Crowd Funding Fulfilment

Crowdfunding Fulfilment
Crowdfunding Fulfilment

If you’ve got backers, you need Storeship Fulfilment Services!

Over a period of time we have perfected our process for fulfilling large crowdfunding campaigns enabling us to offer special discounted rates for these projects.

Imagine if you have spent all your time producing a unique product, getting listed on Kickstarter or Indiegogo and you have reached your target. Suddenly you’ll have (hopefully) 1000’s of products that will need to be dispatched across the globe as soon as you’ve reached your target.

For larger crowd funding campaigns, we would bring in extra resource to ensure that your products get dispatched as soon as possible.

Make sure you are prepared for your successful Crowd Funding Campaign by using Storeship Fulfilment Services.

Get in touch today and find out how easy it is for you to work with us!

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Subscription Box Fulfilment

Subscription Boxes by Storeship
Storeship can easily fulfil all eCommerce Subscription services

Subscription Boxes are becoming more and more popular!

If you use this method of sales for your business then our service is especially for you.  As part of your marketing strategy and as a method of product distribution. Once you’ve decided on your subscription items, simply send us your stock and we’ll arrange integration of your eCommerce platform. Most people opt for a continuous subscription so there’s something to look forward to every month, but other options often include a one-off purchase, or 3 and 6-month subscriptions. Whatever you decide, we can accommodate.

Think about the size of your final package. Can it go through the letter box? Best if it can!

Subscription boxes can range from all items including;

  • Biscuits,
  • Grooming Products,
  • Underwear, (Yes, we have an underwear subscription customer!)
  • Baby products,
  • Games,
  • Mystery Products,
  • Books and more…

Make sure you are hitting the trend for Storeship Fulfilled Subscription Boxes!

Get in touch today and find out how easy it is for you to work with us!

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National Trading Standards – Leather Goods

This guidance is for England, Scotland & Wales

Any consumer product made of leather – for example, clothing, shoes, bags, belts, furniture, soft furnishings, and even equine equipment, such as saddles and bridles – is subject to controls on the chemicals that may be present as a result of the tanning process. Chemicals such as azo dyes, chromium VI and dimethyl fumarate (DMF) have previously been found to be present in leather goods and are now restricted under regulations due to the health hazards they pose to consumers.

If you are not the manufacturer or importer, you should check with your supplier that the products comply with the Regulations. This could involve asking to see test certificates, or auditing your suppliers if you are a large retailer. If you are a manufacturer or importer, you would normally be expected to have tested your products to ensure that they comply.

The legislation

EU Regulation (EC) No 1907/2006 concerning the Registration, Evaluation, Authorisation, and Restriction of Chemicals (REACH) regulates the use of azo dyes, chromium VI and dimethyl fumarate (DMF).

Anyone who supplies consumer leather products intended to come into direct and prolonged contact with the skin, and that may contain any of these chemicals, will be affected by the Regulation. Examples are as follows:

  • clothing
  • hats
  • footwear
  • gloves
  • wristwatch straps
  • handbags
  • purses
  • toys containing leather
  • furniture
  • soft furnishings
  • equine equipment, such as saddles and bridles

Azo dyes, chromium VI & dimethyl fumarate

Azo dyes are organic compounds. Azo dyes are used to treat textiles, leather articles and some foods. Some – such as dinitroanline orange, ortho nitroaniline orange, or pigment orange 1, 2, and 5 – are mutagenic and carcinogenic. Azo dyes derived from benzidine are carcinogens.

Tanning is the process of making raw hides or skins into leather. The majority of leathers used in furniture, gloves and footwear are tanned using chromium salts. Contact with the skin can cause burns and contact-dermatitis allergic reactions, which appear as reddening of the skin, itching and rashes.

