Guidance

What you can expect of OPSS: Information for those we regulate

Updated 20 November 2024

The Office for Product Safety and Standards (OPSS), part of the Department for Business and Trade (DBT), is the UK’s product regulator.

This document explains what those we regulate – hereafter referred to as ‘businesses’ – can expect from OPSS when delivering its enforcement roles and what standards we will aim to meet. ^{[footnote 1]}

Further information is available on what businesses can expect from us in terms of our regulatory approach, including our enforcement policy, which sets out the approach we take to addressing non-compliance and product safety risks:

Read about our approach to delivering regulation.

Areas we regulate

OPSS exercises the powers of the Secretary of State across the UK in relation to a range of legislation:

1. We are the national regulator for product safety ^{[footnote 2]} and construction products, providing scientific and technical capability, enforcing in cases that are nationally significant, novel or contentious, and working with local authorities, other market surveillance and border control authorities.
2. We are the national regulator for legal metrology, acting as the market surveillance authority for weighing and measuring instruments and supporting the work of local authorities.
3. We enforce in relation to a range of goods-based and standards-based legislation. ^{[footnote 3]} These include certain requirements relating to:

• energy efficiency, environmental pollution and product security in product design and performance
• standards and measurement in the energy supply infrastructure
• due diligence in the trade and use of designated raw materials

Read our information on each regulatory area.

OPSS supports local authorities when they respond to consumer or construction product safety issues, providing expertise and advice. In cases where consumer or construction product safety issues are considered to be nationally significant, novel or contentious, OPSS may take responsibility for managing and coordinating the response. Further information for local authorities and businesses is available in our Incident Management Plan:

Read our Incident Management Plan.

How we regulate

Our primary purpose, as explained in our Product Regulation Strategy, is to protect people and places from product-related harm, ensuring consumers and businesses can buy and sell products with confidence. Our strategy sets out our core objectives and the outcomes we seek to deliver for citizens, business and the environment.

Read our Product Regulation Strategy 2022 to 2025.

We use the range of tools and powers available to us to maintain protection, fairness and confidence while enabling responsible businesses to thrive:

• We ensure that information, guidance, and advice are available to help businesses to understand and meet legal requirements (see Helping you to get it right).
• We target our checks on compliance where we believe they are most needed (see Checking compliance).
• We deal proportionately with non-compliance with legal requirements and with product safety risk, as set out in our Enforcement Policy (see Responding to non-compliance).
• We administer a number of regulatory process requirements in specific areas of regulation, including verification of FLEGT licences for imported timber; receiving and processing cosmetic product notifications and heat network notifications; and managing annual data returns by battery producers.

We are committed to delivering regulation in a manner that is risk-based, proportionate and consistent and we aim to be transparent and accountable about our regulatory approach and activities, in accordance with the principles of good regulation. ^{[footnote 4]} We are guided by the Regulators’ Code and recognise the importance of supporting businesses to comply and grow.

Download the Regulators’ Code.

We have a dedicated team of officers who have the appropriate knowledge, skills, and competency to deliver the services provided. We have arrangements in place to ensure the professional competency of our officers.

As part of the wider regulatory system in the UK and beyond, we work with other national and local regulators to share relevant information and expertise and to streamline our engagement with businesses. In particular:

• We work collaboratively with other regulators where we share responsibility for delivering regulation or there is an overlap of remit, for example with local authorities in relation to consumer product safety, construction products and legal metrology, and with border control authorities and other market surveillance authorities acting at the border.
• We share information with other UK regulators where we consider this to be appropriate and we may refer alleged or identified non-compliance to the relevant regulator.
• Where we identify non-compliance or a product safety risk that may present a risk beyond the UK, we share relevant information where we consider this to be appropriate, for example with product regulators and relevant intergovernmental bodies.

For details of our approach to managing and sharing information see Managing and sharing information.

We are committed to treating those we regulate in a fair, unbiased and objective manner. DBT is a public authority for the purposes of the Human Rights Act 1998 and we apply the principles in the Act. We have due regard to the Public Sector Equality Duty in the exercise of our regulatory functions.

