The new EU General Product Safety Regulation (“GPSR”) came into force on 13 December 2024 with the aim of ensuring products placed on the EU market, whether physically or online, are safe for consumers.
UK- and other non-EU-based manufacturers, importers, distributors, online marketplaces and other parties along the supply chain, must comply with various obligations to ensure compliance with the GPSR.
These obligations include:
- Labelling each product:
- with full name and contact details of the manufacturer and the responsible person’s contact details (if applicable).
- This information must be presented on the product itself (even if not aesthetically pleasing), though where this is not feasible the information may be placed on the packaging or insert.
- Where the product is sold online, the details must be available on the online listing as well as on the product.
- The information should be in a language which is going to be understood by the likely consumers.
- Preparing and maintaining technical documentation for products as well as clear guidance for sale use by the consumer. The level of detail required should be tailored depending on the related safety risks and complexity of the product.
- Ensuring traceability – each product must be uniquely identified by product type, batch, serial number, manufacturer, etc.
- Sellers must appoint an EU-based representative responsible for compliance and acting as a point of contact for authorities. This role can be filled by any entity along the supply chain that is based in the EU or a separate service provider can be appointed.
- A risk assessment must be conducted to ensure all products sold meet the GPSR’s safety standards before entering the EU market.
Certain products are excluded from the GPSR, such as antiques, foods and medicinal products where other laws apply.
Businesses affected by the GPSR are advised as follows:
- To check existing procedures to ensure compliance.
- To conduct a thorough risk assessment of the product’s safety where this has not already been carried out.
- If you are receiving products from third parties to sell into the EU, you need to be asking more questions as to where the product has come from and if it is indeed safe.
- To review contracts with other parties in the supply chain to ensure the GPSR obligations of each party are dealt with comprehensively.
For further information on the new GPSR and what it might mean for your business, please get in touch.
Madeleine Rhodes mrhodes@redfernlegal.com
