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The General Product Safety Regulations 2005
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- UK Statutory Instruments
- 2005 No. 1803
- PART 2
- Regulation 9
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Obligations of producers and distributorsE+W+S
This section has no associated Explanatory Memorandum
9.—(1) Subject to paragraph (2), where a producer or a distributor knows that a product he has placed on the market or supplied poses risks to the consumer that are incompatible with the general safety requirement, he shall forthwith notify an enforcement authority in writing of that information and—
(a)the action taken to prevent risk to the consumer; F1...
F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Paragraph (1) shall not apply—
(a)in the case of a second-hand product supplied as an antique or as a product to be repaired or reconditioned prior to being used, provided the supplier clearly informed the person to whom he supplied the product to that effect,
(b)in conditions concerning isolated circumstances or products.
(3) In the event of a serious risk the notification under paragraph (1) shall include the following—
(a)information enabling a precise identification of the product or batch of products in question,
(b)a full description of the risks that the product presents,
(c)all available information relevant for tracing the product, and
(d)a description of the action undertaken to prevent risks to the consumer.
(4) Within the limits of his activities, a person who is a producer or a distributor shall co-operate with an enforcement authority (at the enforcement authority's request) in action taken to avoid the risks posed by a product which he supplies or has supplied. Every enforcement authority shall maintain procedures for such co-operation, including procedures for dialogue with the producers and distributors concerned on issues related to product safety.
Extent Information
E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F1Word in reg. 9(1)(a) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 9 para. 5(a) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F2Reg. 9(1)(b) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 9 para. 5(b) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
Obligations of producers and distributorsN.I.
9.—(1) Subject to paragraph (2), where a producer or a distributor knows that a product he has placed on the market or supplied poses risks to the consumer that are incompatible with the general safety requirement, he shall forthwith notify an enforcement authority in writing of that information and—
(a)the action taken to prevent risk to the consumer; and
(b)where the product is being or has been marketed or otherwise supplied to consumers outside [F3Northern Ireland], of the identity of each [F4relevant state] in which, to the best of his knowledge, it is being or has been so marketed or supplied.
(2) Paragraph (1) shall not apply—
(a)in the case of a second-hand product supplied as an antique or as a product to be repaired or reconditioned prior to being used, provided the supplier clearly informed the person to whom he supplied the product to that effect,
(b)in conditions concerning isolated circumstances or products.
(3) In the event of a serious risk the notification under paragraph (1) shall include the following—
(a)information enabling a precise identification of the product or batch of products in question,
(b)a full description of the risks that the product presents,
(c)all available information relevant for tracing the product, and
(d)a description of the action undertaken to prevent risks to the consumer.
(4) Within the limits of his activities, a person who is a producer or a distributor shall co-operate with an enforcement authority (at the enforcement authority's request) in action taken to avoid the risks posed by a product which he supplies or has supplied. Every enforcement authority shall maintain procedures for such co-operation, including procedures for dialogue with the producers and distributors concerned on issues related to product safety.
Extent Information
E2This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Textual Amendments
F3Words in reg. 9(1)(b) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 3 para. 1(5)(a)
F4Words in reg. 9(1)(b) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 3 para. 1(5)(b)
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