Working with you

We are committed, as a regulator, to acting in an efficient, courteous and helpful manner. In all their dealings with us, businesses can expect a professional service. Our officers will be courteous and polite and will, where appropriate:

• identify themselves by name and provide contact details
• seek to gain an understanding of how the business operates
• provide details of how to discuss any concerns the business may have
• discuss timescales, expectations, and preferred methods of communication
• ensure that the business is kept informed of progress on any outstanding issues

We work across a wide range of legislation, and this provides us with different powers, for example in relation to entering business premises, inspecting or seizing products and documentation, and addressing non-compliance. In exercising our powers, we have regard to relevant legal requirements and codes of practice.

Transparency

We are committed to being transparent in our activities so that it is clear both what we expect from businesses and what can be expected of us, as outlined in this document. We publish information about our performance so that businesses can see how we are doing. This includes an annual Delivery Report that includes detail of our enforcement activities, summary details of enforcement actions that we have taken, and details of Enforcement Undertakings that we have accepted from businesses under certain regulations:

Read our latest Delivery Report.

View our list of enforcement actions.

View our list of Enforcement Undertakings.

We also publish information on certain products that present a risk, with the aim of making the public aware of the risks and supporting businesses involved in product supply chains to meet their responsibilities. This includes:

• product safety alerts, highlighting product types identified in the UK with risks of serious injury or fatality, where OPSS is requesting action by businesses, local authorities and consumers
• product safety reports, identifying specific products found in the UK where corrective action, other than a recall, is required
• product recalls, for specific unsafe products that have been sold in the UK where a recall is required

Read about our product safety alerts, reports and recalls.

Helping you to get it right

We want to ensure that businesses have access to information and guidance to support them to understand their legal obligations and to be compliant and successful. We make information and guidance on meeting legal requirements available through legislation specific webpages:

Read our information on each regulatory area.

We are always keen to take opportunities to work with business representative groups, such as trade associations, to raise awareness and understanding of legal requirements among the businesses they represent.

Advice: consumer and construction product safety and legal metrology

UK businesses requiring advice on compliance with consumer product safety and construction products obligations should initially contact their local authority.

Find contact details for your local Trading Standards Service in England, Scotland or Wales.

Find contact details for your local district council in Northern Ireland.

Businesses requiring advice on compliance with legal metrology obligations should also initially contact their local Trading Standards Service (or the Department for the Economy in Northern Ireland), other than where their enquiry relates to requirements that apply to placing measuring instruments or non-automatic weighing machines on the market. These enquiries should be addressed to OPSS.

A local authority which is the primary authority for a business may approach us for support in our role as a Supporting Regulator in Primary Authority for consumer product safety or legal metrology. This support may relate to the development of Primary Authority Advice. Further information, including details of our approach to cost recovery as a Supporting Regulator, is available:

Download the Primary Authority support request template for product safety and legal metrology.

Advice: other areas of regulation

In all other areas of regulation enforced by OPSS, it is important to us that businesses feel able to come to us for advice when it is needed.

We encourage businesses to approach us at an early stage to make us aware of any non-compliance or product safety risk that they have identified, including where there is an obligation for them to notify relevant authorities (see Statutory notifications). We welcome approaches from businesses that seek advice and clarification on compliance related issues with a view to mitigating the impact of the non-compliance or product safety risk, or preventing recurrence, including from a business that is the subject of an investigation by us. When making any subsequent decision on appropriate enforcement action, we will take account of an early, positive and co-operative approach.

Where we receive a request for advice, from a business that has failed to comply with legislation that we enforce, our primary concerns are to ensure protection for people and the environment; to ensure adequate steps are taken to address the issue; and to minimise the likelihood of recurrence (see Responding to non-compliance). We will use our powers to take enforcement action where we consider this to be appropriate, in line with our Enforcement Policy.

