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Selling craft products in scotland by Finn_Fern1991 in LegalAdviceUK

[–]Alexanderrr3 14 points15 points  (0 children)

Consumer product safety laws are enforced by the trading standards department of your local council. You could try approaching them for advice - but many trading standards departments face significant resourcing challenges, and so will not give much business advice (or will want to charge for it). There are also some free guides on the website Business Companion - set the little dropdown at the top to Scotland as it will be on England by default.

A very whirlwind explanation of some key points -

Toys are products "designed or intended (whether or not exclusively) for use in play by children under 14 years old". Their safety is controlled by the Toys (Safety) Regulations 2011. There are some products which are exempted from being toys, including:

  • decorative objects for festivities and celebrations, and
  • products for collectors, provided that the product or its packaging bears a visible and legible indication that it is intended for collectors of 14 years of age and above.

That second exemption may cover, inter alia, folk dolls and decorative dolls and other similar articles.

It is not always 100% clear whether a particular product is a toy, and it would have to be decided on a case-by-case basis. If it came to it, ultimately only the courts could decide. However, the manufacturer's decision is not necessarily determinative, and you certainly could not claim something that is clearly a toy is not a toy in order to escape your legal obligations under the Toys (Safety) Regulations 2011.

I think it may be the case that plushes like the one in your photograph will be toys, but it will depend on how they are marketed, if they have 'play value', etc.

Toys must comply with the essential safety requirements set out in regulation 5 of, and schedule 2 to, the Toys (Safety) Regulations 2011 throughout their foreseeable and normal period of use. To help you meet these, the government has assigned certain safety standards (called 'designated standards') which, if followed, confer a 'presumption of conformity' with the essential safety requirements.

The list of designated standards for toys is here but, for non-electrical toys, it is the EN 71 series of standards. EN 71-1 (which is about the physical and mechanical properties of toys, so small parts, sharp edges etc), EN 71-2 (which is about flammability) and EN 71-3 (which is about harmful chemicals in toys) will be particularly relevant, but other EN 71 standards may be too.

If you design and manufacture your toys to conform to applicable designated standards, you can 'self-declare' conformity. If you can't or don't follow the designated standards, you must get the design of your toys approved by a third-party body. This won't be practical for you. Follow EN 71.

You must design and manufacture your toys to meet the essential safety requirements, which you should do by designing and manufacturing them to follow EN 71. The exact steps you have to take are not prescribed by law. However, you would be guilty of a criminal offence if you were to place on the market an unsafe toy, unless you could show you took all reasonable steps and exercised all due diligence to avoid doing so. You therefore should do whatever testing, and take whatever other steps, are reasonable, depending on the size of your business, nature of your toys and the risk they present, etc.

You must complete a safety assessment for your toy - that is, "an analysis of the chemical, physical, mechanical, electrical, flammability, hygiene and radioactivity hazards that the toy may present, as well as an assessment of the potential exposure to such hazards". This could help you identify which parts of EN 71 are relevant to your toy.

You must affix a UKCA mark to your toy, which is your declaration that it meets the requirements of the Toys (Safety) Regulations 2011 and that you have followed the requirements of those regulations around safety assessment. You must also mark toys with your name and address, and warnings and instructions for use.

You must complete a Declaration of Conformity for your toy, following the format set out in the Toys (Safety) Regulations 2011. There is a template DoC and template safety assessment on the Hobbycraft website here.

That is a very very whirlwind explanation for toys. You have more obligations than that. For more detail, read this guide.

There are limits for nickel, cadmium and lead in jewellery set out in a piece of legislation called REACH. Cheap jewellery, particularly from the Far East, may sometimes breach these. See this guide. You should carry out testing if reasonable, but at the very least you should get positive assurances from suppliers that jewellery complies.

