Supplying consumer goods
If you sell, hire, part exchange or give consumer goods away free of charge, the Consumer Safety (Jersey) Law 2006 says that all consumer goods must be safe to use.
Goods are split in two categories: consumer goods and not consumer goods.
Consumer Safety (Jersey) Law 2006 on Jersey Law website
Consumer goods are those ordinarily used by consumers. They can be new or second-hand goods.
The law also covers products a consumer will use as part of a service. For example, gym equipment in a gym or high chairs provided for children in a restaurant.
Goods not covered by this law
The following are not consumer goods for the purposes of the law:
Defining a safe product
A safe product is a product that does not present any unnecessary risk to the person using it as long as it is used in a normal way.
The following will be taken into account (among other things):
- the packaging, all accompanying instructions and any other labelling
- the effect of the product on other products that it might be used with
- the person likely to be using the product, eg children having access to small parts
A framework for assessing safety
When assessing the safety of a product, we will consider:
- any safety requirements set by UK or European law
- any voluntary Jersey standard or voluntary UK national standards (this includes European standard)
- any recommendations of the European Community setting guidelines on the safety of goods
- industry codes of good practice
- if it's state of the art and the level of technology involved
- reasonable consumer expectations about safety
If a product must already meet the requirements of an existing Jersey Safety Order, then it must follow that order, eg motorcycle helmets.
Consumer safety (Motorcycle helmets) Order 2006 on the Jersey Law website
What you need to do as a supplier
Your obligations under the law will be dependent on whether you're a distributor or a producer.
If you sell, supply or wholesale consumer goods you are a 'distributor'. This means you must meet certain obligations which include passing on all of the warnings and instructions that come with the goods.
Product safety: information for distributors
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.
Product safety for producers
A range of guides are available on the Business Companion website under 'Product safety'.
Product safety information on the Business companion website
- cosmetic products
- electrical equipment
- food imitation
- goods in rented accommodation
- jewellery safety (metal content)
- mini motos
- off-road vehicles
- new and second-hand prams and pushchairs
- new nightwear
- new upholstered furniture
- ornamental & novelty giftware
- part-worn tyres
- second-hand electrical goods
- second-hand gas cooking appliances
- second-hand upholstered furniture
Exporting goods to another country
If you are exporting consumer goods to other countries, you should ensure the goods comply with the appropriate safety standards of that country.
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.
Due diligence information on the Business Companion website
If you have not fulfilled your obligations under the law, 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.
Safety notices (Trading Standards)
This information is intended for guidance; only the courts can give an authoritative interpretation of the law.