|
The Trading Standards Central web
site contains a list of product
safety notices/recalls.
The
General Product Safety Regulations 1994
The
Regulations transpose the current General Product Safety Directive
(ref. 92/59/EEC). They apply to new and second-hand consumer
products, except products that are covered by specific European
safety legislation. Products covered include (but are not restricted
to) clothing, medicines, primary agricultural and horticultural
products, DIY tools and equipment, food and drink, household goods,
nursery goods, chemicals and pesticides and motor vehicles. The
Regulations place a general duty on all suppliers of consumer goods
to supply products that are safe in normal or reasonably foreseeable
use.
 View
on-line.
 Our
guide "General Product
Safety Regulations 1994 - Guidance for Businesses, Consumer and
Enforcement Authorities" explains the requirements in more detail.
Printed copy.
Revision
of the General Product Safety Directive
A
revised General Product Safety Directive (Directive 2001/95/EC) was
adopted in 2001. The revised text was
published in the Official Journal on 15 January 2002.
 Revised
text of Directive (255Kb).
The revised
Directive set a date of 15 January 2004 for Member States to transpose the revised Directive
into their national legislation.
The
DTI launched a public consultation in 2001 inviting
views on the transposition of the revised Directive into UK law.
Consultation
document (466Kb).Summary of the responses to the consultation
(68Kb).
The consultation
showed that there were a number of complex issues to be resolved
prior to beginning the actual transposition process. However, the
DTI is now in the process of preparing the necessary draft legislation. We expect to begin a
further public consultation, seeking views on the draft legislation,
late summer in 2004.
 The DTI has issued a good practice guide on
consumer product recall for industry and commerce. The guide is
aimed at improving the effectiveness of recalls of unsafe products
from the UK market.
16
pages
free printed version.
The Trading Standards Central web
site contains a list of product
safety notices/recalls.
Introduction
Directive
85/374/EEC, which was transposed into UK law in Part 1 of the
Consumer Protection Act 1987, imposes strict liability on producers
for harm caused by defective products. This means that people who
are injured by defective products can sue for compensation without
having to prove the producer negligent, provided that they can prove
that the product was defective and the defect in the product caused
the injury.
The
Directive applies to consumer products and products used at a place
of work.
An
amendment (Directive 1999/34EC) was adopted in 1999 extending product liability for defective products to include
primary agricultural products and games with effect from 4 December
2000. This means that all products are now covered.
 The
DTI has produced a Guide to the Consumer Protection Act 1987 which
included a summary of the product liability provisions.
Printed
copy
Review
Of The EC Product Liability Directive
The
European Commission recently reviewed Directive
85/374/EEC, as it is required to every five years. The Commission
launched the review by publishing a Green Paper on Liability for
Defective Products in July 1999.
Summary of the Green Paper.
Complete Green Paper.
The
Commission published its report on the conclusions of the review in
January 2001. The report does not recommend any change to the
Directive, but proposes that the Commission should carry out further
studies of some parts of the Directive. Areas to be studied include
the "development risks defence". This allows the producer
to avoid liability for a defective product if he can prove that the
defect could not have been detected at the time when the product was
put into circulation, given the state of technical and scientific
knowledge at that time.
Commission's report of review.
| Safety
of Services for Consumers |
European Commission Report on the Safety of Services
In June 2003 The European Commission reported on the safety
of services for consumers.
Report on the safety of services
for consumers.
Annex - Summary of Member
States policies and legislation on the safety of services.
The Report
The report notes that the inadequacy of available data and
the lack of evidence of specific internal market difficulties make
it difficult to justify any specific option for substantive
Community action in the area of the safety of services at this
stage.
It therefore sets the immediate priority as an improvement
to the knowledge base and to monitor systematically the existing
policies and measures of the Member States. It proposes
specifically to put in place actions aimed at monitoring and
supporting national policies and measures by:
·
establishing procedures for administrative co-operation between
Member States in order to systematically exchange information on
policy and regulatory developments and the results achieved;
·
setting provisions for the systematic collection and data on the
risks of services and the establishment of an EU database;
·
aiming at the establishment of procedures for setting European
standards, if and when the evidence indicates a need.