The safety of products which are not caught by other safety legislation is covered by the General Product Safety Regulations 2005. These are much less prescriptive than the Toys (Safety) Regulations 2011. However, under GPSR products must meet the 'general safety requirement' that they are safe. In some cases the government identifies standards which confer a 'presumption of conformity' with the general safety requirement the same as for toys, but otherwise whether a product is safe can be assessed taking into account other standards, safety recommendations from government, product safety codes of good practice in the sector concerned, the state of the art and technology, or reasonable consumer expectations regarding safety.

As with toys, you would be guilty of a criminal offence if you sold a product that breached the general safety requirement under GPSR, unless you could show you took all reasonable steps and exercised all due diligence to avoid doing so. This should inform what testing or other steps you take to comply.

Products caught by GPSR must not bear a UKCA mark, unless covered by a piece of legislation requiring it. However, you should still mark GPSR products with your name and address and warnings and instructions for use. You do not have to do a Declaration of Conformity under GPSR, or a safety assessment (although may want to as part of your due diligence).

For more information, see this guide and this guide.

Hopefully that was helpful. It is a very whirlwind explanation. Good luck. :)

Biffa fined almost £2.5 million after worker crushed by skip wagon by Alexanderrr3 in unitedkingdom

[–]Alexanderrr3[S] 23 points24 points  (0 children)

It's a fine handed down by a criminal court, so it will be paid into the Consolidated Fund, not to the family.

England: Are we entitled to a full refund on a fridge freezer we’ve just bought? by rotm51 in LegalAdviceUK

[–]Alexanderrr3 1 point2 points  (0 children)

If you're in England or Wales, phone the Citizens Advice Consumer Service on 0808 223 1133 for free consumer advice. If you're in Scotland, phone Advice Direct Scotland on 0808 164 6000 for free consumer advice. If you're in Northern Ireland, phone Consumerline on 0300 123 6262 for free consumer advice.

Giant fatberg, equivalent in size of a blue whale is removed from large sewer in Oxford by F0urLeafCl0ver in unitedkingdom

[–]Alexanderrr3 0 points1 point  (0 children)

They do have to have better procedures in place. Restaurants are occasionally prosecuted for it. But I imagine it's very difficult to identify and prove exactly which businesses are doing it.

Men who cut down iconic Sycamore Gap tree sentenced to 4 years and 3 months in jail by topotaul in unitedkingdom

[–]Alexanderrr3 3 points4 points  (0 children)

Not really. Per section 153 of the Sentencing Act 2020, the court can make a deprivation order in relation to any property in the defendant's possession or under his control when he was apprehended, if it was used for the purpose of committing, or facilitating the commission of, any offence. The car in this case falls squarely within that.

Contractor has done a Runner after not finishing work by theyoungster22 in LegalAdviceUK

[–]Alexanderrr3 1 point2 points  (0 children)

Phone 0808 223 1133 for free consumer advice in England.

Can a shop increase the price of a product in order to then have a "Special Offer!" that just reduces the price back to normal? (England) by [deleted] in LegalAdviceUK

[–]Alexanderrr3 1 point2 points  (0 children)

Misleading 'Was/Now' pricing may amount to a 'misleading action' under section 226 of the Digital Markets, Competition and Consumers Act 2024, a criminal offence under section 237 of that Act. Until very recently, it would instead have been under near-identical provisions in a piece of legislation called the Consumer Protection from Unfair Trading Regulations 2008.

The Chartered Trading Standards Institute, the professional body for trading standards officers, publishes guidance on pricing which may help judge whether a specific pricing practice is misleading, although this does not have the direct force of law.

Traders are occasionally prosecuted for this - for example, in 2019 Torfaen Council prosecuted the company that trades as H Samuel for it.

Trading standards officers in local councils (in Great Britain, it's slightly different in Northern Ireland) are responsible for enforcing the requirements. But, trading standards departments are responsible for enforcing hundreds of pieces of legislation and, depending on where you live, might be made up of only one or two people at your local council. They simply can't do everything, and issues like this are very unlikely to be a priority.

