National Trading Standards – Labelling of Footwear

This guidance is for England, Scotland & Wales

Footwear must be labelled with an indication of the main material from which the upper, lining and sock, and outer sole are made in the form of either pictograms (symbols) or words.

The label should be attached to at least one item of footwear per pair and it may also appear on the packaging.

What do the Regulations cover?

The Footwear (Indication of Composition) Labelling Regulations 1995 apply to footwear of all descriptions ranging from simple sandals to thigh-length boots, with the exception of:

  • second-hand or worn footwear
  • protective footwear
  • footwear containing asbestos
  • footwear intended for use in play (for example, fancy dress) by children under 14

Who is responsible for the labelling?

It is the responsibility of the manufacturer or importer to ensure that footwear is correctly labelled and to supply accurate labels that are not misleading.

It is the responsibility of the retailer to ensure that the footwear they sell is labelled correctly, in accordance with the Regulations. It is therefore recommended that retailers have a system in place for checking footwear labelling before it goes on sale, and that these checks are recorded. Retailers can get information about the composition of footwear they sell from manufacturers or importers.

Labelling requirements

The label must state, in English or in a clear pictogram form, what material makes up 80% of:

  • the surface area of the upper
  • the surface area of the lining and sock (this means the lining of the upper and the insole, which constitutes the inside of the footwear article)
  • the outer sole

Where there are multiple materials used the two main materials in the composition of the footwear must be stated.

The label must be attached to at least one item of footwear in each pair and may be affixed by way of printing, sticking, embossing or use of an attached label; it must be visible, securely attached and accessible. The label may be on the packaging but it must also appear on the footwear itself.

If pictograms are used in a retail shop a notice must be displayed that explains to consumers what the symbols mean. The notice must be large enough so that the information can be seen and understood by consumers.

If pictogram labels are used where footwear is sold from a place consumers do not have access to (for example, mail order or internet sales) the consumer must be clearly informed of the meaning of the pictograms used.

Table showing the written indications or pictograms concerning the parts of the footwear:

Parts of footwear
upper: Footwear upper label
lining and sock: Footwear lining and sock label
outer sole: Footwear outer sole label

Table showing the written indications or pictograms concerning the materials used in footwear composition:

Materials used
leather: Footwear leather label
coated leather: Footwear coated leather label
textile: Footwear textile label
other materials: Footwear other materials label

Penalties

Failure to comply with trading standards law can lead to enforcement action and to sanctions, which may include a fine and/or imprisonment.

Key legislation

Footwear (Indication of Composition) Labelling Regulations 1995

Consumer Protection from Unfair Trading Regulations 2008

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National Trading Standards – Toys

This guidance is for England, Scotland & Wales

There are a number of labelling requirements for toys, including the name and address of the manufacturer / importer, the type, batch, model or serial number, the CE mark, and warnings and instructions.

The Toys (Safety) Regulations 2011 set out the legal requirements for the safety of new toys supplied by a business. Toys are defined as “products designed or intended (whether or not exclusively) for use in play by children under 14 years old”.

Toys that are second-hand do not need to be labelled with the CE mark or the address of the manufacturer or distributor, but they must still be safe. The special warnings and instructions are required for both second-hand and new toys.

Labelling

All new toys that you supply in the course of a business must be marked with:

  • the name and address of the manufacturer, or if the manufacturer is outside of the EU the name and address of the manufacturer and the importer
  • type, batch, serial or model number
  • the CE mark

CE mark

The CE mark is a declaration by the manufacturer that the toy is safe.

These marks must be on the toy or its packaging and be permanent and easy to read.

On small toys these marks may be on:

  • a label attached to the toy
  • an accompanying leaflet

Warnings & instructions

Some toys must come with warnings and instructions about precautions that need to be taken to ensure safe use. Special warnings are required as follows (and where specific instructions are required, you should seek further advice or refer directly to the Regulations):

  • toys that are not suitable for children under three require a warning to this effect, plus the reason why – for example, choking hazard. This can be in the form of a pictogram or words
    Unsuitable for under-threes mark
    – this symbol should never be found on toys that are suitable for children under three, such as rattles, teethers and soft-bodied toys
  • swings, slides and similar toys require instructions for assembly and for periodic checks and maintenance
  • ‘functional’ toys (those that are used in the same way as, and are often scale models of, appliances or installations intended for adults) require the following marking: ‘Warning: to be used under the direct supervision of an adult’. They also require specific safety instructions and an indication that they must be kept out of the reach of very young children
  • toys containing inherently dangerous substances or preparations (such as chemical toys) require specific safety instructions, a statement of a minimum age limit for use and a statement that the toy is to be used under adult supervision. Where appropriate, additional requirements as to labelling and packaging may apply under EU Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures
  • toys such as skateboards or skates require specific instructions and the following marking: ‘Warning: protective equipment should be worn. Not to be used in traffic’
  • toys for use in the water (such as rubber rings) require the following marking: ‘Warning: only to be used in water in which the child is within its depth and under adult supervision’

Second-hand toys

Toys that are second-hand are covered by the General Product Safety Regulations 2005 – rather than the Toys (Safety) Regulations 2011 – and as such do not need to be labelled with the CE mark or the address of the manufacturer or distributor, although they must still be safe. The special warnings and instructions (see above) are required for both second-hand and new toys.

You are advised to only sell second-hand toys that are CE marked, contain any relevant instructions or warnings and have been checked for any obvious faults.

Your responsibilities

When you have reason to believe a toy is unsafe and presents a risk – for example, you receive a complaint that a toy has injured a child – you must:

  • inform trading standards and your supplier of the risk
  • withdraw the toy from sale, if appropriate
  • provide trading standards with information about:
    – the risk presented by the toy
    – the non-compliance in question
    – any actions taken

Your local trading standards service may request cooperation in relation to any action undertaken.