Chromium VI is a skin sensitiser; future reactions can be caused when only a very small amount is in contact with the skin. There are also dangers from ingestion. This is a particularly important hazard to assess for young children’s toys or clothing where there is a risk of mouthing. Studies have shown the ingestion of chromium VI may affect the liver, kidneys and the immune system.

DMF is used as a biocide in leather products, such as furniture or shoes, to prevent growths of mould during storage or transport in a humid climate. DMF has been found to be an allergic sensitiser at very low concentrations, producing an eczema reaction that is difficult to treat. Concentrations as low as 1ppm may produce allergic reactions.

Azo dyes in products

Azo dyes, which may release one or more listed aromatic amines above 30 mg/kg (0.003% by weight), must not be used in articles that may come into direct and prolonged contact with the human skin or oral cavity – for example:

  • clothing
  • hats
  • footwear
  • gloves
  • wristwatch straps
  • handbags
  • purses / wallets (including those worn around the neck)
  • briefcases
  • purses
  • leather toys and toys that include leather garments

Leather articles must not be placed on the market unless they conform to these requirements.

Chromium VI in products

Leather articles or articles containing leather parts coming into contact with the skin must not be placed on the market where they contain chromium VI in concentrations equal to or greater than 3 mg/kg (0.0003% by weight) of the total dry weight of the leather.

Dimethyl fumarate in products

Leather products containing the biocide DMF in concentrations greater than 0.1 mg/kg must not be placed on the market.

Second-hand leather goods

For products sold second-hand, the General Product Safety Regulations 2005 apply. These require goods supplied to be safe so the restrictions will still apply.

What should I do to make sure I comply?

If you are not the manufacturer or importer you should check with your supplier that the products comply with the Regulations. This could involve asking to see test certificates, or auditing your suppliers if you are a large retailer. How much you need to do depends on a number of circumstances – for example, the size of your business – but doing nothing will not be sufficient.

If you are a manufacturer or importer, you would normally be expected to have tested your products to ensure that they comply. It is recommended that a reputable test house should carry out any testing, such as one accredited by the United Kingdom Accreditation Service (UKAS).

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 1907/2006 concerning the Registration, Evaluation, Authorisation, and Restriction of Chemicals (REACH) 

REACH Enforcement Regulations 2008

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 – 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 – 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 – Labelling of textiles

This guidance is for England, Scotland & Wales

The Textile Products (Labelling and Fibre Composition) Regulations 2012 require all textile products to carry a label indicating the fibre content, either on the item or the packaging. If a product consists of two or more components with different fibre contents, the content of each must be shown. Only certain names can be used for textile fibres and these are listed in the Regulations along with a list of products that are not required to bear fibre content.

There is a general obligation to state the full fibre composition of textile products.

What is a textile product?

A textile product can be defined in any of the following ways:

  • raw, semi-worked, worked, semi-manufactured, manufactured, semi-made up or made up products composed of textile fibres
  • products containing at least 80% by weight of textile fibres (including furniture, umbrella and sunshade coverings)
  • textile parts of carpets, mattresses and camping goods
  • textiles incorporated in, and forming an integral part of, other products where textile parts are specified

How should the product be labelled?

All items must carry a label indicating the fibre content, either on the item or the packaging.

The label should be durable, easily legible, visible and accessible. If the product is supplied to a wholesaler the indication may be contained within business documents – the invoice, for example. A textile product consisting of two or more fibres accounting for 85% of the finished product should be marked with the fibre followed by a percentage – for example, ‘cotton 80%, polyester 15%, nylon 5%’.

If a product consists of two or more components with different fibre contents – for example, a jacket with a lining – the content of each must be shown. Any decorative matter that makes up 7% or less of the product is excluded from the indication of fibre content. The word ‘pure’ should only be used where the garment is made up of only one fibre. The word ‘silk’ cannot be used to describe the texture of any other fibre – for example, ‘silk acetate’ is not permitted. Only certain names can be used for textile fibres and these are listed in annex I of EU Regulation (EU) No 1007/2011 on textile fibre names and related labelling and marking of the fibre composition of textile products(see link in ‘Key legislation’ below). This list may be updated as new technology produces new fibres.

