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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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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National Trading Standards – General Product Safety: Distributors

This guidance is for England, Scotland & Wales

Consumer products must be ‘safe’. Safety can be assessed by the application of standards; if the product complies with a harmonised European standard, it is automatically taken to be safe. This is known as a presumption of conformity.

The General Product Safety Regulations 2005 (GPSR) provide the main basis for ensuring the safety of consumer goods by imposing certain controls. These ensure that all products intended for or likely to be used by consumers under normal or reasonably foreseeable conditions are safe.

As a retailer or wholesaler of consumer goods whose actions do not affect the safety of the goods (this is termed a ‘distributor’ under the Regulations), you will have certain obligations. These obligations also apply to businesses that hire out or supply second-hand goods or supply goods as part of a service.

Product safety

Where a product is already subject to other existing regulations (for example, toys) then those regulations will apply to that product; the GPSR do not apply to the safety of a product where there are specific provisions of European Union (EU) law governing all aspects of its safety. As such, they operate as a kind of ‘mop-up’ set of regulations.

However, the GPSR will apply where they go further than the existing regulations in terms of the specific aspects of safety covered and the extent of the obligations on distributors. The GPSR apply to all products intended for or likely to be used by consumers (even if not intended for them) that are supplied or made available; the test would be whether a consumer can purchase the product without challenge. This includes products supplied or made available to consumers for their own use in the course of a service – for example, gym equipment for use in a gym, high chairs provided for use by diners in a restaurant and trolleys for use by shoppers.

Unlike sector-specific laws, the GPSR do not permit CE marking but do require that distributors only supply safe products.

The following types of consumer goods would fall within the GPSR

  • children’s articles such as cots, prams, high chairs, bunk beds
  • bicycles
  • household goods such as crockery, cutlery, cooking utensils
  • DIY tools
  • furniture and soft furnishings
  • clothing
  • candles and other ornaments
  • hobby and art materials

If there are aspects of safety under GPSR that are not covered by the products’ own sector-specific regulations – such as electrical equipment – then the GPSR aspects will also apply.

The Regulations also cover products that were originally designed and intended for professional use but subsequently ‘migrate’ on to the consumer market (such as certain power tools). Where consumers can acquire professional products, they must be treated as ‘consumer goods’.

As a distributor if you supply a ‘professional use only’ product to a consumer you will be responsible for its safety and if the product could never be safe for use by consumers you should take such steps as are reasonable and necessary to ensure the marketing and supply of the product is very strictly controlled.

Distributor obligations

The main obligation on a distributor is to supply a safe product.

In particular you must act with due care to help ensure only safe products are supplied and must not supply products that, as a professional, you know (or should have presumed on the basis of information in your possession) to be dangerous. For example, if a product has been subject to a recall you must not supply any you may still have in stock.

As a distributor you must also provide consumers with relevant information to enable them to:

  • assess any risk posed by the product throughout the period of its use (where such risks are not immediately obvious)
  • take precautions against those risks

This means passing on all the warnings and instructions that accompany the product.

A further obligation on distributors is to be able to show traceability of the products you supply. In practice the documentation that is required to support Inland Revenue and VAT requirements should be sufficient, as long as they show from whom the goods were purchased and, if not for retail, to whom they were sold. Such records have to be kept for a minimum of six years, which should cover your GPSR obligations.

Where you discover (perhaps as a result of a consumer complaint) that a product you have supplied poses risks to the consumer and is unsafe you must immediately notify your supplier of the issue. In some instances – for example, where it is not easy to contact your supplier – you must then inform your local trading standards service.

You must cooperate with the enforcement authorities at their request. This includes the provision of information relating to the product, the nature of the risk, the product’s supply and marketing, and also in taking appropriate action to remove the risk from consumers.

It is an offence under the GPSR not to fulfil these obligations.

Enforcement action by the authorities

Where distributors have not fulfilled their obligations under these Regulations, enforcement authorities have access to a range of measures that can be employed in removing risk to consumer safety. These are known as safety notices. They are only used when voluntary actions have not removed the risk.

All parties concerned must, whenever feasible, be given an opportunity to submit their views before the adoption of a measure.

The measure chosen will be proportionate to the seriousness of the risk:

‘Suspension notices’. Where there may have been a breach of the Regulations, these notices temporarily ban the placing on the market or the supply of a product while tests are undertaken and the results are awaited.