You must ensure that whilst a toy is under your responsibility the conditions under which it is stored or transported will not jeopardise the toy’s safety.

Finally, for a period of 10 years, you must be able to identify the business that supplied you with the toy (in other words, you need to keep invoices etc).

Penalties

Failure to comply with trading standards law can lead to enforcement action and to sanctions, which may include a fine and/or imprisonment.

Key legislation

General Product Safety Regulations 2005

EU Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures

Toys (Safety) Regulations 2011

PLEASE NOTE

The information is intended for guidance only; only the courts can give you an authoritative interpretation of the law.

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National Trading Standards – Imported feed & food controls

This guidance is for England

For the purposes of imported feed and food controls, feed and food is classed as either a product of animal origin (POAO) or feed / food of non-animal origin (FNAO). There are different legislative controls for feed and food entering the UK, depending on whether it is coming from within the European Union (EU) or from a third country (that is, a non-EU country). Personal imports are subject to separate controls, no matter where they come from.

All importers must be identified, registered or approved as feed / food business operators (FeBOs / FBOs) and as such included in official controls.

Products of animal origin (POAO)

POAO include, for example, fresh meat, meat products, meat preparations, dairy products, fishery products, shellfish, egg products, honey, snails, insects and fishmeal used in animal feed.

Imported POAO are likely to be illegal if they are not presented to a border inspection post (BIP) for official controls to be carried out and/or if they do not comply with public or animal health requirements – for example, by being contaminated with veterinary residues.

Feed / food of non-animal origin (FNAO)

FNAO includes all other products or materials not fitting into the category of POAO. Imports of certain ‘higher-risk’ FNAO can only enter the UK through specific ports and airports that are approved as designated points of entry (DPEs), where official controls will be carried out.

In a similar way, certain FNAO subject to safeguard measures can only enter the UK at designated points of import (DPIs). A ‘higher-risk’ product is feed or food that is either a known, or an emerging, risk to animal or public health.

Details of such high-risk products can be found on the Food Standards Agency (FSA) website.

Summary of import controls

Whilst the majority of feed and food that is imported into this country is perfectly legal, wholesome and safe, it is important to have effective official controls in place to ensure that consumers and businesses are protected from contaminated products, unfair trading practices and fraud.

Feed or food produced legally by one EU Member State may be freely exported to other Member States without any specific checks being carried out at the ports. In a similar way feed or food imported legally from a third country into one Member State can then be freely distributed throughout the EU without further checks. This is the principle of the EU as a customs union, allowing intra-EU trade to be free from checks at the point of entry.

POAO imported from third countries are subject to the most stringent controls. These can only be imported from approved third countries and, with some exceptions such as honey, from an approved establishment. They must be accompanied by health certificates signed by the relevant ‘central competent authority’ for the third country to verify that they have been produced in equivalent standards to those in the EU and can only be imported via an approved BIP where the feed or food is subjected to veterinary checks by the appropriate authorised officer.

FNAO are not subject to the same level of import controls. However, certain ‘high risk’ FNAO from third countries can only be imported into the EU via DPEs or DPIs and may be required to be accompanied by health and analytical certificates. Once the feed or food has been subjected to official controls a ‘common entry document’ (CED) is issued, which must accompany the food to the first destination inland.

Personal imports of POAO and FNAO from third countries are subject to strict controls and imports of meat and dairy products from these countries are banned. Further details on personal imports may be found on the GOV.UK website.

Third country (non-EU) representatives

EU Regulation (EC) No 183/2005 laying down requirements for feed hygiene requires, amongst other things, that feed business establishments are registered or approved  within their own territories. However, third-country animal-feed establishments that import into the EU certain additives, premixtures of additives and compound feeds containing them are required to have a representative within the EU. For example, this may be an importer of feed, based in the UK, who has secured sole selling rights for a particular feed.

Only one representative in the EU is required for each third-country establishment. It is therefore possible that the third-country establishment may have previously appointed a representative in another Member State. UK feed business operators should ascertain if this is in fact the case, and if not obtain the details necessary to fully complete the model declaration form.

More information relating to third-country animal-feed establishment representatives – including the list of third-country representatives, which is continually updated – can be found on the FSA website. Representatives should make their application to the Member State authority where they are based. In the UK this is the Food Standards Agency.

Legislative framework

The legislative framework that covers the importation of feed and food is complex but must be understood by importers. It may best be considered in terms of the nature and origin of the product or material in question.

Feed & food imported from within the EU

Feed and food originating from another Member State is subject to the same legislative controls and safeguards as feed or food produced in the UK. Such feed or food should be safe, as defined in EU Regulation (EC) No 178/2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety. It should be labelled in accordance with EU Regulation (EU) No 1169/2011 on the provision of food information to consumers or EU Regulation (EC) No 767/2009 on the placing on the market and use of feed and should have been handled in accordance with the hygiene regulations on feed and food (see ‘Key legislation’ below).

Feed & food imported from third countries: POAO

POAO may only be imported into the EU in accordance with EU Directive 97/78/EC laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries. This Directive sets out the requirements for veterinary checks and the issue of CVEDs. Under EU Regulation (EC) No 882/2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules the local authority or food authority is designated as the competent authority in relation to enforcement and execution under relevant legislation.

Feed & food imported from third countries: FNAO

The import conditions relating to FNAO from third countries are provided by EU Regulation (EC) No 882/2004. This Regulation requires that the competent authority undertakes official controls on FNAO at the point of entry of the feed or food into the EU or at any stage during distribution. These official controls should include documentary, identity and, where appropriate, physical checks of the feed or food. Any suspect feed or food that is detained by the competent authority, and any feed or food that fails to meet the requirements of EU law, should be destroyed, re-dispatched, used for a non-food purpose or subjected to special treatment to render it lawful.