If you are using, buying or selling a fibre product with a name that does not appear on this list, contact your local trading standards service for advice.

There are special provisions that relate to the required method of labelling of corsetry products, etch-printed and embroidered textiles, velvet and plush textiles (or textiles resembling velvet or plush), and floor coverings and carpets where the backing and pile are composed of different fibres.

Textile products in sold in multipacks – such as floorcloths, cleaning cloths, handkerchiefs, bun nets and hair nets, wash-gloves, face flannels, etc – of the same type and fibre composition may have inclusive rather than individual labelling. The full list of products to which this allowance may be applied can be found in annex VI of EU Regulation (EU) No 1007/2011.

Annex VII of EU Regulation (EU) No 1007/2011 contains information on textile product components that are not taken into account in determining fibre compositions.

Fur & other animal parts

Consumers must be made aware when textile products contain parts of animal origin, such as fur, leather, bone, etc.

The use of non-textile parts of animal origin must be clearly labelled or marked using the phrase ‘contains non-textile parts of animal origin’. The label can contain further information on the parts of animal origin – such as mink fur or lambskin – but the mandatory phrase must always be used.

This also means that any mis-labelling – for example, labelling real fur as faux fur – is an offence.

Additionally, it is an offence to sell, import or export cat and dog fur, and products containing such fur. Similar provisions apply to the marketing of seal fur (these are enforced by Her Majesty’s Revenue and Customs (HMRC) rather than trading standards services).

Advertisements, catalogues & e-commerce

Where products are advertised in such a way that they can be ordered by reference solely to the description in the advertisement, the Regulations require an indication of fibre content to appear in the advertisement. Advertisements include catalogues, the internet, circulars, price lists and trade literature.

Products that do not have to bear a fibre content indication

  • air-supported structures
  • animal clothing
  • artificial flowers
  • book covers
  • buttons and buckles
  • certain types of cordage, rope and string intended as components in other items
  • disposable articles (except wadding)
  • egg cosies
  • flags and banners
  • funeral products
  • gaiters
  • labels and badges
  • make-up cases
  • mobile phone and portable media player covers (with a surface area less than 160 cm²)
  • muffs
  • old made up textile products
  • oven gloves and cloths
  • packaging (not new and sold as such – for example, used potato sacks)
  • painted canvas
  • pin cushions
  • protective requisites of sport (except gloves)
  • saddlery
  • safety items (for example, life jackets, parachutes)
  • sails
  • shoe cleaning cases
  • sleeve protectors
  • sleeve supporting arm bands
  • slide fasteners
  • spectacle, cigarette and cigar, lighter and comb cases
  • stuffed pan holders
  • table mats having several components and a surface area not exceeding 500 cm²
  • tapestries, including materials for their production
  • tea and coffee cosies
  • textile parts of footwear
  • textile products for base and underlying fabrics and stiffening
  • tobacco pouches
  • toilet cases
  • toys
  • travel goods
  • watch straps

Further information

The Department for Business, Energy and Industrial Strategy has produced more detailed guidance on the requirements: Textile labelling regulations: Guidance on the Textile Products (Labelling and Fibre Composition) Regulations 2012.

Other legislation

In addition to the specific textile legislation, the Consumer Protection from Unfair Trading Regulations 2008 prohibit misleading actions and omissions when describing products and services, as well as misleading prices.

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

Cat and Dog Fur (Control of Import, Export and Placing on the Market) Regulations 2008

Consumer Protection from Unfair Trading Regulations 2008

Seal Products Regulations 2010

EU Regulation (EU) No 1007/2011 on textile fibre names and related labelling and marking of the fibre composition of textile products

Textile Products (Labelling and Fibre Composition) Regulations 2012

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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Trading Standards and Consumer Protection Legislation – Cosmetics

This guidance is for England, Scotland & Wales

Cosmetics are subject to legal definition and products used solely as medicines are excluded. EU Regulation (EC) No 1223/2009 on cosmetic products makes it an offence to supply a cosmetic product that may cause damage to human health or that contains specific restricted or prohibited substances.