We do not charge or recover costs for the provision of advice to those we regulate, other than where we are acting in our capacity as a Supporting Regulator under Primary Authority (see above). Where advice is required to be tailored to the particular needs and circumstances of a business, we will:

• seek to fully understand the nature of the request
• discuss what is required to achieve compliance
• provide clear, reliable advice that can be easily understood
• distinguish legal requirements from suggested good practice
• ensure that any verbal advice is provided in writing if requested
• acknowledge good practice and compliance

Compliance enquiries can be made by contacting us (see How to contact us). In responding to such enquiries we will aim, within 5 working days to:

• acknowledge the request and inform the business which officer has been allocated to it
• advise the business when it can expect a substantive response
• explain what we may or may not be able to do, so that the business knows what to expect

Where we are unable to provide a full response to the request within 5 working days, we will keep the business informed of progress.

Statutory notifications

Some of the legislation that we enforce requires businesses to notify us if they have identified an unsafe or non-compliant product that they have placed on the market or supplied/ made available, along with the corrective measures that they have taken subsequently.

Where we receive a notification from a business in relation to an unsafe or non-compliant product, our primary concerns are to ensure protection for people and the environment; to ensure adequate steps are taken to address the non-compliance and its effects; and to minimise the likelihood of future non-compliance (see Responding to non-compliance).

Information provided to OPSS (or other enforcement authorities) is handled as set out in our guidance:

Read guidance on the notification of unsafe and noncompliant products.

Checking compliance

We make use of the best available scientific and technical evidence, data, and intelligence when planning our enforcement and market surveillance activities, making risk-based decisions on which sectors, products and businesses to focus on, including at the border. We engage with consumer bodies, business representative bodies, non-governmental organisations and other stakeholders to build our understanding and inform our decisions.

We check compliance with the legislation we enforce in various ways including through reviews of technical documentation, inspections, product examination and testing, and investigations.

Inspections

We will give reasonable notice that we intend to carry out an inspection at business premises – unless we have reason to believe that an unannounced visit is more appropriate – and we will undertake our inspections at reasonable hours.

In the normal course of inspections, our officers will:

• present their authorisation card
• explain the reason and purpose of the inspection
• explain any powers of entry, and associated powers, that they are using
• exercise discretion in front of customers and staff and, wherever possible, seek to minimise the potential for causing reputational damage to the business
• seek, wherever possible, to cause as little disruption to the conduct of a business as is reasonably practicable
• have regard to a business’ approach to compliance, and use this information to inform future interactions
• provide information, guidance and advice to support a business in meeting its statutory obligations, if required
• provide a written record of the inspection

In certain circumstances we may consider it appropriate to offer a remote meeting – either online or by telephone call – as an alternative to inspecting at business premises. When conducting such meetings, our officers will follow the above principles, as appropriate.

Product assessment and testing

OPSS monitors products that are available for sale via all routes, including on online selling platforms and social media platforms. OPSS also purchases products for compliance assessment and testing via different routes, including on online selling platforms.

When we obtain products for compliance assessment or testing, we will, in most cases, inform the appropriate business or businesses in a timely manner. We will notify the results of compliance assessment or testing in a timely manner to the appropriate business or businesses. This will usually be the manufacturer (or its representative), the importer, or the distributor.

We may choose not to notify individual businesses of products purchased where we consider that notification may prejudice an ongoing investigation.

Requiring documents and information

Some of the legislation that we enforce requires businesses to assure compliance by:

• drawing up specific documentation, including product risk assessments
• retaining specific documentation and other information and making it available for inspection
• providing specified documentation and other information when required to do so by OPSS, or, in some cases, another enforcement authority

When we exercise powers to require production of specific documentation or information we will be clear about the reason and about the powers that we are using. We will explain how the documentation and/ or information must be provided and what will happen if it is not provided to us.

Documentation and/ or information that is provided will be assessed and we will notify the business that provided the documentation and/ or information of the outcome of this assessment in a timely manner.

Checking goods at the border

Consignments of goods arriving in the UK may be subject to controls to ensure that they meet the requirements of applicable legislation.

OPSS, working with border control authorities and other market surveillance authorities, may carry out checks on goods and may determine that the goods should be held until further documentary or physical checks can be made.

