Product safety notification and corrective actions
Produced in partnership with Kate Corby, John Leadley and Laura Pattison of Baker McKenzie
Product safety notification and corrective actions

The following Commercial practice note Produced in partnership with Kate Corby, John Leadley and Laura Pattison of Baker McKenzie provides comprehensive and up to date legal information covering:

  • Product safety notification and corrective actions
  • Introduction
  • Notification threshold
  • Responsibility for notifications
  • Risk assessments
  • Timing of a notification
  • UK guidance on corrective action and the BSI Code of Practice
  • How to make a notification and practical issues to consider
  • Safety Gate: the rapid alert system
  • Corrective action
  • More...

Brexit: As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance, see Brexit Bulletin—key updates, research tips and resources and Brexit toolkit.

Introduction

This Practice Note describes the consumer product safety corrective action regimes in the UK, including in particular:

  1. when and how to notify relevant authorities of a product safety issue

  2. the relevant guidance on conducting risk assessments

  3. what corrective action should, or must, be taken when a product is deemed unsafe

The EU has largely harmonised product safety laws. However, product safety laws are applied and enforced by authorities at Member State level. As a result, the approach taken by the authorities in different Member States can vary to some degree. For example, Member States may take different approaches in some circumstances to whether notification is required, as well as the extent and type of any corrective action that should be taken.

Historically, the product safety authorities in the UK have not been particularly proactive. However, the enforcement environment in the UK is changing. Recent years have seen increased political and public focus on product safety, for example, following a series of house

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