It is also an offence to supply an incorrectly labelled cosmetic product. The labelling requirements include the name and address of the manufacturer / importer, the ingredients, durability marking, function and precautions.

Finally, it is an offence not to undertake certain safety assessments and not to compile technical documentation.

There are also restrictions on animal testing of products.

The EU Regulation is enforced by trading standards in the UK by the Cosmetic Products Enforcement Regulations 2013.

What is a cosmetic product?

EU Regulation (EC) No 1223/2009 (referred to in this guide as ‘the Regulation’) 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“.

The Regulation relates only to cosmetic products and not to medicinal products, medical devices or biocidal products.

A substance or mixture intended to be ingested, inhaled, injected or implanted into the human body is not a cosmetic product.

What about aromatherapy products?

These can be medicines, cosmetic products, or neither of these, depending on their intended use. If they are not medicines or cosmetic products, they are governed by the General Product Safety Regulations 2005.

Please ask your local trading standards service if you require more guidance on aromatherapy products.

Main provisions

It is an offence for a responsible person to supply a cosmetic product that may cause damage to human health when applied under normal or reasonably foreseeable conditions of use, taking into account:

  • its presentation and in particular, its form, odour, colour, appearance, packaging, labelling, volume or size should not endanger health and safety of consumers due to confusion with foodstuffs
  • its labelling
  • any instructions for its use and disposal
  • any other information provided by the responsible person

The responsible person can be one of the following:

  • the manufacturer within the EU (or they can nominate someone else in writing to be the responsible person)
  • a person in the EU designated by written mandate by a manufacturer that is outside the EU, but has the product manufactured in the EU
  • a distributor, where they place a cosmetic product on the market under their name or trademark, or modify a product already placed on the market in such a way that compliance with the applicable requirements may be affected – for example, repackaging or relabelling
  • the importer (established in the EU who places a product from a country outside the Union on the Union market)

Rules on animal testing

It is an offence to test a finished cosmetic product or an ingredient on an animal in order that the product may comply with the requirements of the Regulation.

The Regulation also restricts the supply of cosmetic products whose final formulation, or any ingredient or combination of ingredients, have been tested on animals.

Where a claim is made that a cosmetic product has not been tested on animals, this must be correct. In particular, the manufacturer or supplier must not have tested or commissioned tests on animals of the finished product, its prototype or any of their ingredients. The cosmetic product must also not contain any ingredients that have been tested on animals by others for the purpose of developing new cosmetic products.

Composition

The rules on what may and may not be used as an ingredient, and the rules on restricted use and special precautions, are too detailed to be included here. If you require this information, you should make reference to the annexes of the Regulation (see ‘Key legislation’ below for link) or you should seek specialist advice.

Marking / labelling

The following information must be given on the packaging or labelling:

Name & address

The name and address of the responsible person established within a Member State must be on the container and the packaging. Where the product is manufactured outside the European Economic Area (EEA), the country of origin must also be given.

Durability

Where a cosmetic product has a minimum durability of 30 months or less, it must be marked on the container and the packaging with a best-before date or the symbol shown below.

Cosmetics products timer symbol

The indication must be in the form ‘Best used before the end of’, followed by the date (day / month / year, or month / year) or an indication of where the date appears on the packaging. If any particular conditions must be observed to guarantee the stated durability, these must also be described.

Where a product has a shelf life of more than 30 months, it must be marked with the symbol shown below together with an indication (in months, or years and months) of the period after opening for which the product can be used without harming the consumer.

