Suppliers of dinosaur and prehistoric animal models have some new consumer safety regulations to comply with. From today, the 13th of December the EU General Product Safety Regulation (GPSR) comes into force. This new regulation places new responsibilities on companies exporting to the European Union (EU), Northern Ireland and the European Economic Area (EEA). As far as we at Everything Dinosaur are aware, the regulation covers all CE marked prehistoric animal figures and all other models and figures including resin replicas as well. All toys are covered by this new regulation.
The new rules will apply in principle to all products, but there are some exclusions. For example, products of animal origin (POAO), food, feed, medicines for human use, live plants and animals, aircraft involving low safety risks and antiques. Furthermore, we believe second-hand and pre-loved items are impacted by GPSR.
Irrespective of whether or not a prehistoric animal model is CE marked it should come under the new GPSR regulation, and anyone involved in the distribution chain (economic operator) is expected to understand their obligations under GPSR.
What Does the General Product Safety Regulation Do?
The General Product Safety Regulation has been set up by the European Commission. It addresses safety concerns regarding products entering the EU, Northern Ireland and the EEA. Whilst it covers virtually all trade, it has specific implications for goods sold on-line or by other means of distance selling.
A precautionary principle runs throughout the new obligations and processes introduced by GPSR. In addition, there is a strong emphasis on the traceability of products. The legislation was first consulted upon four years ago.
Manufacturers or importers placing goods on the market from outside the EU, EEA or NI must have a responsible economic operator appointed within these areas. Normally, this would be the manufacturer. However, as an importer Everything Dinosaur has appointed an Authorised Representative. We have been working with an Authorised Representative in the EU for several years. This relationship was set up when the EU 2019/1020 Market Surveillance Regulation came into force.
To read more about the EU 2019/1020 Regulation: New Market Surveillance Regulations Come into Force.
If a manufacture does not appoint an Authorised Representative in the EU, or establish themselves within the EU, then Everything Dinosaur as the importer will take on this role. However, please note, in the absence of any action by the manufacturer it is the responsibility of other sellers of that manufacturer’s products who are also outside the EU to take steps to ensure that they are also compliant.
The Impact of GPSR
There are some notable impacts of GPSR. This regulation affects all prehistoric animal model manufacturers according to our interpretation of the rules. We are changing our product labelling for items sold to the EU, the EEA and Northern Ireland. These new EU rules will apply to Northern Ireland under the terms of the Windsor Framework.
Product labelling requirements:
- The name, address and electronic address of the manufacturer.
- The name, address and electronic address of an authorised economic operator if the manufacturer is not in the EU/EEA/Northern Ireland.
- Pictures of the product and details on the product type.
- Warnings and safety notifications in a language the purchasing consumer can understand.
- These must also be attached to the product or on a document packaged with or accompanying the product. QR codes can be used but they do not replace the need for written safety instructions and warnings (latest advice received as of December 2024).
Additional Requirements for On-line Marketplaces
The General Product Safety Regulations have been designed to encompass on-line sales. This reflects the increasing trend for on-line shopping. On-line marketplaces are not just platforms like Amazon, Ebay and Etsy, if you sell into Europe or Northern Ireland via a website, you need to comply as well.
Additional requirements:
- Subscribe to the EU rapid alert system for dangerous non-food products and receive weekly reports (we get ours every Friday).
- Register your business/website on the EU Safety Business Gateway and report and issues regarding the items that you sell.
Everything Dinosaur is registered on the EU Product Safety Gateway. Picture credit: European Commission.
Picture credit: European Commission
- Have a single point of contact for market surveillance authorities and enquiries.
- Keep a record of customer and product information (helpful in case of a product recall).
- Work with market surveillance authorities and other operators.
- Have internal compliance procedures.
The logo of the European Commission Safety Gate which relates to the General Product Safety Regulation. Picture credit: European Commission.
Picture credit: European Commission
New Guidelines Being Published
The Department for Business and Trade (DBT) produced guidance in relation to the implications of the Regulations on placing goods on the market in Northern Ireland, but these were only issued just before implementation (December 3rd).
Ironically, the General Product Safety Regulation does not apply to goods coming from Northern Ireland to Great Britain. In addition, this legislation does not apply to products placed on the relevant market before 13th of December 2024 (Article 51 exemption).
Practical Steps Regarding General Product Safety Regulation Taken by Everything Dinosaur
Everything Dinosaur team members have taken practical steps to help them comply with the new regulation. We put consumer safety at the very heart of our business.
- We have appointed an Authorised Representative in the European Union.
- Everything Dinosaur is a subscriber to the EU rapid alert system.
- We have registered on business and website on the EU Product Safety Gateway (we were amongst the very first businesses in Great Britain to do so).
- Authorised Representative contact details including an email address is on product packaging destined for the relevant markets.
- Everything Dinosaur contact information is on product packaging destined for the relevant markets.
- Maintain technical files on products affected including details of CE tests and Declaration of Conformity (DoC) as part of an internal risk analysis.
- Ensure affected products are despatched with contact information in twenty-four languages.
- Add GPSR contact details to the Everything Dinosaur website.
- Prepare a standard product recall notice (EU template expected in the near future).
- Set in motion plans to let any affected consumers know directly with regards to a safety alert or product recall.
- Discussed plans to ensure consumer data is held safely and securely to ensure rapid traceability in terms of a product recall.
- Prepare safety information in the twenty-four languages of the European Union.
- If a product recall is enacted to ensure consumers do not have to cover the cost of any replacement or refund mechanism.
- Everything Dinosaur has joined a community of businesses to help prepare for future compliance issues – GTD (Global Trade Department).
For reference the European Economic Area is defined as the EU, and the three European Free Trade Area states – Iceland, Liechtenstein and Norway.
Visit the award-winning Everything Dinosaur website: Prehistoric Animal Models.
