Unsafe products in the UK: notifying OPSS and recalls
9 min read
Unsafe product in Great Britain? When you must notify in writing, when non-UK firms notify OPSS, when recalls follow and what Northern Ireland needs.
You make consumer products outside the UK, and a customer in Great Britain reports that one of them broke and injured her. Once the producer knows the product is unsafe, British law requires a written notification to an enforcement authority; businesses without a UK base that cannot identify a local authority notify OPSS, the Office for Product Safety and Standards. Here is who notifies, what to include, when recalls follow and why Northern Ireland takes the EU route.
What the UK duty to notify an unsafe product requires
In Great Britain (England, Scotland and Wales), the General Product Safety Regulations 2005 (opens in a new tab) (the 2005 Regulations) are the baseline safety law for consumer products. Sector rules, for example for toys, take precedence for the risks they cover and have their own notification duties (regulation 3; OPSS notification guidance (opens in a new tab), Annex A).
Under regulation 9 (opens in a new tab), a producer or distributor that knows a product it has placed on the market or supplied poses risks incompatible with the general safety requirement, the rule that only safe products are placed on the market, must "forthwith" notify an enforcement authority in writing, including the action taken to prevent risk to consumers. For a serious risk, the notification must identify the product or batch, describe the risks in full, give all available tracing information and describe the action taken (regulation 9(3)). Exceptions cover isolated circumstances and second-hand antiques or products sold for repair (regulation 9(2)).
Who must notify when you are based outside the UK
The duty falls on the producer and on distributors such as retailers (regulation 9). For a manufacturer not established in the UK, the producer is its UK representative or, failing that, the UK-established person placing the product from outside the UK on the market (regulation 2):
- You have a UK representative: the representative notifies.
- You sell through a UK importer: the importer notifies, using your test reports, risk assessment and batch data.
- You ship directly to consumers in Great Britain: regulation 2 names no UK-established producer; the OPSS notification guidance gives businesses without a UK entity a route to notify (section 5).
Whatever your setup, agree in writing who notifies, who supplies which data and who decides on a recall.
Great Britain, Northern Ireland and the EU compared
Northern Ireland follows the EU General Product Safety Regulation (GPSR): we derive this from the Windsor Framework, the post-Brexit arrangement there, and OPSS confirms it.
| Topic | EU | Great Britain | Northern Ireland |
|---|---|---|---|
| Trigger | Reason to believe the product is dangerous (Art. 9(8)) | Knowledge of risks incompatible with the general safety requirement (reg. 9(1)) | As in the EU |
| Channel | Safety Business Gateway, immediately (Art. 9(8)(c)) | In writing to an enforcement authority, forthwith (reg. 9(1)) | Safety Business Gateway, plus the UK authority (OPSS guidance 2.9) |
| Accidents | Separate report (Art. 20) | No separate duty | As in the EU |
| Recall | Set recall notice, at least two remedies (Art. 36, 37) | No set template; the authority can order a recall (reg. 15) | As in the EU |
How to notify OPSS or trading standards, step by step
- Act on knowledge, not on proof. Log the complaint, check for similar reports and test the product (regulation 7(4)(b)).
- Find the authority. Normally the local trading standards service (OPSS guidance for Great Britain, section 7); for sector law, Annex A of the notification guidance names the lead authority.
- No UK base? Notify OPSS at ukproductsafetycp@businessandtrade.gov.uk if no local authority can be identified; OPSS then finds the lead authority and contacts you (guidance, sections 5.2 to 5.4).
- Use the suggested OPSS form and attach evidence. It asks for product and batch details, units affected, market (Great Britain, Northern Ireland or both), risk, tests, accidents, corrective action and supply chain; attach test reports and the risk assessment (guidance, sections 2.3, 2.6).
- Keep cooperating. Inform your distributors (regulation 7(4)(b)(iii)) and answer the authority's requests (regulation 9(4)).
Withdrawal, recall and what becomes public
Where needed to avoid the risks, producers withdraw the product, warn consumers or, as a last resort, recall it (regulation 7(3)(b)). A withdrawal stops distribution; a recall gets back products that consumers already have (regulation 2).
If your own action falls short, the authority can serve suspension, marking, warning or withdrawal notices (regulations 11 to 14) and, once a dangerous product has reached consumers, a recall notice (opens in a new tab). Except in urgent cases of serious risk, it must give you at least ten days' notice, and you can make it seek, at your own cost, the advice of an expert appointed by the Chartered Institute of Arbitrators (regulation 15(4) to (7)).
A recall notice can require you to contact buyers, publish a notice and collect products; if you do not comply, the authority can act itself and recover its costs (regulation 15(2), (9), (10)). For recalls, OPSS points to the code of practice PAS 7100:2022 (guidance, section 3.5).