Particular care must be taken by food importers, in relation to their legal obligations, in terms of food that is imported but fails to meet the requirements of EU law and is subsequently diverted for use as animal feed. Food imported under such circumstances would then be “intended for use in oral animal-feeding” and therefore designated as a ‘feed’; the requirements of EU Regulation (EC) No 767/2009 then apply, in particular the labelling requirements relating to placing a feed on the market.

Further information

Further information, including advice and guidance on import and export, can be found on the Food Standards Agency website.

Penalties

Failure to comply with trading standards law can lead to enforcement action and to sanctions, which may include a fine and/or imprisonment.

Key legislation

EU Directive 97/78/EC laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries

EU Regulation (EC) No 178/2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety

EU Regulation (EC) No 852/2004 on the hygiene of foodstuffs

EU Regulation (EC) No 882/2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules

EU Regulation (EC) No 183/2005 laying down requirements for feed hygiene

EU Regulation (EC) No 767/2009 on the placing on the market and use of feed

EU Regulation (EC) No 1069/2009 laying down health rules as regards animal by-products and derived products not intended for human consumption (Animal by-products Regulation)

Trade in Animals and Related Products Regulations 2011

EU Regulation (EU) No 142/2011 implementing Regulation (EC) No 1069/2009 and Directive 97/78/EC

EU Regulation (EU) No 1169/2011 on the provision of food information to consumers

Animal Feed (Composition, Marketing and Use) (England) Regulations 2015

PLEASE NOTE

The information is intended for guidance only; only the courts can give you an authoritative interpretation of the law.

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We are hiring! – Job – Team Member – Bookkeeper

Team Member – Bookkeeper

Storeship Ltd are one of the leading Fulfilment Houses based in the UK. Our customers demand the very best from us to fulfil their online orders accurately whilst being cost effective. We have recently moved into more suitable premises in Nottingham and are looking to strengthen the team.

We are now looking for an experienced Bookkeeper to manage our day-to-day accounting and finance requirements. Confidentiality, excellent organisation skills and accuracy are important qualifications for this position, as well as good customer relations and the ability to communicate clearly. The ideal candidate for this position is a skilled multi-tasker, is reliable and is committed to consistently meeting deadlines. An Administration Assistant will report into this position.

You will be qualified to AAT Technician level or equivalent. We will consider applications from experienced candidates either from an Accountancy Practice background or industry.

Main duties will include;

  • Sales and Purchase Ledger, including all reconciliations and payments.
  • Banking, reconciliations, payments, receipts, direct debits and queries.
  • Setting up of customer accounts on our internal system. Billing and invoicing as appropriate.
  • Reconciliation of postage accounts including Royal Mail, UK Mail and DHL. Amendments where necessary.
  • Update internal systems with various cost prices.
  • Charge and allocate Import Duty Taxes to relevant customers.
  • Weekly for 10 people. To include starters, leavers, processing hours, payments, pension scheme deductions, holidays. Calculate and pay PAYE and NI payments. Year end reconciliation.
  • Quarterly VAT return reconciliation and payment.
  • Calculating weekly flash forecasts, monthly management accounts and cashflow forecasting.
  • Credit Control, this is a small but important function as most of our business does not have debtors.
  • Petty cash management.
  • Other adhoc duties as required.

You will have knowledge and experience of;

  • Xero Accounting or similar cloud based accounting software.
  • MS Office including Word and Excel.
  • Online payment systems i.e. Paypal, Transferwise
  • 5 years’ of working in a similar function.
  • A strong understanding of accounting principles and concepts.
  • Accurate data entry, record keeping and PC’s.

The position will be based around 20-30 hours per week over 5 days. We are negotiable on starting times.

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National Trading Standards – Safety of products: due diligence

This guidance is for England, Scotland & Wales

If you are a wholesaler or retailer the steady rise in counterfeit and illegal products available in the UK makes purchasing products increasingly complex.

The implications of purchasing or supplying products that are unsafe are far reaching and in some cases the results can be fatal. With this in mind how can you be sure that products are what they say they are and do what they say they can do?

Many consumer protection laws include ‘strict liability’ offences where it does not matter that the person accused did not intend to break the law. In order to create a balance of fairness specific due diligence defences are normally included in strict liability consumer protection laws.

To use this defence a person must prove that they took all reasonable precautions and exercised all due diligence to avoid an offence being committed.

Due diligence principles

These broad principles have been drawn from past views of the courts on what due diligence involves:

  • sitting back and doing nothing is unlikely to enable a person to create a defence
  • the nature of the necessary action will depend upon the individual circumstances
  • taking reasonable steps or precautions involves setting up a system of control that has regard to the risks involved
  • all reasonable steps or precautions should be taken; the defence fails where there was a reasonable step or precaution that could have been taken but was not
  • what is reasonable depends on the particular circumstances; one factor will be size of the business concerned
  • the control system must cover all aspects of the business affected by the legislation
  • due diligence means ensuring the proper operation of the system
  • the operation of the system should be kept under review and be amended as necessary

Any due diligence system should be written down so that it can be followed and any issues raised should be coordinated in one department or section, or by one person who has overall responsibility for the system.

A formal quality management system, though only mandatory where you manufacture products such as gas appliances, electrical appliances, cosmetics or personal protective equipment, may be of value in supporting a defence of due diligence. Further advice on quality management systems is available from the Association of British Certification Bodies.

To reduce the risk of purchasing unsafe products always buy from a reputable source and follow the golden rule: if it looks too good to be true, take extra care.