Cosmetics products PAO symbol

Precautions

Precautions to be observed in use, as shown in the annexes of the Regulation, must be printed on the label. Special precautionary information on cosmetic products for professional use, such as in hairdressing, must appear on the container and packaging.

Batch code

The batch number of manufacture or the reference for identifying the goods.

Function

If not otherwise obvious from design and packaging.

Ingredients

The package in which the cosmetic product is supplied must bear a list of ingredients, headed ‘Ingredients’ (see note below), in descending order of weight, determined at the time the ingredient was added to the product.

All cosmetic products marketed in any part of the EU have to be labelled with a list of their ingredients, irrespective of the channel of distribution. This requirement also applies to imported products, professional products, free samples, tester samples, multi-component products, products sold by mail order or via the internet, and products provided in hotels and other public facilities.

You do not need to include any of the following as ingredients:

  • impurities in the raw materials
  • materials used in the preparation of, but not present in, the final product
  • materials used as solvents or carriers for perfumes and aromatic compositions

Perfume and aromatic compositions and their raw materials must be referred to as ‘perfume’ (see note below) or ‘aroma’ unless a more specific indication of their presence is required in annex III of the Regulation.

Ingredients in concentrations of less than 1% may be listed in any order after those of 1% or more.

Colouring agents may be listed in any order after the other ingredients. For decorative cosmetics marketed in various colours, all colouring agents in the range may be listed so long as the words ‘may contain’ or the symbol ‘+/-‘ is also used.

The ingredient name must be that listed in the International Nomenclature of Cosmetic Ingredients (INCI) or, if no such name is listed, one of the following:

  • chemical name
  • European Pharmacopoeia name
  • International Non-proprietary Name (INN), as recommended by the World Health Organisation
  • European Inventory of Existing Commercial chemical Substances (EINECS), International Union of Pure and Applied Chemistry (IUPAC), or Chemical Abstracts Service (CAS) identification reference
  • colour index number

database of INCI names is available on the Europa website.

All ingredients present in the form of nanomaterials must be clearly indicated in the list of ingredients. The names of such ingredients must be followed by the word ‘nano’ in brackets.

There is a procedure detailed in the Regulation that, subject to agreement, allows the confidentiality of some ingredients to be maintained.

For consistency across the EEA, the following conventions have been agreed by Cosmetics Europe (the European cosmetics industry trade association). Firstly, the word ‘ingredients’ should be given in capital letters, and secondly, the word ‘perfume’ should be replaced by ‘parfum’. Although these conventions do not have the force of law, their use will be accepted by UK enforcement authorities. If you are exporting cosmetic products to other EEA countries, you should confirm that the authorities in those countries also accept this convention.

Additional information

Additional information must be given where certain ingredients, such as preservatives and UV filters, are present. This information is specified in annexes III, IV, V, and VI of the Regulation.

Presentation

All required information must be visible, indelible and easily legible. The ingredients list must be given in a language that is easily understood by the consumer. All of the other information must be in English and can be supplemented by other languages.

There is one set of rules about presentation for ingredients lists and another set for the other information.

Ingredients list

The ingredients list must appear on the packaging or, if it is impossible to do so or there is no packaging, on the container. If the product is sold loose, the ingredients list can be given on the container in which the product is exposed for supply or on a notice. If this is not possible, the list can be given on a leaflet, label, tag, tape or card enclosed with or attached to the product, along with an indication referring the consumer to it (either by way of abbreviated information or the ‘hand and book’ symbol below). For small products such as soap and bath balls, a notice can be used instead of a leaflet, label, etc.

Hand and book symbol

Other information

The other information must normally appear on both the container and the packaging. However, if it is not possible for the batch code to appear on the container, it can appear on the packaging only. Similarly, where there are practical constraints, the conditions for use may appear on a leaflet, label, tag, tape or card enclosed with or attached to the product, again with an indication referring the consumer to it.

