SHE Matters: New Product Labelling Requirements?

On 2 September 2022, the Department for Environment, Food and Rural Affairs (Defra) and the devolved governments published a consultation on proposals to introduce mandatory water efficiency labelling on water-using products in the UK. The label is at the centre of Defra’s policy pathway to deliver their proposed Water Demand Target under the Environment Act 2021.

Defra state that climate change and population growth are increasing pressure on our water resources. The UK Government’s 2021 Written Ministerial Statement on reducing demand for water included an action “to make regulations to introduce a mandatory water efficiency label to inform consumers and encourage the purchase of more water efficient products for both domestic and business use”. A Mandatory Water Efficiency Label will give consumers the information they need to make informed decisions when purchasing new water using products for their home. It will also help developers and water companies to improve water efficiency in buildings. Defra estimates that, over a decade, the new labels could save households in the region of GBP125 million on water bills and GBP147 million on energy bills because less water will need to be heated. The Government’s expectation is that the measure will save 1.2 billion litres of water a day.

The consultation, which closes at midday on 25 November 2022, proposes labelling toilets, urinals, kitchen sink taps, bathroom basin taps, non-electric shower outlet devices and shower assembly solutions, dishwashers, washing machines and combination washer-dryers as defined in the ISO standard 31600:2022 (Water efficiency labelling programmes: requirements with guidance for implementation). The consultation proposes a simple standalone water efficiency label showing the water flow rate or consumption per cycle (x litres/min), which will be similar to the energy efficiency label design. Defra is considering banded (tiered) labelling that shows various rated levels of water consumption. The supplier that first places a regulated product on the market, or puts it into service, will be responsible for assessing and labelling. A supplier is the manufacturer, authorised representative or importer of a product. Dealers and retailers will be required to clearly display the label.

Defra wants to hear views on these plans. The consultation sets out:

• the proposed approach
• products covered by the label
• label design and features
• label display
• standards to support the label Anyone interested in taking part in the consultation can find it here: Consultation

Responses to the consultation will shape the development of processes, guidance and secondary legislation. Defra have also asked water companies to set out how they can help promote this label and use it as part of incentive or rebate schemes. Defra expects to conclude the labelling scheme development and draft regulations later in 2023. There will be an implementation period from the regulations coming into force (for example, of 18 months) to allow suppliers to adapt. Defra estimate that the changes will come into force by early 2025.

A detailed enforcement regime will form part of the new legislation with the 3 main functions of the enforcement authorities being to: monitor compliance, investigate compliance and impose sanctions when a breach has been identified.