CE marking

There is a legal requirement for certain products to be marked with this when placed on the market in the European Union (EU). CE marking is a key indicator of a product’s compliance with EU legislation and enables the free movement of products within the European market. By affixing the CE mark on a product a manufacturer is declaring conformity with all of the legal requirements to achieve CE marking. This may mean that there are more than one set of legal requirements that apply to a product.

CE marking may be achieved in two different ways:

  • examination by notified conformity assessment bodies. This means that the manufacturer must use a notified body (such as BSI – the British Standards Institution) to test or review the product to enable the application of the CE mark
  • self-declaration. This does not require any independent testing or review and it is therefore the manufacturer’s own statement that they believe the product meets the relevant regulations

It is the manufacturer’s responsibility to carry out the conformity assessment, to set up the technical file (including test reports and risk assessments), to issue the EC declaration of conformity and to affix the CE mark. There is no visual difference between a mandatory or self-declared CE mark and so a small business or consumer cannot tell whether the product has been tested or not. Therefore distributors must take care and must verify the presence of both the CE mark and the necessary supporting documentation.

CE mark

If a product requires a CE mark but does not have one, it is illegal to place it on the market in any of the EU member states, including the UK. However, do remember that not all products sold in the EU need to bear CE marking, so distributors must have a basic knowledge of the legal requirements. You should know what products must bear the CE mark and the accompanying documents required and should be able to identify products that are clearly not in compliance.

More information about CE marking is available on the GOV.UK website.

Test reports

So how do you, as a distributor, know that the CE mark has been affixed correctly or that the item is safe to be sold in Europe? A formal test report is the best way to verify compliance to a safety standard. There are three basic types of report available:

  • an in-house report, which means the product was tested by the manufacturer
  • a third party report, which means the product was tested by someone else
  • a third party test report issued by an accredited laboratory

All three of these are valid methods of demonstrating safety. However, the accredited test report gives a far higher degree of confidence that the tests have been carried out correctly by competent laboratory staff.

Schemes such as the Kitemark certification can demonstrate that the product has met the applicable standard and that the manufacturer has effective quality control processes in place. In addition both the factory and the product are audited on an ongoing basis to ensure the products that have the mark are safe.

To meet your due diligence requirements:

  • buy from a reputable supplier and always obtain an invoice
  • make sure the product / packaging is marked with the name and address of the manufacturer or importer
  • keep all invoices
  • ask to see proof that the product is safe (a test certificate or declaration of conformity)
  • inform your supplier about any safety complaints you receive about the product

Key legislation

Consumer Protection Act 1987

General Product Safety Regulations 2005

PLEASE NOTE

The information is intended for guidance only; only the courts can give you an authoritative interpretation of the law.

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We are hiring! – Job – Warehouse Team Member – Administrator

Warehouse Team Member – Administrator

Reporting Relationship:  Warehouse Supervisor

This is a varied role in a fast-paced environment. You will be working in a close-knit team, so team working is an essential part of your job. There may be times when you will be working alone so self-motivation is required. You will need to be computer literate and know your way around a stock / inventory system.

You will be the required to assist in all aspects of the warehouse operation. The main duties will be;

  • Customer Service, including answering the Storeship main line, allocate calls quickly professionally and efficiently,
  • Respond to Customer Support Tickets in a timely manner. Either to be able to sort out issues, allocate to correct Team Member or co-ordinate with Warehouse Supervisor,
  • Produce Job Sheets from Customer requests and forward to Warehouse Supervisor e.g. Barcoding, Labelling and / or Amazon FBA requests etc,
  • Re-charging Customers for work completed. Barcoding, labels FBA requests etc,
  • Check returned Job Sheets for work requested versus work completed and then allocate payments to customer accounts for Barcoding, Labelling and / or Amazon FBA etc
  • Obtain quotations for customer postage enquiries and relay back to Customer,
  • Arrange transport of bulk orders for customers including “Booking In” requests,
  • Audit various Postage, Courier and Pallet Haulage Supplier Invoices and reconcile against Storeship Customer Orders and Charges. Investigate discrepancies and ensure billing is accurate,
  • Assisting in raising claims for Loss of Goods in Transit,
  • Reconcile Packaging Purchase Invoices against Storeship Database rates,
  • Book deliveries in to “Goods In” diary,
  • To pick orders accurately, package items to customer requirements and dispatch timely.
  • Light kitting, order preparation.
  • Any other duties as assigned by a senior member of staff.

You will need to have a positive attitude and a good sense of humour. The work can be quite physically demanding at times, with lifting of parcels that can be up to 20kgs, so a good state of health is required.

You will need a wide range of skills for this position including, accurate and professional data entry skills, excellent communication skills as this position requires the job holder to communicate with various departments ensuring swift and efficient responses to enquiries. Be vigilant and maintain company security and health and safety standards

Key skills include:

  • Communication,
  • Motivation,
  • Accuracy,
  • Efficiency,
  • Computer and scanning devices literacy,
  • Customer Service.

Qualifications and experience

  • Work experience in a warehouse environment is desirable but more importantly an enthusiastic approach and a mature attitude and a willingness to learn is imperative.
  • Computer literacy, as demonstrated by previous experience and Storeship data entry test,
  • Experience of Customer Service, clear and efficient telephone manner,
  • Strong interpersonal communication skills and the ability to establish and maintain effective working relationships,
  • Effective communication skills both verbal and written.

This is a full-time permanent position. Hours are 37.5 per week + benefits + ongoing development. Additional hours may be required to meet deadlines.

