General product complianceUK: UK plans new product safety regime

After Brexit, the United Kingdom if bascially free to choose how it will regulate the topic of product safety.  Before passing any laws, an extensive consultation with associations and authorities was carried out.

In evaluating the consultation, the Office of Product Safety & Standards (OPSS identified) the following key areas:

E-Commerce : Compliance with safety regulations and product standards must be ensured. To this end, on the one hand, sellers who use online platforms to sell their goods, but also the online providers themselves, should be made more responsible and market surveillance in this area should be strengthened. The use of digital tools should improve the work of the market surveillance authorities.

Another goal is to support consumers in their online purchasing decisions through information campaigns and to better warn them about unsafe products. This includes, for example, improving the existing product safety database.

E-Labelling : The ability for manufacturers to use digital labeling has been described as a way to differentiate themselves positively from the EU where such an opportunity does not exist. Benefits cited include reduced waste, lower costs and the ability to continuously update labeling information.

Market Surveillance : OPSS sees itself in the role of a national focal point for product safety. In this capacity, OPSS would like to support the local monitoring authorities and provide training courses on specific topics. To better respond to risk, OPSS will continue to develop a more rigorous but agile risk management methodology.

Business support : Businesses should be supported to fulfill their legal obligations. This is especially true for used goods and products that are regulated by multiple authorities. Voluntary standards could also play a role, for example to promote sustainable products and support the industry in the transition to Net Zero.

The EU is also currently revising its legal framework for product safety. The extent to which the two regulatory systems will differ from each other in the future will become apparent in the course of the two legislative processes. If future British regulation deviates too far from the EU regime, this could result in disadvantages for the British economy and the attractiveness of the British market for foreign economic operators could suffer. The British authorities are aware of this challenge. OPSS warns that many challenges are global and the future legal framework should therefore take into account international approaches to product safety.

More information about the public consultation and its results can be found HERE.