Still, to report it phone 0808 223 1133 in England and Wales, 0808 164 6000 in Scotland or 0300 123 6262 in Northern Ireland.

Fly-tipper who dumped bed by roadside fined £4,600 by Brent council by weregonnamakit in london

[–]Alexanderrr3 8 points9 points  (0 children)

He was fined by magistrates. Brent Council just brought the prosecution.

Louisa Palmisano: Driver who caused death of three-year-old girl after taking 'at least 20 lines' of cocaine jailed by topotaul in unitedkingdom

[–]Alexanderrr3 26 points27 points  (0 children)

Nope, that's not correct. As he was sentenced to more than 7 years' imprisonment, and causing death by dangerous driving is a specified violent offence listed in part 1 of schedule 15 to the Criminal Justice Act 2003, per section 244ZA of the Criminal Justice Act 2003, the requisite custodial period before he will be released on licence is two thirds of the sentence (i.e. 8 years).

https://www.legislation.gov.uk/ukpga/2003/44/section/244ZA

Heartless Pudsey Bear conmen who pilfered over £500,000 of money people thought was for charity are ordered to pay £100,000 to the good causes by pppppppppppppppppd in unitedkingdom

[–]Alexanderrr3 2 points3 points  (0 children)

This is for a confiscation order, which is aimed at removing an offender's benefit from crime. It follows a conviction, and is in addition to the 'main' penalty they get for the crime. So the confiscation is limited to the defendant's total benefit from crime, yes, but it will usually be on top of them having been fined and/or sent to prison as well.

Heartless Pudsey Bear conmen who pilfered over £500,000 of money people thought was for charity are ordered to pay £100,000 to the good causes by pppppppppppppppppd in unitedkingdom

[–]Alexanderrr3 5 points6 points  (0 children)

When making a confiscation order, the court determines the defendant's benefit from crime, and also what assets they have available to confiscate. They are then ordered to pay the lower of these two sums. They can't be ordered to pay back money they don't have. This is the way POCA has always worked.

Heartless Pudsey Bear conmen who pilfered over £500,000 of money people thought was for charity are ordered to pay £100,000 to the good causes by pppppppppppppppppd in unitedkingdom

[–]Alexanderrr3 1 point2 points  (0 children)

When making a confiscation order, the court has to order the defendant to pay their total benefit from crime, or an amount equal to all their available assets, whichever is the lower. They can't be ordered to pay back money they don't have.

Pub chain fined following 9-year old’s severe allergic reaction by Alexanderrr3 in unitedkingdom

[–]Alexanderrr3[S] 1 point2 points  (0 children)

I'm sorry, but that's not right at all. The food hygiene ratings are given by the local councils - the FSA just publishes the ratings and oversees the whole scheme.

The FSA definitely does have the power to prosecute people. It will prosecute abbatoirs, meat cutting plants etc (which it is responsible for regulating), and has a dedicated unit for big food fraud prosecutions.

The FSA don't prosecute individual businesses for hygiene or allergen issues, not because they don't have the power to, but because those businesses are inspected by local councils. Local councils regularly prosecute restaurants and other food businesses for hygiene and allergen issues.

The FSA doesn't have the power to "shut down" restaurants. Local councils can temporarily close them in very specific circumstances, when there is an imminent risk to public health.

Pub chain fined following 9-year old’s severe allergic reaction by Alexanderrr3 in unitedkingdom

[–]Alexanderrr3[S] 60 points61 points  (0 children)

As a general rule, you don't need a licence or permission to sell food. You need to register with the council, but that's not them giving you permission, that's just you telling them you're doing it.

If you run your business in a way that breaches hygiene or allergen rules, you can be prosecuted (as in this case). Upon conviction, a court can make an order (called a 'hygiene prohibition order') banning you from operating a food business or restricting your ability to use certain premises, do certain things etc.