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WTM – Interview Shortlist Questions

Thank you for applying for the position of Team Member - Bookkeeper.
The response has been overwhelming! We now need to ask you the following questions to take the recruitment process further.
Please complete the form in full.
Please check your answers before submitting.
These questions and this stage of the recruitment process will close on Friday 29th March @ 4pm.
Successful candidates will be notified by Monday 1st April 2019 for interview the following week.
Thank you

Thank you for taking the time in completing this form. Due to the number of applications we will contact successful candidates only.

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National Trading Standards – Electrical Products

This guidance is for England, Scotland & Wales

Electrical equipment designed for use between 50-1,000 volts AC or 75-1,500 volts DC must be safe, constructed in accordance with principles constituting good engineering practice and conform to specific regulatory safety objectives.

If the electrical equipment complies with a harmonised European standard, it is automatically taken to be safe. There are specific requirements for the manufacturer of the product, including affixing the CE mark, drawing up and holding an EC declaration of conformity, and keeping technical information for inspection purposes.

Electrical equipment is required to comply with the Electrical Equipment (Safety) Regulations 2016. The Regulations therefore apply to electrical equipment that is designed to be connected to a domestic mains electricity supply, as well as to some industrial equipment.

Components of electrical equipment are also covered if they are to be supplied as separate items.

Second-hand items (including items for hire and equipment supplied as part of a furnished accommodation) are required to satisfy the principal elements of the safety objectives only. They are not required to be CE marked etc.

Principal safety objectives

Electrical equipment must:

  • be constructed in such a way to ensure that it can be used safely and for the purpose that it was made
  • be in conformity with the safety objectives contained in Part 2 of and Schedules 1 and 2 to the Regulations, including:
    – being marked in accordance with the requirements set out below so that it can be easily traced
    – designed so that the equipment, including its component parts, can be safely and properly assembled and connected
    – instructions and information required for the equipment to be used safely must be marked on the equipment or in an accompanying notice
    – operate at a safe temperature with no dangerous arcing or radiation
    – have adequate insulation for foreseeable conditions
    – have the right technical information available, demonstrating compliance with CE marking requirements and a ‘declaration of conformity’

Satisfying the principal safety objectives

Manufacturers must have adequate internal production control (quality assurance) as a means of satisfying conformity, achieved through taking responsibility for the technical documentation and monitoring manufacturing processes. Either the manufacturer or (by written mandate) the authorised representatives should draw up a declaration of conformity in accordance with Schedule 8 to the Regulations and apply the CE mark (as below).

If the electrical equipment complies with a harmonised European standard, there is a presumption that it meets the principal safety objectives. If there is no relevant harmonised European standard, compliance with international standards will be sufficient. If there are no relevant international standards, compliance with a national standard will be sufficient provided that standard includes everything in the principal safety objectives.

Labelling & records

A manufacturer or their authorised representative within the European Economic Area (EEA) must do the following.

Ensure that the electrical equipment bears a type, batch or serial number or other element allowing its identification.

Indicate on the electrical equipment the manufacturer’s name, registered trade name or registered trade mark and the postal address at which they can be contacted. If it is not possible to indicate these on the equipment itself, then it may be indicated on the product packaging or accompanying documents. These have to be legible and easily understood by the end users and market surveillance authorities. In the UK it must be in English.

Affix a CE mark to the equipment, the packaging, instruction sheet or guarantee certificate. The CE mark is a declaration that the equipment complies with the Regulations.

CE mark

Draw up and hold an ‘EC declaration of conformity’, which should contain:

  • product model, type, batch or serial number(s) to which the declaration of conformity applies (for traceability purposes)
  • the name and address of the manufacturer or their authorised representative
  • a description of the electrical equipment (may include a colour image where necessary for the identification of the electrical equipment)
  • a reference to the harmonised standards used to assess compliance (if no harmonised standard, then a reference to other specifications)
  • identification of the person who will enter into commitments on behalf of the manufacturer or authorised representative (if appropriate)
  • the place and date of issue

Compile and hold technical documentation, which should contain:

  • a general description of the electrical equipment
  • the conceptual design, manufacturing drawings, details of components, etc along with information to help interpretation of these
  • a list of the standards with which the electrical equipment complies; or, if standards were not used, a description of what has been done to ensure compliance with the general safety requirement
  • results and reports of tests, examinations, calculations, etc

Obligations of importers & distributors

Importers must not place any electrical equipment on the market unless they have assurances that it complies with the principal safety objectives and ensure that the manufacturers have met all their obligations in relation to conformity assessment procedures, technical documentation, CE marking and labelling requirements. This must be made available to an enforcing authority on request.

Importers must also indicate on the electrical equipment their name or registered trade mark and a postal address at which they can be contacted. If it is not possible to put all the information on the equipment itself, importers can put their full name or trademark and details on the packaging instead.

Distributors have a responsibility to ensure that instructions and safety information accompany the electrical equipment before placing it on the market. They must also check with the importer that the manufacturer of the electrical equipment has met their obligations with regard to the labelling requirements. Distributors must check that the electrical equipment bears a label that correctly identifies the importer.

Obligations of manufacturers & importers

Manufacturers and importers have additional obligations; they must:

  • carry out sample testing of electrical equipment made available on the market
  • investigate and keep a register of complaints, of non-conforming electrical equipment and electrical equipment recalls
  • keep distributors informed of any such monitoring

Who should keep the documentation?

The declaration of conformity and the technical documentation must be kept and be available for inspection by enforcement bodies (including trading standards) by:

  1. the manufacturer, if they are in the EEA
  2. their authorised representative, if they are outside the EEA
  3. if neither of the above, the importer into the EEA

These must be kept for a period of 10 years beginning on the day on which the electrical equipment is placed on the market.

