UK Law and Practice Contributed by: Simon Antrobus KC, Mike Atkins, Elizabeth Boon, Richard Sage, David Myhill and Alex Antelme KC, Crown Office Chambers
By regulation 2, a product is “safe product” if, under normal or reasonably foreseeable condi - tions of use: • it does not present any risk; or • it presents only the minimum risks compat - ible with the product’s use, considered to be acceptable and consistent with a high level of protection for the safety and health of persons – regulations 2 and 6 (3) set out the matters that are to be taken into account in making that assessment. Regulation 2 defines “dangerous product” as a product other than a safe product. Presumption of conformity Regulation 6 provides that a product that com - plies with certain legal requirements or stand - ards shall be deemed to be safe in the respects covered by those requirements or standards, unless there is evidence to the contrary. Obligations of producers and distributors The GPSR impose obligations on the produc - ers and distributors of a product. “Producers” are widely defined to include any manufacturer, anyone presenting themselves as a manufac - turer, anyone reconditioning a product, anyone representing a manufacturer of a product that is based outside of the UK, and any other profes - sional in the supply chain whose activities may affect the safety properties of a product. “Dis- tributors” are other professionals in the supply chain whose activities do not affect the safety properties of a product. Different obligations are imposed on producers and distributors but in summary the following applies.
• Producers should not supply or agree to sup - ply or place a product on the market that is anything other than a safe product, and they should provide consumers with all relevant information to enable them to assess and guard against the risks inherent with normal or reasonably foreseeable use. • Distributors should not supply or agree to supply a product that they know or ought to have known to be a dangerous product, and are to participate in the monitoring of the safety of the product by passing on neces - sary information as to any inherent risk and co-operating with the producer and regula - tory authorities in taking action to avoid any such risk. In addition, by regulation 10, a producer or a distributor who knows that a product they have placed on the market or supplied poses risks to the consumer that are incompatible with the general safety requirement must notify an enforcement authority (see further below). Offences Regulation 20 provides for offences, including failure to comply with the duties imposed on pro - ducers and distributors, and failure to comply with the requirements of a safety notice (see 1.2 Regulatory Authorities for Product Safety ). Regulation 31 provides for the liability of: • a party whose act or default has caused another party to commit an offence; and • a director, manager, secretary or other similar officer (or anybody purporting to act in such a capacity) where an offence by a body corpo - rate is attributable to their consent, conniv - ance or neglect.
272 CHAMBERS.COM
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