In the first instance the Commission believes that it would
be appropriate to focus on the sectors most relevant to consumers in
a cross-border perspective, e.g. tourism and leisure related
activities.
In December 2003 the Council adopted a Resolution that the
Commission should bring forward proposals for action, including
where necessary for legislation, by December 2004.
Safety of Services in the UK
The
UK regulates the safety of services provided to consumers under
health and safety at work legislation, on the basis that any service
provided to consumers is also a work activity. The Health and
Safety at Work etc Act 1974 has as its objective the protection of
the public, as well as employees, from safety risks arising from
work activities. This legal framework, for which the Health
and Safety Executive has responsibility, is supplemented by a range
of safety measures in specific services sectors.
| Chemical, Flammability
&
Radiation Safety Unit
|
We
deal with regulations concerning the chemical safety of consumer goods and
dangerous substances.
We
implement the Fireworks (Safety) Regulations 1997 and The Cosmetic
Products (Safety) Regulations 1996. We also deal with policy on the
flammability of consumer products including furniture and nightwear,
and the radiation safety of consumer goods.
 Click
the button to read our fact sheet and FAQs about the furniture flammability regulations.
Guidance Documents
We
have produced Guidance Documents to the various Regulations:
they can be viewed on-line by clicking the button below. To order free printed copies please click the 'Order
Now' button.
Fact
Sheet on the Sale and Use of Fireworks.
Fireworks
supplied in the UK - whether they are imported or manufactured here
- must be authorised by the Health and Safety Executive. They must
also be safe as required by the Fireworks (Safety) Regulations 1997.
At present, in both cases the benchmark is BS 7114.
It is an
offence, which can result in a fine of up to £5000 (and/or a prison
sentence), to:
supply
(which includes retail sale), unsafe fireworks;
sell
fireworks to persons apparently under the age of 18 years;
supply to
the general public the more powerful types of fireworks specified
in the Regulations.
possess
fireworks in a public place if under the age of 18; and,
possess a
category 4 firework if other than a fireworks professional.
In addition,
retailers must register with their local authority before storing
fireworks.
Under the
Explosives Act 1875, it is also an offence to let-off fireworks in a
public place; or to alter them without a licence from HSE. The penalty for infringement is a fine of up to £5,000.
Firework (Safety) Regulations 1997
 A Guide
to the Fireworks (Safety) Regulations 1997 as amended by the
Fireworks (Safety) (Amendment) Regulations 2004 (SI
1997 No. 2294 and
SI 2004 No.1376.
Firework Injury Data
Fireworks
injury data for the UK covering a four week period in October
November 2003.
DTI Fireworks Safety Campaign 2003
 Every
year, DTI runs an annual fireworks safety campaign with the support of
organisations such as Child Accident Prevention Trust (CAPT), Fight
for Sight and ROSPA.
Please
click here for further Fireworks Safety Campaign information
and resources.
Firework
Code.
Further Information.
Further information on fireworks and firework safety may be found
on the UK Fireworks
Safety Site
The Fireworks
Act 2003 received Royal Assent on 18 September 2003. It
started life as a private members Bill, introduced to Parliament
by Bill Tynan. The Bill was supported by the
Government.
The main purpose of the
Act is to make provision for the Secretary of State to address a
range of fireworks issues where present powers in other Acts of
Parliament are insufficient.
In particular, it
enables the Government to address the dimension of firework use -
thereby increasing the scope beyond that of the Fireworks (Safety)
Regulations 1997 (see above), which is limited to product safety
alone.
In this way it is
possible to increase the protection of children, older people and pets from the irresponsible use of fireworks - a
body of legislation designed to make sure that all will benefit from the fun that fireworks
can be.
Regulatory
Impact Assessment (RIA) for the Fireworks Bill.
Fireworks
Regulations 2003 (Possession Offences)
The Government has recently made Regulations
under sections 3 and 5 of the Fireworks Act 2003. The measures
introduced are designed to curtail the activities of anti-social
elements in communities - making it an offence for the under 18s
to possess fireworks in a public place and for any member of the
general public to possess category 4 fireworks, that is, those
fireworks used by professional display operators.
Regulatory Impact
Assessment detailing the social,
economic and environmental costs of these Regulations.