Safe connection for domestic electrical equipment

If the electrical equipment is a plug-in device (such as a charger) intended to be connected, without the use of a mains lead or plug, directly to the United Kingdom public electricity supply via a socket outlet conforming to BS 1363: A plugs, socket-outlets, adaptors and connection units, the economic operator must ensure that the plug-in device is compatible with socket outlets conforming to BS 1363.

Where the electrical equipment has a flexible lead and plug assembly, such as a vacuum cleaner, and is intended to be connected to the United Kingdom public electricity supply by means of a socket outlet conforming to BS 1363, the economic operator must ensure that that plug is a correctly fitted standard plug fitted with a BS 1362 fuse, or is a correctly fitted non-UK plug conforming to the safety provisions of IEC 884-1 and correctly fitted with a compatible conversion plug.

Other CE-marking regulations that may apply

  • Medical Devices Regulations 2002 (further information is available from the Medicines and Healthcare products Regulatory Agency, telephone 020 3080 6000)
  • Supply of Machinery (Safety) Regulations 2008
  • Toys (Safety) Regulations 2011 (also contain a general safety requirement)
  • Electromagnetic Compatibility Regulations 2016 (contain provisions prohibiting electromagnetic emissions from electrical equipment interfering with the operation of other equipment)
  • Radio Equipment Regulations 2017

Penalties

Failure to comply with trading standards law can lead to enforcement action and to sanctions, which may include a fine and/or imprisonment.

Key legislation

Medical Devices Regulations 2002

Supply of Machinery (Safety) Regulations 2008

Toys (Safety) Regulations 2011

Electrical Equipment (Safety) Regulations 2016

Electromagnetic Compatibility Regulations 2016

Radio Equipment Regulations 2017

PLEASE NOTE

The information is intended for guidance only; only the courts can give you an authoritative interpretation of the law.

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National Trading Standards – Tobacco & nicotine inhaling products

This guidance is for England

Certain products cannot be sold to persons below a legal minimum age; for tobacco and nicotine inhaling products this legal minimum age is 18.

A packet of cigarettes must contain a minimum of 20 cigarettes and must only be sold in its original packaging. A notice must be displayed stating ‘It is illegal to sell tobacco products to anyone under the age of 18’.

Tobacco products must not be on display in-store and there are also restrictions on how prices and price lists are displayed.

Young people should always be asked for proof of their age.

What is meant by tobacco, tobacco products & nicotine inhaling products?

‘Tobacco’ is defined as including cigarettes, any product containing tobacco for oral or nasal use (for example, snuff) and smoking mixtures used as a substitute for tobacco (for example, herbal cigarettes). ‘Cigarettes’ include cut tobacco rolled up in paper, tobacco leaf and other material in a form that is capable of being immediately used for smoking.

A ‘tobacco product’ is defined as “a product consisting wholly or partly of tobacco and intended to be smoked, sniffed, sucked or chewed”.

A ‘nicotine inhaling product’ means a nicotine inhaling device (used to inhale nicotine through a mouth piece), nicotine cartridge (contains nicotine and forms part of a nicotine inhaling device) or nicotine refill substance (generally known as e-liquid). Nicotine inhaling devices are commonly referred to as ‘e-cigarettes’ and the law covers both disposable and rechargeable types.

Age restriction on the sale of tobacco products

The law states that it is an offence for any person to sell any tobacco products (including cigarette papers) to a person under 18, whether or not it was for their own use. This is a strict liability offence, which means the owner of the business can be held responsible as well as the member of staff who made the sale. If you are charged with this offence, you have the defence that you took all reasonable precautions and exercised all due diligence to avoid committing the offence. This is commonly known as the ‘due diligence’ defence. The ‘Keeping within the law’ section of this guide includes steps that can be taken to provide a ‘due diligence’ defence.

You must display a notice that states:

IT IS ILLEGAL TO SELL 
TOBACCO PRODUCTS 
TO ANYONE UNDER
THE AGE OF 18

The notice must be displayed in a prominent position and be easily visible at the point of sale. The notice must be no less than 297 mm x 420 mm (A3) and the characters must be no less than 36 mm in height. Your local trading standards service or your tobacco supplier may be able to provide a notice for you to use. It is an offence if you do not have the required notice on display, although the ‘due diligence’ defence is available to you.

Age restriction on the sale of nicotine inhaling products

A person who sells a nicotine inhaling product to someone under 18 commits an offence. This is a strict liability offence; the owner of the business can be held responsible as well as the member of staff who made the sale.

There is an exception for nicotine inhaling products that are licensed as medicines or medical devices. This exemption only applies to the extent to which the product is authorised.

If you sell e-cigarettes and associated devices you might want to display a poster advising customers that you will not sell to under-18s:

If I sell e-cigarettes or
nicotine refills to
people under 18 …
TRADING STANDARDS
WILL PROSECUTE ME

Note: unlike the tobacco poster, this is NOT a legal requirement and is simply suggested wording.

Age of the person making the sale

If you employ children in your business, it is not illegal for them to sell tobacco products, provided of course that the customer is not under 18. However, leaving unsupervised children selling tobacco is not recommended as they may find it difficult to refuse customers in their own age group.

Persistent sales to under-18s

If you are convicted of selling tobacco or nicotine inhaling products to persons under 18, and at least two other offences occurred in the preceding two years relating to the same premises, trading standards can make an application to a Magistrates’ Court for a restricted premises order and/or a restricted sales order.

A restricted premises order prohibits the sale from the premises of any tobacco, cigarette papers or nicotine inhaling products to any person, by you or any of your staff for a period of up to one year. You are entitled to make representations to the court as to why they should not grant the order.

A restricted sales order prohibits a specified person who has been convicted of a tobacco or nicotine offence from selling any tobacco, cigarette papers or nicotine inhaling products to any person and from having any management function related to the sale of tobacco, cigarette papers or nicotine inhaling products for a period of up to one year.