In the case of loose cosmetic products other than soap, all of the information must be given on the container in which the product is exposed for supply, or on a notice in immediate proximity to the container.

The requirements on the ‘responsible person’

The manufacturer of cosmetic products must comply with good manufacturing practice. Compliance with good manufacturing practice can be presumed where the manufacture is in accordance with the relevant harmonised standards, the references of which have been published in the Official Journal of the European Union.

In order to demonstrate that a cosmetic product is safe the responsible person must ensure that the cosmetic product has undergone a safety assessment and that a cosmetic product safety report is produced. This safety assessment must be carried out by a person in possession of a diploma or other evidence of formal qualifications awarded on completion of a university course of theoretical and practical study in pharmacy, toxicology, medicine or a similar discipline, or a course recognised as equivalent by a Member State.

Where a cosmetic product is supplied or manufactured in the UK, the responsible person is required to keep certain product information at the registered office address or the address detailed on the product. This information must be easily accessible to the nominated authorities, generally the responsible person’s local trading standards service, and can be requested in the case of medical emergency. The information must be in English or another language easily understood by the nominated authority.

The product information file (PIF) must include all of the following:

  • the qualitative and quantitative composition of the product. For perfume or perfume compositions in the product, you are only required to keep the name, code number and supplier identity. Qualitative information for all composites, and the quantitative information in relation to dangerous substances, must also be made easily available to the general public
  • the physico-chemical and microbiological specifications of the raw materials and the finished product, and the purity and microbiological control criteria of the cosmetic product
  • the method of manufacture, which must be in accordance with good manufacturing practice
  • an assessment of safety for human health of the finished product, including the criteria as stipulated in the Regulation. There are additional criteria where the product is intended for use on children under three years old or exclusively for use in external intimate hygiene (see above)
  • the name and address of the person or persons – with the minimum qualifications as detailed in the Regulation – who carried out the assessments
  • existing data on the undesirable effects on human health resulting from use of the product. This information must also be made easily available to the general public
  • evidence to justify any claims made by the product
  • data on any animal testing performed by the manufacturer, their agents or suppliers, relating to the development or safety evaluation of the product or its ingredients

Prior to placing the cosmetic product on the market the responsible person must submit the following information to the European Commission through the Cosmetic Products Notification Portal (CPNP):

  • the category of cosmetic product and its name or names, enabling its specific identification
  • the name and address of the responsible person where the product information file is made readily accessible in the country of origin
  • in the case of import into the Member State in which the cosmetic product is to be placed on the market, the contact details of a physical person to contact in the case of necessity
  •  the presence of substances in the form of nanomaterials and their identification
  • the frame formulation allowing for prompt and appropriate medical treatment in the event of difficulties

When the cosmetic product is placed on the market, the responsible person must notify to the Commission the original labelling, and, where reasonably legible, a photograph of the corresponding packaging.

Responsible persons who consider or have reason to believe that a cosmetic product that they have placed on the market is not in conformity with this Regulation must immediately take the corrective measures necessary to bring that product into conformity, withdraw it or recall it, as appropriate. Where the cosmetic product presents a risk to human health, responsible persons must immediately inform their local trading standards service giving details, in particular, of the non-compliance and of the corrective measures taken.

Penalties

Failure to comply with trading standards law can lead to enforcement action and to sanctions, which may include a fine and/or imprisonment. For more information please see ‘Trading standards: powers, enforcement & penalties’.

Key legislation

EU Regulation (EC) No 1223/2009 on cosmetic products

Cosmetic Products Enforcement Regulations 2013

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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Job – Warehouse Team Member

Warehouse Team Member

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 be the required to assist in all aspects of the warehouse operation. The main duties will be to pick orders accurately, package items to customer requirements and dispatch timely. Keeping the warehouse clean tidy. 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,
• 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.

PLEASE NOTE THAT THIS POSITION HAS NOW BEEN FILLED

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