Fireworks (Safety)
(Amendment) Regulations 2004
A
consultation on proposals to amend the current Fireworks (Safety)
Regulations 1997 to include a ban on the sale of air bombs,
tightening up the definition of mini rockets and to encourage
retailers to be sure that they are not supplying to those under
the age of 18 (closing date for comments was 23 April 2004).
Responses
to consultation.
Regulatory Impact
Assessment detailing the social,
economic and environmental costs of these Regulations.
Statutory Instrument: (Fireworks (Safety) (Amendment) Regulations
2004 (link to HMSO web site).
Consultation
on proposals to tackle the anti-social use of fireworks through the regulation of their use and supply.
This consultation seeks views on proposals to introduce a number of limited prohibitions on the importation, sale, possession and use of fireworks, specifically with the aim of tackling their anti-social
use. Closing Date 2nd July 2004.
|
Child
Care Articles and Baby Products
Safety |
Prams,
pushchairs, hood cords and bunk beds are subject to specific safety
Regulations. The safety of other nursery products is controlled by
the General Product Safety Regulations 1994 with reference to
various relevant British and European safety standards or codes of
practice. Day-to-day enforcement of the regulations is the
responsibility of local authority trading standards departments.
 A
report was published in November 1999 entitled "Choking Risks
to Children".
All
toys supplied in the UK are subject to the Toys (Safety) Regulations
1995. The Regulations implement a European Directive and the same
safety requirements therefore apply throughout the European
Community.
All
toys supplied in the UK (and the rest of the Community) must satisfy
essential safety requirements and bear the CE marking as a
declaration that this is the case. They must also be accompanied by
the name and address of the person who first placed the toy on the
market.
The CE marking is to indicate that the toys are
entitled to access to Community markets - it is not a quality mark
aimed at consumers.
Enforcement
authorities have powers to remove unsafe toys from the market and
bring prosecutions. Supplying (which includes retail sale) unsafe
toys can result in a fine of up to £5,000, or a prison sentence of
up to six months, or both.
Fact
sheet on Toy Safety Regulations
A
booklet explaining the legal requirements and other issues
concerning the Toys (Safety) Regulations 1995.
 Toy
testing - list of UK Approved BodiesList
of European Standards (EC Web Site).
| Gas
and Electrical Safety
|
The
safety of gas and electrical appliances is the responsibility of the
Department of Trade and Industry Standards and Technical Regulations
Directorate. STRD can provide information about the EC Low Voltage
Directive (LVD) and the national regulations that implement them.
| Home
Accident Surveillance System (HASS) and
Leisure Accident Surveillance System
(LASS) |
HASS
and LASS are two linked databases holding details of accidents that
caused a serious enough injury to warrant a visit to a hospital. The
data was collected in 16-18 UK hospitals.
In May 2003, ministers announced that the DTI would no
longer fund the collection and publication of HASS and LASS data. This has,
therefore, stopped with the publication of the 24th
Report. Copies of the reports can still be ordered below.
The DTI has also ended its enquiry service based on the
HASS/LASS database. The database has been transferred to RoSPA and
all enquiries about HASS and LASS statistics should be addressed to
RoSPA at:
The Information Centre
The Royal Society for the Prevention of Accidents
Edgbaston Park
353 Bristol Road
Birmingham B5 7ST
E Mail: infocentre@rospa.com
Tel: 0121 248 2066
Fax: 0121 248 2001
Annual Reports - Home &
Leisure Accident Surveillance System
| Safety
Awareness and Research |
A
small range of free safety literature is available in bulk for further
dissemination by industry, local authorities and safety
professionals. Search using "safety" on the DTI
publications page.
Consumer safety research
reports commissioned and published by the DTI are also available.
Search using "research" on the DTI
publications page.
Home
Safety Network
The DTI's Home
Safety Network web site provides an overview of consumer safety
awareness
issues, research and statistics. It also contains details of how to obtain
leaflets and research publications.
DTI
Contact
|
Guide to the Cosmetic Products (Safety) Regulations 1996.
Guide to the Dangerous Substances and Preparations (Nickel)
(Safety) Regulations 2000.
Guide to the Furniture and Furnishings
(Fire) (Safety)
Regulations. 
Guide to the Nightwear (Safety) Regulations.
