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.
Whenever possible, you will be given an opportunity to give your views before a notice is issued.
The type of notice will reflect the seriousness of the risk.
Types of notices
The table below shows the types of notice that Trading Standards can issue.
|Suspension notices||A notice that temporarily bans the supply of a product while tests are being carried out and Trading Standards are awaiting results|
|Requirement to mark / requirement to warn||This notice allows Trading Standards to order the marking of a product with suitable warnings or require specific warnings targeted to those at risk (such as young children or the elderly)|
|Withdrawal notices||This notice permanently prevents a person from supplying a product which is on the market and is believed to be dangerous|
|Recall notices||If Trading Standards has reasonable grounds for believing that a dangerous product has already been supplied to customer, and voluntary action is not sufficient to remove the risk, they can issue a recall notice. |
The supplier / distributor will then need to arrange a returns process for customers who have bought the recalled good. The product will then be destroyed
Codes of practice on recalls
The code of practice on recalls may help.
Non-compliance with a recall or withdrawal notice
If there has been a delay in complying with safety notices, or that the steps taken are insufficient, action may be taken to withdraw or recall the goods. Any costs incurred may be recoverable as a debt.
Appealing a safety notice
You can appeal to the Royal Court within one month of receiving a safety notice.
The Royal Court may confirm, vary or revoke the notice or substitute a different type of notice.
Destroying dangerous products
Where products are dangerous, an application can be made to the Royal Court for an order for their forfeiture and destruction.
The court may allow for the repair, reconditioning or scrapping of the goods.
Failing to comply with the Consumer Safety (Jersey) Law 2006 is an offence.
The maximum penalty on conviction is a fine and six months’ imprisonment. The court may also forfeit any or all of your unsafe goods.
If a product causes personal injury or property damage, you could be liable to pay substantial damages.
This information is intended for guidance. Only the courts can give an authoritative interpretation of the law.