Northern Ireland: the EU route, plus a UK notification
According to OPSS, the GPSR superseded the 2005 Regulations in Northern Ireland on 13 December 2024 (OPSS guidance for Great Britain (opens in a new tab), section 2); background in GPSR in Northern Ireland, not in Great Britain.
A manufacturer that considers a product it has placed on the market dangerous must immediately take corrective measures and inform consumers and, through the Safety Business Gateway, the authorities (Article 9(8) GPSR (opens in a new tab)). Accidents follow Article 20; for a manufacturer outside the EU, its Responsible Person ensures that accidents it knows of are notified (Article 20(4)). Our article on Safety Business Gateway reporting and recalls explains both reports.
OPSS adds that an unsafe product sold in Northern Ireland should also be notified to the relevant UK authority (guidance, section 2.9).
Practical example: a U.S. maker of folding step stools
A U.S. brand sells folding step stools, which no sector rules cover. A Manchester importer supplies British retailers; an Authorized Representative in Germany is the brand's Responsible Person for the EU and Northern Ireland. A customer in Leeds falls when a hinge cracks; tests show weak hinges in one batch, also sold in Northern Ireland and the EU.
| Step | Who acts | Market | Basis |
|---|---|---|---|
| Written notification: test report, batches, recall plan | Importer as producer, with the brand's data | Great Britain | Reg. 2, 9(1), (3) |
| Recall, listed on gov.uk | Importer and brand | Great Britain | Reg. 7(3)(b); OPSS guidance 3.4 |
| Gateway report, UK notification, recall notice with two or more remedies | Brand, with its Responsible Person | Northern Ireland and EU | Art. 9(8), 36, 37 GPSR; OPSS guidance 2.9 |
In our reading, Article 20 GPSR does not cover the Leeds accident in Great Britain; the report for Northern Ireland and the EU concerns the batch.
What the UK reform may change
Under the Product Regulation and Metrology Act 2025 (opens in a new tab), the government can make new product regulations. Its consultation on a new product safety framework (opens in a new tab) (31 March to 23 June 2026) proposed making the overseas seller the producer in distance sales without a UK manufacturer, representative or importer, and duties for all supply chain actors to monitor safety and cooperate with authorities (proposals A10 and A11).
When we checked on 5 October 2026, the government had not published its response. Proposals are not law: until new regulations replace them, the 2005 Regulations apply.
Common mistakes with unsafe products in the UK
- Using the Safety Business Gateway for Great Britain. Great Britain needs a written notification to a UK authority.
- Waiting for a second complaint. Staying silent is an offense where you ought to have known of the risk (regulation 20(3)).
- Leaving everything to the importer. It notifies, but it needs your technical data and decisions.
- Forgetting Northern Ireland. Units sold there follow the GPSR recall rules (Articles 36 and 37).
Conclusion: one incident plan for three markets
An unsafe product in the UK means two procedures: a written notification for Great Britain and the EU route for Northern Ireland. Our EU and UK market entry checklist helps you fix the roles for all three markets before launch.
As your GPSR Responsible Person, Representa monitors safety incidents and handles communication with authorities and platforms in the EU, and the same appointment can serve Northern Ireland; EU authority inquiries are part of our Market surveillance support. All of this is within the agreed scope and mandate; you remain the manufacturer. We also cover the United Kingdom as part of Compliance.
Frequently asked questions
Do I have to notify OPSS if my company is not based in the UK?
If you sell through a UK importer or representative, it is the producer and normally notifies its local trading standards service. Where a business has no UK entity and no local authority can be identified, OPSS asks for the notification to go to ukproductsafetycp@businessandtrade.gov.uk and then finds the lead authority (guidance, section 5).
How quickly must an unsafe product be notified in Great Britain?
Forthwith and in writing (regulation 9(1), General Product Safety Regulations 2005). There is no fixed number of days. Failing to notify is a criminal offense, also where you ought to have known of the risk (regulation 20(2), (3)).
Does a Safety Business Gateway report cover Great Britain?
No. The Safety Business Gateway is the EU channel, which OPSS also names for Northern Ireland, where the EU GPSR applies. For Great Britain, you notify a UK enforcement authority in writing under regulation 9 of the 2005 Regulations; OPSS offers a notification form for this.
Can a UK authority order a product recall?
Yes. An enforcement authority can serve a recall notice if a dangerous product has reached consumers and other measures would not suffice (regulation 15). Except in urgent cases of serious risk, the business's own action must also be insufficient and the authority must give at least ten days' notice first.
Do I need a UK Responsible Person to handle notifications?
Not for general consumer products. The 2005 Regulations place the duty on the producer, which for a manufacturer outside the UK is its UK representative or the UK importer, and on distributors (regulations 2 and 9). The 2026 consultation considered a UK-based responsible person only for some high-risk products.