Offences are committed if a person sells tobacco, cigarette papers or nicotine inhaling products when a restricted premises order is in place or if a person fails to comply with a restricted sales order.

Proxy purchase of tobacco & nicotine inhaling products

An adult who buys or attempts to buy tobacco, cigarette papers or nicotine inhaling products on behalf of someone under 18 commits an offence. This is called ‘proxy purchasing’.

It is the buyer and not the trader who commits an offence under these circumstances. However, be aware of young people loitering outside your premises; they may ask adult customers to buy tobacco, cigarette papers or nicotine inhaling products for them. You may wish to refuse such sales.

Is it legal to sell single cigarettes?

No. A packet of cigarettes must contain a minimum of 20 cigarettes. It is an offence to sell cigarettes to any person other than in their original package. This means you must not split a pack and sell in lesser quantities.

Can tobacco be sold from vending machines?

No. Under the Protection from Tobacco (Sales from Vending Machines) (England) Regulations 2010, the sale of tobacco from an automatic vending machine is prohibited. If a sale takes place, the person who controls, or is concerned with the management of the premises where the automatic vending machine is located, commits the offence.

Any machines still on the premises can only be used for storage where the public do not have access to them (such as behind the bar) and must not display any advertising material.

Display & price marking of tobacco products

Under the Tobacco Advertising and Promotion (Display) (England) Regulations 2010, you are required to cover your display of tobacco products. It is an offence to display tobacco products unless a specific request to purchase tobacco has been made to you by a person aged 18 or over. It is NOT an offence to display tobacco-related accessories such as cigarette papers.

If you are charged with an offence where a requested display was to a person under 18, you have the defence that you believed the person was 18 or over and you had taken all reasonable steps to establish their age or from their appearance no-one could reasonably have suspected that the person was under 18. Taking ‘all reasonable steps’ means asking the person for evidence of their age and the evidence would convince a reasonable person. If you are charged with an offence of causing the display of a tobacco product, you have the defence available that you exercised all due diligence to avoid committing the offence.

There are also strict requirements relating to the manner in which tobacco products are price-marked, as set out in the Tobacco Advertising and Promotion (Display of Prices) (England) Regulations 2010; there are only three forms of lists and labels that are allowed (see paragraphs 49-62 of the detailed guidance linked to below).

There are specific rules for bulk and specialist tobacconists (see paragraphs 38-39 and 60-62 of the detailed guidance).

Cigarette lighter refills

Under the Cigarette Lighter Refill (Safety) Regulations 1999 it is an offence to supply any cigarette lighter refill canisters containing butane to anyone under 18. This is because of the potential for abuse by ‘sniffing’ the gas, which can be extremely dangerous.

Matches & lighters

It is not illegal to sell matches or lighters to children. However, it is recommended that you do not sell these items to children, who are unlikely to have a legitimate use for them.

Defences

If you are charged with any of the offences detailed above, you have the defence that you took all reasonable precautions and exercised all due diligence to avoid committing the offence. For age-restricted products such as tobacco this generally means that you believed the person was aged 18 or over and you had taken all reasonable steps to establish their age or that from their appearance no-one could reasonably have suspected that the person was under 18. Taking ‘all reasonable steps’ means asking the person for evidence of their age and that the evidence would convince a reasonable person.

Keeping within the law

In order to keep within the law and therefore satisfy the legal defences, you should introduce an age verification policy and have effective systems to prevent sales and display to under-18s. These systems should be regularly monitored and updated as necessary to identify and put right any problems or weaknesses, and to keep pace with any advances in technology.

Key best practice features of an effective system include:

Age verification checks

Always ask young people to produce proof of their age. The Chartered Trading Standards Institute, the Home Office and the National Police Chiefs’ Council support the UK’s national Proof of Age Standards Scheme (PASS), which includes a number of card issuers. You can be confident that a card issued under the scheme and bearing the PASS hologram is an acceptable proof of age.

A passport or UK photocard driving licence is also acceptable but make sure that the card matches the person using it and the date of birth shows they are 18 or over. Military identification cards can be used as proof of age but, as with other forms of identification, make sure that the photo matches the person presenting the card and check the date of birth. Be aware that military identification cards can be held by 16 and 17-year-old service people.

Some young people may present false identification cards so it is advisable to also check the look and feel of a card. For example, the PASS hologram should be an integral part of a PASS card and not an add-on.

If the person cannot prove they are 18 or over, or if you are in any doubt, then the sale should be refused.

Please see the Home Office False ID Guidance for more information.

Operate a Challenge 21 or Challenge 25 policy

This means that if the person appears to be under 21 or 25, they will be asked to verify that they are 18 or over by showing valid proof of age.

Staff training

Make sure your staff are properly trained. They should know which products are age restricted, what the age restriction is and the action they must take if they believe a person under 18 is attempting to buy. It is important that you can prove your staff have understood what is required of them under the legislation. This can be done by keeping a record of the training and asking the member of staff to sign to say that they have understood it. These records should then be checked and signed on a regular basis by management or the owner.

Maintain a refusals log

All refusals of tobacco and tobacco products should be recorded (date, time, incident, description of potential buyer). Maintaining a refusals log will help to demonstrate that you actively refuse sales and have an effective system in place. Logs should be checked by the manager / owner to ensure that all members of staff are using them.

Some tills have a refusals system built in. If using a till-based system, you should ensure that refusals can be retrieved at a later date. You should also be aware that some refusals are made before a product is scanned.

Till prompts

If you possess an EPoS system then it may be possible to use it to remind staff of age restrictions via a prompt. Alternatively, stickers can be used over certain product barcodes.

