purpose of this Part is A product supplied to be repaired and reconditioned prior to being used. Supplier needs to clearly inform about this fact whoever they supply to at the time of supply.
  • Products that are not covered

    • Equipment used by the service provider while providing the service. This includes vehicles operated by the service provider.
  • Product safety assessment

    • To determine whether product is a safe the following needs to be considered:
      • the characteristics of the product, including its composition, packaging, instructions for assembly and, where applicable, instructions for installation and maintenance,
      • the effect of the product on other products, where it is reasonably foreseeable that it will be used with other products,
      • the presentation of the product, the labelling, any warnings and instructions for its use and disposal and any other indication or information regarding the product, and
      • the categories of consumers at risk when using the product, in particular children and the elderly.
  • Presumption of conformity

    • Products that conform to voluntary UK standards or standards adopted by the international standardising body are presumed to be safe until or unless there is reason to believe otherwise.
    • This only applies to the aspects of the product prescribed in the standard.
    • Such standards must have been approved by the relevant authority in the UK and adopted by the Committee.
    • Trading Standards Service can still exercise its powers where there is evidence that it is dangerous product.
    • Safety assessment of products with no presumption of conformity:
      • any voluntary national standard of the United Kingdom giving effect to a European Standard, other than a voluntary national standard of the United Kingdom, as determined and published by the Secretary of State,
      • other national standards drawn up in the United Kingdom,
      • recommendations of the European Commission setting guidelines on product safety assessment,
      • product safety codes of good practice in the sector concerned, 
      • the state of the art and technology, and
      • reasonable consumer expectations concerning safety.
  • Obligations of producers and distributors

    • Who is a producer:
      • Guernsey manufacturer of the product,
      • A person presenting themselves as manufacturer by putting name or trademark on product,
      • A representative of manufacturer established in Guernsey,
      • Importer,
      • A professional in supply chain whose actions might affect the products safety.
    • Who is a distributor - a trader whose activity does not affect the safety properties of the product.
    • There are different categories of obligations:
      • Obligations of producers,
      • Obligations of distributors,
      • Other obligations of producers and distributors.
    • To find out what obligations apply to your role see documents:
      • Obligations of the producers.
      • Obligations of the distributors.
  • Enforcement

    • The TSS shall, in enforcing this Part, act in a manner proportionate to the seriousness of the relevant risk. To find out more about what will happen when a dangerous product is identified see You found out you are selling unsafe products document.
    • TSS shall encourage and promote voluntary action by producers and distributors.
    • If a product poses a serious risk to the consumer, the TSS may take any action under this Part without first encouraging and promoting voluntary action.
    • TSS enforce through:
      • Issuing safety notices,
      • Prosecuting offences,
      • Forwarding information on unsafe products,
      • Civil enforcement.
    • Types of safety notices:
      • Suspension notice - Temporarily suspend sale of products,
      • Requirement to mark - Require a product to be marked to tell consumers about the risks it poses,
      • Requirement to warn - Require traders to warn consumers about the risks a product poses,
      • Withdrawal notice - Prohibit sale of a dangerous product,
      • Recall notice - Recall a dangerous product.
  • Additional duties of TSS

    • Duty to notify other jurisdictions about unsafe products we discover in Guernsey.
    • Trading Standards Service will be undertaking market surveillance activities to ensure a high level of consumers health and safety.
    • Trading Standards Service will be publishing to the public information relating to:
      • The nature of the risk, and
      • The product identification
    • Of products posing risk to consumers health and safety.
  • Product liability

    • Producers are liable for death, personal injury, or loss of or damage to property (including land) caused by an unsafe product.
    • Suppliers are liable for damage caused by a product defect if they fail to identify the producer within a reasonable time.

Downloads

Obligations of the producers Obligations of the distributors You found out you are selling unsafe products

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