‘Requirement to mark’ / ‘requirement to warn’. These powers allow an enforcement authority to order the marking of a product with suitable warnings where it could pose risks in certain conditions, or require that specific warnings be given to certain persons considered to be at particular risk from a product – for example, young children, the elderly, etc.

‘Withdrawal notices’. Enforcement authorities can issue a withdrawal notice to permanently prevent a person from further supplying a product that is believed to be dangerous where it is already on the market (if the voluntary action is insufficient or unsatisfactory).

Producer obligations

If you affect the safety of the goods by any action – such as removing the goods from their packaging, assembling products, repairing products or not passing on instructions and warnings – then you become the ‘producer’ of the goods. In this case you will have to comply with the producer obligations under the GPSR.

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

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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Trading Standards and Consumer Protection Legislation – Herbal Medicine

This guidance is for England & Wales

Many traditional herbal products (such as Chinese herbal products) are popular with consumers who are looking for products with health benefits. Such products are often on the borderline between regulated categories of goods such as medicines, foods and cosmetics. As different legal requirements apply to these different product types it is important that you are clear about the categories your products fall into. The legal requirements governing these products are enforced mainly by trading standards services and by the Medicines and Healthcare products Regulatory Agency (MHRA).

There are specific requirements for herbal remedies, which are classed as ‘medicines’ and must be safe. You may also be selling food items, cosmetic products or animal products, all of which have their own legal requirements.

Whether or not your products fall within these categories, it is important to ensure that consumers are not misled about the extent or existence of products’ health benefits, and there are some restrictions on claims. There are further requirements in relation to claims made about the product, quantity markings, pricing and consumer rights.

Medicines

Herbal remedies are medicinal products. They must have a marketing authorisation (or a product licence) unless they meet certain exemptions that allow them to be sold as unlicensed herbal medicines. To meet the terms of the exemptions products must be solely plant-based, have no written medicinal indications for use and must not have a trade name. Herbal remedies, even if exempt from licensing, still have to be safe and be labelled in accordance with the Medicines Act 1968.

The primary decision as to whether or not a product is a medicinal product is for the MHRA to make. If you have any doubts about whether the products that you sell are medicines or are exempt from licensing you should contact MHRA.

Animal products

Strict import controls exist regarding products of animal origin. Products of animal origin include all types of meat and meat products (including poultry), all types of fish and shellfish and products made from them (like oyster sauce), eggs and egg products, wild game, honey, and dairy products. It is recommended that you only purchase food products of animal origin from reputable suppliers that can prove that the food has been legally imported into the UK via proper commercial channels. If you wish to import animal products, your local authority environmental health service should be able to advise you on the current legal situation.

If officers believe an animal product has been imported illegally into the UK, they may take it away for destruction or ask you not to use it until you can prove it has been imported legally. A sample may also be taken of the item. You could be prosecuted for importing animal products illegally.

Some traditional remedies have been found to contain both animal and plant parts from endangered species, in contravention of legislation enforced by a number of bodies, including the police. Should you have any concerns about ingredients, detailed information on endangered species is available on the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) website. CITES’s main aim is to ensure that international trade in specimens of wild animals and plants does not threaten their survival. Alternatively, you could seek advice from the wildlife crime unit of your local police force or the Animal and Plant Health Agency (APHA) on 03000 200301.

Food

The definition of food includes any food, drink or food supplement that is part of the diet. Anything that is not a medicinal product, and is eaten or taken as a drink, is a food. Many of the products you sell are likely to be legally classed as food, particularly prepacked items such as herbal teas.

The Food Safety Act 1990, EU Regulation (EU) No 1169/2011 on the provision of food information to consumers, the Food Information Regulations 2014 and the Food Information (Wales) Regulations 2014 govern, amongst other things, labelling, ingredients and quality. The Act creates specific offences for contaminants in food, false descriptions and misleading claims.

All foods and food supplements must be labelled with certain information in English. Where the food is sold loose, such as Chinese herbs from jars, or is packed by you in the shop for direct sale to your customers, the following details are required:

  • a food name that customers can understand, indicating the true nature of the food
  • a statement, where applicable, that the product or ingredients have been irradiated or genetically modified
  • a declaration of the presence of any of the 14 specified allergens

Where the food is ‘prepacked’, a number of labelling requirements need to be fulfilled

Specific guidance on food supplements can be found on the GOV.UK website.

