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Whether you manufacture, import or sell, you need to know what regulations apply to your products. Making sure you meet product safety requirements helps you avoid potential product liability claims. Understanding specific product regulations and licensing requirements reduces the risk of any enforcement action against you.

Product safety and product liability

If you manufacture, import or sell products, you have responsibilities for product safety. Primary responsibility generally falls on the manufacturer or importer, but retailers also have a duty to take reasonable steps to ensure that the products they sell are safe. If you put unsafe products on the market you could face prosecution. You could also face a product liability lawsuit from anyone who has suffered loss or been harmed by defective products you supplied.

While many products cannot be entirely without risk, consumer products should be as safe as people are reasonably entitled to expect. Many products are also covered by specific safety regulations. For example, there are specific requirements for children’s toys and fireworks, while various health and safety regulations apply to potentially dangerous equipment used by businesses and so on. You may also want to ensure that any products you manufacture or supply meet relevant product standards.

Exporters should also take into account local product safety and product liability laws in their overseas markets. Whether you sell in the UK or overseas, you may want to consider product liability insurance to help limit your risk.

Product regulations and licensing requirements

Various products and types of business are covered by other product regulations and licensing requirements. These often reflect safety concerns, consumer protection or environmental issues.

For example, restaurants and food producers are covered by food safety regulations and typically need to be registered with the local authority. Businesses that offer consumer credit must be licensed. Manufacturers of electrical equipment need to comply with regulations restricting the use of hazardous substances (RoHS) and imposing responsibilities for the recycling of waste equipment (WEEE).

Your trade association should be able to provide information on the specific regulations and licensing requirements applying to your business. You may also want to contact your local authority and business support organisations, or to take professional advice.

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