Where OPSS determines that a consignment, or part of a consignment, should be held pending further documentary or physical checks, we will notify the importer and/or authorised agent and will aim, within 3 working days, to:

• explain the reason(s) for holding the goods
• explain any powers that we are using
• explain what documentation and/ or information must be provided and how it should be provided
• set out the period within which the documentation and/ or information must be provided and explain what action we may take if the required documentation and/ or information is not provided within the specified period
• advise where we need to carry out testing on any products

OPSS will keep the appropriate person(s) informed throughout the process and if our checks identify non-compliance we will explain the options open to them, and the actions that we may take, which may include applying for forfeiture of the goods.

If, after these checks, we are satisfied, we will clearly communicate this to the appropriate person(s), and the owner or responsible person for the storage location where the consignment is located. Information will also be provided to the border control authority so the goods can be released, subject to any further controls.

Responding to non-compliance

Our aim, when addressing non-compliance with the legislation that OPSS enforces, and any product safety risk, is to act, as set out in our Enforcement Policy, in a manner that is proportionate to:

• the nature of the legal obligation and the non-compliance or product safety risk
• the seriousness of the non-compliance or product safety risk, including in relation to harm caused or the potential for harm
• the associated circumstances, including the individual business context and the wider context

We will, in most cases, aim to update a business that is subject to an investigation on the progress of the investigation, but may choose not to update a business where we consider that this may prejudice the investigation or potential enforcement action. A business under investigation should generally expect updates from us at least monthly.

Read our Enforcement Policy, which explains how we will deal with breaches of law. It is also available by contacting us (see How to contact us).

Complaints, challenges and appeals

We are always willing to discuss the reasons why we are considering or have made a given decision. Where we take enforcement action, there is often a statutory right to appeal. Where there is not a statutory right to appeal, businesses (or other interested parties) are still entitled to challenge our advice, actions, or decisions if they believe that we are wrong. We publish clear information for businesses about rights to challenge or appeal against our enforcement actions or decisions and we will always inform a business about its rights at the appropriate time:

Read information on challenges and appeals to our enforcement actions.

OPSS is committed to providing a high quality, accessible and responsive service. We welcome any comments or complaints about our service, including when we get things wrong. Where anyone affected by our activities is dissatisfied with our service or behaviour, the complaint or comments should be sent as soon as possible. We take all complaints very seriously and our aim is to resolve any problems or difficulties quickly and fairly. We manage complaints about our service, or about the conduct of our officers, through our Complaints Procedure:

Read our Complaints Procedure.

Developing our services

We value the views of businesses and others in ensuring that we are delivering our services to meet the needs of our different stakeholders.

Read information on our approach to business engagement and accountability.

We also value input and scrutiny of our activities from consumer groups, environmental groups, and other interested parties. We engage proactively with such organisations and are always happy to welcome approaches from them.

How to contact us

Please use the contact details below:

• Email: [email protected]

• Telephone: 0121 345 1201

• Post:

Office for Product Safety and Standards
Cannon House – 4th Floor
18 Priory Queensway
Birmingham
B4 6PH

We will seek to work with you in the most appropriate way to meet your individual needs. We can make information available in different formats and have access to translation and interpretation services:

Managing and sharing information

We record instances of non-compliance and take account of these in determining future interventions.

We share information and data on compliance and risk with other regulators where the law allows. In doing so, we will handle personal information in accordance with applicable data protection laws.

Details on how we will use personal data, and individual’s rights in relation to that data, are set out in our Privacy Notice:

Read our Privacy Notice.

Read information about your rights to access information that we have not published (under the Freedom of Information Act 2000, the Environmental Information Regulations 2004, or the General Data Protection Regulation).

Footnotes

1. In this document, the term ‘businesses’ refers to any legal entity that is regulated, including any form of business, individual, charity, public sector body or other form of organisation. ↩

2. Our product safety responsibilities cover all consumer products, except for vehicles, medicines and food. ↩

3. In some of these areas of regulation we deliver on behalf of other parts of government, including the Department for Energy Security and Net Zero, the Department for Environment, Food and Rural Affairs, the Department for Science, Innovation and Technology, the Ministry of Housing, Communities and Local Government, and the Office for Zero Emission Vehicles. ↩

4. Legislative and Regulatory Reform Act 2006, Part 2. ↩