New EU General Product Safety Regulation - Do you, or are you, planning to sell non-food Consumer Products in the EU, either online or from a physical store? Are you aware of the new General Product Safety Regulation?

The general product safety regulation (GPSR) applies to all products not covered by other legislation and sold in the EU.

(EU) 2023/988

What products does it cover?
The General Product Safety Regulation covers non-food consumer products (as opposed to industrial products) that are not covered in other EU product legislation, or where certain aspects of a product are not covered by other legislation, and includes products sold through all sales channels. This Regulation includes digital products and products that could be used by consumers even though that may not be the intention.

What products are excluded?

• medicinal products
• food and feed
• living plants and animals, genetically modified (micro)organisms and products of plants and animals relating directly to their future reproduction
• animal by-products and derived products
• plant protection products
• equipment on which consumers ride or travel but are not operated by the consumers themselves
• various aircraft
• antiques

When does it come into effect?
On 13 December 2024 it will replace the current General Product Safety Directive and the Food Imitating Product Directive

What are its objectives?

• To ensure products remain safe throughout their lifespan
• To protect consumers shopping online and provide extra protection from dangerous products imported from outside of the EU
• To ensure recalls of dangerous products are more effective

What is new?
Being a regulation rather than a directive means that this imposes clear and detailed rules without risks of divergent transposition by Member States.
Some specific new requirements include (this is not an exhaustive list, refer to the regulation for further detail):

1. There must be a named responsible economic operator present in the EU for all non-harmonised products sold on or off line, to act as a contact point for consumers and market surveillance authorities.
2. There are additional product labelling requirements eg. the e-mail or website address of the manufacturer must be present on the product; the name, postal and electronic address of the responsible economic operator present in the EU must also be present
3. There is more specificity around risk analysis which must be carried out for all products (eg, considerations for cyber security and risks to physical, mental and social well-being)
4. Technical documentation is required to be maintained for all products
5. There are new specific product safety obligations for both economic operators and providers of online marketplaces
6. There are clearer requirements relating to incident reporting and recalls

How should you prepare as a product development business?

1. Ensure you have an adequate risk analysis procedure in place and that you have carried out a risk analysis for all products to be sold in the EU
2. Ensure the following procedures are in place and current (to mitigate the risk of product recalls):

• Product Design Validation Procedures
• Product Control and Quality Plans and Procedures
• Complaints/feedback System
• Corrective and Preventative Action Procedure
• Appropriate Procurement Procedures and Supplier Agreements

     3. Have Technical Documentation prepared for all products
     4. Have a plan in place for reporting to the EU Safety Business Gateway and carrying out a product recall

Get it touch if you need any support with implementing the above, of if you have further questions.

www.rbdevelopment.co.nz/connect

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