Defining a producer
Under the law, if you make your own goods or import consumer goods into the island you are a 'producer'.
This means you must meet certain obligations which include traceability and monitoring requirements.
As a producer, your main role is to supply a safe product.
You must also provide consumers with relevant information to enable them to:
- understand any risk that exists when using the product during its lifetime (if they are not immediately obvious)
take precautions against those risks
This means you need to give warnings and instructions that are:
Producers must also mark a product, or batches of products, so that they are identifiable and can be traced.
Checking before you supply goods to consumers
To enable you to be aware of the risks a product might present you should:
- sample test marketed products
- investigate and if necessary keep a register of complaints about the safety of the product
- tell your distributors about any risks you may have found
Carry out due diligence checks
You should carry out due diligence checks to make sure that your business is protected from breaches of the law.
Guidance regarding due diligence principles, CE marking and Test reports is available on the Business Companion website.
If you find out that a product you are selling, or have supplied, is not safe for consumers you must you must immediately contact the Chief Consumer Safety Inspector.
You should also tell them any actions you have taken to prevent risks to the consumer.
The Chief Consumer Safety Inspector will give you advice on what to do to remove the risk. The Inspector will also work with you on completing the notification.
Issuing a safety notice
If you do not meet the standards of the Consumer Safety (Jersey) Law 2006, Trading Standards have access to a range of measures to remove the risk to consumer safety. These are known as safety notices.
They are only used when voluntary actions have not removed the risk. It is an offence under the Law not to fulfil these obligations.
Producers must keep up to date with product developments and legal requirements. This could include amendments to standards, and technological and safety developments
This information is intended for guidance. Only the courts can give an authoritative interpretation of the law.