Defining a distributor
Under the law, you're a distributor if you sell, supply or wholesale consumer goods.
You must meet certain obligations including passing on all of the warnings and instructions that come with the goods.
Consumer Safety (Jersey) Law 2006 on Jersey Law
As a distributor, it's your role to supply a safe product. If you know or have information that goods may be dangerous, you must not supply them.
You should provide consumers with relevant information to allow them to:
- assess any risk posed by the product throughout the period of its use if the risks are not immediately obvious
- take precautions against those risks
You must pass on all warnings and instructions that accompany the product.
Professional use products
When you sell professional products, they must be treated as consumer goods. For example, certain power tools.
If you supply a 'professional use only' product to a consumer, you'll be responsible for its safety.
If the product could never be safe for use by consumers, you should take reasonable steps to make sure the marketing and supply of the product is very strictly controlled.
If you affect the safety of the goods, then you become the producer. Including:
- removing the goods from their packaging
- assembling products
- repairing products
- not passing on instructions and warnings
This means you'll have to comply with producer obligations.
Product safety for producers
Information and traceability
You should be able to:
- trace products you supply
- where they were purchased from
- who they were sold to
The documentation you use to support tax requirements may be enough.
Report unsafe consumer goods
If you find that a product you have supplied is unsafe, you must immediately tell your supplier.
You must cooperate with us and provide information on the:
- nature of the risk
- supply and marketing information
You must also take appropriate action to remove the risk from consumers.
If you do not meet the standards of the Consumer Safety (Jersey) Law 2006, we have access to a range of measures to remove the risk to consumer safety. These are known as safety notices.
Safety notices are only used when voluntary actions have not removed the risk. It's an offence under the law not to fulfil these obligations.
Safety notices (Trading Standards)
This information is intended for guidance. Only the courts can give an authoritative interpretation of the law.