An Overview of the General Product Safety Regulations (GPSR)

Disclaimer - Before you begin reading, please be aware that this article does not constitute legal guidance and we recommend receiving specific advice for your own products and industry. The below information constitutes our understanding of the regulations and may be subject to change as more details and information on implementation is provided by governing bodies.

What is the GPSR?

The General Product Safety Regulations are a new EU regulation that will come into effect on December 13th, 2024.

The GPSR replaces the current General Product Safety Directive and the Food Imitating Product Directive. The GPSR expands the scope of the GPSD and includes a much wider range of products that were not previously covered by the legislation.

The new regulations create a uniform framework under which all EU member states will operate. Its main aim is increasing the safety of products sold to consumers and the mechanisms by which unsafe products can be recalled and dealt with.

Who does the GPSR apply to?

The GPSR is designed to ensure that products sold to consumers are safe for use, this is of course a good thing as no one wants to sell products which could cause someone harm.

The regulations applies fairly broadly to the whole supply chain involved in the product sold within and into the EU and Northern Ireland. This includes manufacturers, importers, distributors, retailers, online marketplaces, repairers and refurbishers. Each of these roles has specific responsibilities within the new regulations and a part to play in ensuring only safe products reach customers.

Even a micro business or artist is classed as a manufacturer and needs to ensure that their supply chain also complies with the legislation. This means that ensuring things like the paper, paints or inks purchased are safe to use and the packaging of the product is done to safe standards. Basically any product design, production, assembly or packaging needs to comply when sold to a consumer in the EU or Northern Ireland.

You will also need to comply if you are an importer of goods from outside the EU, which you then sell on into the EU and Northern Ireland.

What products does the GPSR apply to?

The GPSR applies to all consumer products made or produced after the 13th December 2024 that are available for sale into the EU.

If the product was produced and provided for sale before the 13th December, for example listed on your online shop for sale, then it is exempt and is not required to comply when sold to a consumer in the EU or Northern Ireland.

Some products are also not required to comply with the GPSR because they already have compliance requirements, some of which will be more stringent or very specific to that industry, these include products like toys, medical devices, agricultural machinery, pharmaceuticals, aircrafts, vehicles and cosmetics.

This is not an exhaustive list so it is important to check which regulations your products require to comply with.

How does the GPSR apply to second-hand products?

The sale of second-hand goods and antiques is a confusing area of the GPSR. As a rule the sale of Antiques in the EU falls outside of the regulations, but there is not a huge amount of specific guidance on how the EU classifies an antique. The general rule of thumb is that the item is over 100 years old and is sold for the purpose of being an antique.

So for example if you refurbish an antique telephone that’s over 100 years old and it is sold in working order to be used, then you should consider how you will meet the safety directives that would apply to the product if sold today as it could fall under the GPSR.

This is the same principle for second-hand goods, if it is sold for parts, repair or for decorative purposes then there are less requirements to meet current safety legislation than if you have refurbished it to be used for its purpose, or if it is in working order.

Therefore it is important to ensure that any product descriptions on your website include information which outlines the purpose and the state of the product the consumer is purchasing. Stating a lamp is decorative / for display purposes only, old toys are not suitable for play or children etc is an important aspect of complying and being clear with your prospective purchaser.

The other thing to consider is whether the antique or second-hand product is considered to be generally safe, where your product may contain substances like lead paint or other hazardous materials you may still be required to comply with the GPSR.

It is also worth noting again that the GPSR only applies to the sale of second-hand products where they have been listed for sale after the 13th December. Any products listed on your website or marketplace that were for sale before this date are exempt from the legislation.

What are the requirements of the GPSR?

Each business will have requirements specific to the types of products that they make and sell, but the overall aim is to prevent the sale of unsafe goods to consumers and better management of product recalls.

Therefore the GPSR requires businesses to maintain comprehensive documentation about their products. This includes technical and testing documentation, risk assessments and mandatory record keeping for up to ten years.

You will also need to maintain an EU Authorised Representative, this is an organisation that is the first point of contact within the EU for your products. There are businesses which provide these services or you could set up a subsidiary of your own organisation based in Northern Ireland or the EU. If you are based in Northern Ireland or the EU already then you do not need to set up a separate organisation as you can act as the Authorised Representative.

Labelling your products clearly and appropriately with safety information and any compliance marks is required, alongside including instructions for use, product identification, the contact details of your EU Authorised Representative, and any safety information. The EU also prefers that this information is provided in the language of the country it is being delivered to and in some EU countries this is mandated and a requirement.

You will also be required to cooperate with EU authorities including customs if a problem is reported for one of your products, or they determine during customs checks that required information is not provided. Should a product recall be necessary you will be required to either fix, replace or refund customers and to advertise appropriate information about the recall and where possible directly contact customers.

Do I need to include additional information on my website?

In order to comply with the GPSR more information is required when listing a product for sale in your online store or on a marketplace, this is to ensure a customer can make an informed decision when purchasing.

Information you should provide includes the purpose of the product, whether it conforms to specific safety standards, and any hazards or safety risks the customer should be aware of (for example if it presents a choking hazard).

Other information like the product's country of origin, any unique product identifiers, the types of materials used, importers details if the product is from outside the EU, and instructions for use.

The above is not an exhaustive list so it’s important to review what you need to include on a product by product basis in order to comply.

Our opinion is that providing comprehensive information about the product you are selling will always be beneficial to the customer and that it is worth including anything that customers have questions about. Whether it is the materials the product is made from, the size or how it works, this aids their buying decision and builds trust around the purchase.

What if I’m too busy at the moment to look at what needs to be done to comply?

If you are selling very little to the EU and Northern Ireland then you may want to consider switching off shipping to these countries, particularly as this regulation is coming into effect right in the middle of the busiest time of year for most businesses.

Or it could be you just need to pause while you look at the requirements to comply and decide what to do. Whatever your situation, we have some easy ways for you to do this.

Firstly you can configure each postage type you offer, whether that is courier, first class, or expedited etc. In this option you’ll find a toggle for disabling the postage type for Northern Ireland. You’ll need to do this for each postage type you offer to customers.

Switching off Northern Ireland in each of your postage options means that when your customer enters their address and postcode at the checkout they’ll be told that unfortunately that shipping to their location is unavailable.

The next thing you’ll need to do is adjust your postage zones, in particular if you have a zone set up for Europe or for specific countries within the EU, these can all be re-configured to be excluded.

The guides below will help you through the steps you need to take to make these changes:

How To Setup Postage Rules For Northern Ireland 

How To Setup Your Stores Postage Zones and Types

Wrapping Up

While the introduction of the General Product Safety Regulations (GPSR) may require adjustments for many small businesses and independent sellers, the aim of the regulations is to ultimately foster safer, higher safety standards for a wide range of products.

Many businesses are already accustomed to complying with safety requirements, such as the rigorous standards for cosmetics, or the CE marking process for toys, and taking the required additional steps means that you can continue to be open for customers in the EU.

Working to identify risks with the products that you sell, understand your safety obligations, and ensure that your customers are treated fairly and respectfully is an important part of successful business life. It’s clear that adapting to these regulations will present challenges and it’s totally understandable that micro and small businesses may want to stop selling to these regions while they consider how or if they will proceed.

We hope that this article has helped to dispel some myths, inform you on the new requirements and help you make decisions about the best way forwards for your business.