You should note that till prompts will not help you prevent offences under the Tobacco Advertising and Promotion (Display) (England) Regulations 2010 as the scan and prompt takes place after the display has been made.

Signage

You must display the legally required tobacco notice (see ‘Age restriction on the sale of tobacco products’ above). This should deter potential purchasers and act as a reminder to staff.

Closed circuit television (CCTV)

A CCTV system may act as a deterrent and reduce the number of incidents of underage sales.

Penalties

Failure to comply with trading standards law can lead to enforcement action and to sanctions, which may include a fine and/or imprisonment.

Key legislation

Children and Young Persons Act 1933

Children and Young Persons (Protection from Tobacco) Act 1991

Cigarette Lighter Refill (Safety) Regulations 1999

Tobacco Advertising and Promotion Act 2002

Protection from Tobacco (Sales from Vending Machines) (England) Regulations 2010

Tobacco Advertising and Promotion (Display) (England) Regulations 2010

Tobacco Advertising and Promotion (Display of Prices) (England) Regulations 2010

Children and Families Act 2014

Nicotine Inhaling Products (Age of Sale and Proxy Purchasing) Regulations 2015

Standardised Packaging of Tobacco Products Regulations 2015

PLEASE NOTE

The information is intended for guidance only; only the courts can give you an authoritative interpretation of the law.

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National Trading Standards – New Nightwear

This guidance is for England, Scotland & Wales

The Nightwear (Safety) Regulations 1985 make it an offence to supply some children’s nightwear unless it has been treated so that it conforms, after washing, to the flammability performance requirements of British standard BS 5722: Specification for flammability performance of fabrics and fabric combinations used in nightwear garments.

Note: this standard has been withdrawn by the British Standards Institution (BSI) but is still referred to in the Regulations.

The Regulations lay down labelling requirements so that purchasers can tell whether other nightwear – including adults’ – does or does not meet the flammability requirements.

Second-hand nightwear does not have to comply with these Regulations.

Children’s nightwear

Children’s nightwear means anything designed for wear by, and that would normally be worn by, a person under the age of 13 years, except:

  • night dresses with a chest measurement of more than 91 cm or a length of more than 122 cm
  • dressing gowns, bath robes and other similar garments with a chest measurement of more than 97 cm or a sleeve measurement of more than 69 cm

Children’s nightwear must comply with the flammability performance requirements of BS 5722, except the following items:

  • garments for babies up to three months old, with a chest measurement of 53 cm or less
  • pyjamas
  • cotton terry-towelling bath robes

Other nightwear

Other nightwear (including adult nightwear), babies’ garments, children’s pyjamas and children’s cotton terry-towelling bath robes must be labelled so as to inform the purchaser whether the item does or does not meet the flammability requirements of BS 5722.

If the item does not meet the requirements, it must have a label, printed in red, stating ‘KEEP AWAY FROM FIRE’. If the item meets the requirements, it must have a label with one of the following:

  • a statement in red text stating ‘KEEP AWAY FROM FIRE’
  • a statement in black text stating ‘LOW FLAMMABILITY TO BS 5722’
  • both statements in appropriate colours

Special rules apply to these items where they are advertised for sale on the internet or by mail order. If the item does not meet the flammability requirements the wording ‘KEEP AWAY FROM FIRE’ must be displayed next to the advert in a red-sided equilateral triangle. If the item does meet low flammability requirements the advert must show a green triangle with the words ‘LOW FLAM’ within it.

Treated nightwear

Any nightwear treated with flame-retardant chemicals must also have a label that states ‘DO NOT WASH AT MORE THAN 50oC. CHECK SUITABILITY OF WASHING AGENT’.

Positioning of labels

The wording described above must be given on a durable label on the inside neck of the garment or next to the label giving the size of the garment, or the wording must be given on the size label immediately following such information.

Safety standards

The General Product Safety Regulations 2005 also require goods to be safe. When assessing the safety of a product, manufacturers are encouraged to manufacture goods in accordance with European standards. The European standard BS EN 14878: Textiles. Burning behaviour of children’s nightwear. Specification contains flammability performance requirements for children’s nightwear. This covers all nightwear for children aged under 14*, including pyjamas, all dressing gowns, and babies’ garments, and introduces specific flammability requirements for these garments.

[*This is different from the age of 13 that is specified in the Nightwear (Safety) Regulations 1985.]

In principle, it is recommended that the requirements of the UK Regulations continue to be applied, where applicable. However, for garments such as children’s pyjamas and cotton terry-towelling bath robes and babies’ garments, the flammability requirements of BS EN 14878 should be applied so that suppliers meet the statutory requirements of the General Product Safety Regulations 2005 (GPSR).

The General Product Safety Regulations 2005 also cover second-hand goods, so again EN 14878 could be used to assess the safety of second-hand children’s nightwear. In common with other consumer products, these Regulations require the manufacturer to mark the product, or its packaging, with their name and address and the product reference or batch code (unless it would not be reasonable to do so).

In addition to the specific flammability requirements, nightwear must be safe in all other respects, such as avoiding strangulation, entrapment, and choking hazards caused by cords and fasteners and chemical hazards.

See ‘General product safety: distributors‘ and ‘General product safety: producers‘ for more information on the GPSR.

All nightwear must comply with the requirements of EU Regulation (EC) No 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) and therefore must not contain certain azo dyes and harmful flame retardants.

Penalties

Failure to comply with trading standards law can lead to enforcement action and to sanctions, which may include a fine and/or imprisonment.

Key legislation

Nightwear (Safety) Regulations 1985

General Product Safety Regulations 2005

EU Regulation (EC) No 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)

PLEASE NOTE

The information is intended for guidance only; only the courts can give you an authoritative interpretation of the law.

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