Reform of product safety legislation in the UK: everything you need to know

What is happening in the UK concerning product safety legislation?

As the UK navigates post-Brexit regulatory landscapes, the Product Regulation and Metrology Bill (Bill) emerges as a significant legislative development. Currently under review in the House of Lords, the Bill aims to modernise and streamline product safety regulations across the UK.

The Bill is expected to become law in the first half of 2025. This is a crucial development for businesses operating in the consumer products sector and they will need to closely monitor the Bill's progress and incorporate its requirements into their compliance strategies.

What is the background to the Bill?

In the UK, product safety is currently covered under the General Product Safety Regulations 2005 (SI 2005/1803), which is assimilated EU legislation.

The UK government began consulting on product safety during 2023. There was a consensus that the current regime needs to be overhauled to reflect new technologies, including AI, as well as the increased use of online marketplaces by consumers.

The Labour government introduced the Bill in the King's Speech in July and it had its first reading in the House of Lords in September 2024. We can anticipate changes to the current draft of the Bill as it passes through Parliament.

The Bill applies to most manufactured goods but excludes certain categories like food, feed, medicines, aircraft, and military equipment, which are governed by separate regulations. The Bill also updates the metrology framework, which relates to the accuracy of weights and measures for goods and will encompass energy smart meter readings.

The Bill is described as framework legislation. This means that it establishes a broad regulatory structure, allowing for detailed rules to be developed and adapted over time. The Secretary of State will be empowered to make product regulations which set "product requirements". We therefore do not yet know the specifics of the proposed reforms to the product safety regime in the UK. This has sparked some debate in the House of Lords, with critics wary of granting ministers the power to make such regulations.

What broad reforms to product safety can we anticipate?

• New 'product requirements' covering how consumer products are manufactured, technical standards they must comply with, and how they can be marketed. These requirements are likely to impose new obligations on manufacturers, importers, and providers of online marketplaces.
• Provisions aimed at ensuring the safety of products sold through an online marketplace. The Bill references the development of product requirements relating to the marketing of products through an online marketplace.
• Changes to reflect modern safety issues, including the fire risks associated with e-bikes and lithium-ion batteries.
• Changes to reflect technological advances, such as AI.
• Changes to give the UK government greater flexibility to recognise new or updated EU product regulations. An example of this is the CE marking.
• Changes to compliance and enforcement.

The key takeaway though is that we won't know the full details until the secondary legislation is published.

What might be the consequences of non-compliance with the new regime?

Under the current regime, the enforcement of product and metrology regulation is covered in many different pieces of legislation. The Bill proposes that existing enforcement provisions can be rationalised and allows for powers for enforcing bodies, and more civil sanctions. The Bill proposes greater data sharing between regulators and market surveillance authorities to better enable government to tackle non-compliance.

Once enacted, the Bill will be enforced by designated regulatory bodies. Non-compliance could lead to significant penalties, including fines and restrictions on market access.

What is happening in the EU with regard to product safety legislation?

The EU has completed its review of product safety legislation and the General Product Safety Regulation 2023/988 came into force 13 December 2024. Affected businesses should already be complying with the new regime when placing consumer products on the EU market. See our article for more details here.

Where can you read more about the Bill?

You can follow the progress of the Bill on the UK Parliament website. The Explanatory Notes, available in the Publications tab of the website, set out the policy background to the Bill and commentary on specific clauses.

Do you want to know more about the Bill and how it might impact on your business?

Simply reach out to Ashley Borthwick or Sarah Daun.