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.