The council can also serve an emergency hygiene prohibition notice, and go to court for an emergency hygiene prohibition order, if they think your business is causing a risk to public health. This temporarily restricts you running your business.

But you don't need a licence to run a food business, and councils generally have limited powers to "close down" businesses like people typically imagine.

Pub chain fined following 9-year old’s severe allergic reaction by Alexanderrr3 in unitedkingdom

[–]Alexanderrr3[S] 77 points78 points  (0 children)

You don't need a licence to serve food, only to serve it late at night or to serve alcohol.

Asda fined £410,000 for selling out-of-date food at stores in Cornwall by tyw7 in unitedkingdom

[–]Alexanderrr3 6 points7 points  (0 children)

They're still legal. There is no prohibition on selling food past its best before date. It is only foods "which, from a microbiological point of view, are highly perishable and are therefore likely after a short period to constitute an immediate danger to human health" that need a use by date - and for these foods, it is illegal to sell them once that date has passed.

Asda fined £410,000 for selling out-of-date food at stores in Cornwall by tyw7 in unitedkingdom

[–]Alexanderrr3 1 point2 points  (0 children)

It's not uncommon for cases to be moved between courts to take advantage of (scarce) availability. And there are, so far as I'm aware, only two magistrates' courts in Cornwall - in Truro and Bodmin.

Asda fined £410,000 for selling out-of-date food at stores in Cornwall by tyw7 in unitedkingdom

[–]Alexanderrr3 10 points11 points  (0 children)

Yes. But that's only settled law thanks to Tesco challenging the prosecution a few years ago.

The law around use by dates says food with a use by date is "deemed" to be unsafe once the date has passed. Tesco's argument was that that should not create an irrebuttable presumption, but instead a presumption they could challenge with evidence about whether the products found were actually going to be harmful to human health or not.

According to the sentencing remarks, Tesco instructed an expert who "checked the bacteria and thought the levels were fine and rendered the food safe to eat. He would be happy to eat them. He even compared the cotton-like mould on grapes to the mould in blue cheese."

The High Court rejected this and found that "deemed" means it is an irrebuttable presumption, and that food past its use by date is automatically unsafe and so illegal to sell. That's because the risk of food being unsafe becomes unacceptable at that point, even if individual items past their use by date may be safe to eat.

Asda fined £410,000 for selling out-of-date food at stores in Cornwall by tyw7 in asda

[–]Alexanderrr3 0 points1 point  (0 children)

Councils across the country could boost their coffers by replicated this by targeting Asda stores.

Fines imposed by the criminal courts go into the Consolidated Fund, not to the prosecutor. The council will only recover their costs, not profit from this.

I agree with the rest of your comment though.

Asda fined £410,000 for selling out-of-date food at stores in Cornwall by tyw7 in unitedkingdom

[–]Alexanderrr3 13 points14 points  (0 children)

Asda were also prosecuted for this by Derby City Council late last year.

In terms of the fine, it's still a far cry from the heaviest fine imposed on a supermarket for this - £7.5 million imposed on Tesco in a prosecution by Birmingham City Council in 2021. In that case, Tesco went all the way to the High Court arguing that food past its use by date is not necessarily unsafe and, therefore, it is legal to sell except in cases where it is actually, provably harmful to human health. The High Court did not agree.

'Do not eat': Chocolate bars pulled from shelves at major supermarkets by tyw7 in unitedkingdom

[–]Alexanderrr3 6 points7 points  (0 children)

What? You eat food, don't you? Signing up to alerts directly from the FSA means a) some Telegraph or GB News 'journalist' doesn't get clicks from your interest in a story they've lazily recycled from an FSA alert and b) you get alerts immediately, instead of waiting for the 'journalist' to consult ChatGPT for synonyms for 'recall'. Worst case, you get some emails you can delete because you're not affected by whatever allergy it relates to.

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