The food label may also make claims about the nutritional properties of the food – for example, ‘low fat’ – and/or the potential health benefits consuming the food may have. These claims are controlled by EU Regulation (EC) No 1924/2006 on nutrition and health claims made on foods, the Nutrition and Health Claims (England) Regulations 2007 and the Nutrition and Health Claims (Wales) Regulations 2007.

If the food (or any advertising for the food) makes a claim that consuming it can treat or be a remedy for cancer, or it gives any advice in connection with the treatment of cancer, this is an offence under the Cancer Act 1939.

Cosmetic products

EU Regulation (EC) No 1223/2009 on cosmetic products defines a cosmetic product as “any substance or mixture intended to be placed in contact with the external parts of the human body (epidermis, hair system, nails, lips and external genital organs) or with the teeth and the mucous membranes of the oral cavity with a view exclusively or mainly to cleaning them, perfuming them, changing their appearance, protecting them, keeping them in good condition or correcting body odours”. It does not apply to medicinal products, medical devices or biocidal products.

There are particular requirements regarding the importation, manufacture, packaging and labelling of cosmetic products. For further information see ‘Cosmetic products’.

Misleading & illegal claims

In addition to the specific controls in food legislation outlined above there are additional controls that apply more generally.

Any claims made about a product must be true and not misleading. This includes oral, written or pictorial claims. In addition, you are required to disclose any adverse information you know about a product if an average consumer would need to know this information to make an informed choice – for example, if it is known to be ineffective for the purposes for which it is commonly bought.

These requirements, which come under the Consumer Protection from Unfair Trading Regulations 2008 (CPRs), apply to all products, including but not limited to, medicines, foods, food supplements and cosmetics.

Additionally, as worldwide efforts to control the exploitation of endangered species increase, manufacturers have been known to include illegal ingredients (for example, tiger and bear parts) in products but to remove any references to these ingredients from packaging and advertisements. These manufacturers rely on their customers’ knowledge and experience of the products’ contents instead. Under the CPRs it is illegal to hide the fact that a product cannot legally be sold.

Product safety

All consumer products (including food and medicines) must be safe.

Products must be sold to customers with appropriate safety information / warnings in English. Such information might include, for example, dosage instructions and possible side effects. They might also include classes of persons for whom the product is unsuitable – for example, pregnant women, children and persons suffering from a particular disorder, such as high blood pressure.

You are strongly advised to obtain products from reputable suppliers and to retain any documentation that you receive from them, such as invoices.

Weights & measures

Prepacked goods, such as food / food supplements / cosmetics, all legally require an accurate quantity marking. This should typically be the weight, volume or number of items in the package. Metric quantities must be used.

If you are selling any products loose (from bulk) by reference to weight, you must use approved weighing equipment bearing appropriate stamps or stickers. Sales must be by reference to metric quantities.

Prices

There is a general requirement to display prices for retail goods on offer; however, if the goods can only be obtained as a result of a service (such as a consultation) there is no need to price the goods. If your services have a ‘fixed price’ then you must provide your customers with price information (using a price list, for example).

Prices you display must be accurate. It is an unfair commercial practice to give false or deceptive information about the price of goods, to omit material information about the price (such as compulsory additional charges or taxes) or if the value of any ‘saving’ displayed on a special offer was exaggerated.

Trade associations

You may also wish to seek advice from a trade or practitioner organisation, such as those in the list below.

Please note that the inclusion of an organisation in the list does not imply any approval or warranty as to the standing or capability of that organisation by the Chartered Trading Standards Institute.

British Herbal Medicine Association

Register of Chinese Herbal Medicine

Association of Traditional Chinese Medicine and Acupuncture (UK)

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

Cancer Act 1939

Medicines Act 1968

Food Safety Act 1990

EU Regulation (EC) No 1924/2006 on nutrition and health claims made on foods

Nutrition and Health Claims (England) Regulations 2007

Nutrition and Health Claims (Wales) Regulations 2007

Consumer Protection from Unfair Trading Regulations 2008

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

Food Information Regulations 2014

Food Information (Wales) Regulations 2014

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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