SHE Matters: OPSS Product Regulation Strategy 2022 to 2025 published

The Office for Product Safety and Standards (OPSS) is the national regulator for construction and consumer products (except vehicles, medicines and food), and the UK Government’s enforcement authority for numerous regulations spanning the product lifecycle. A departmental office within the Department for Business, Energy and Industrial Strategy, their purpose is to protect people and places from product related harm to ensure products can be bought and sold with confidence. Their objectives are to:

• deliver protection through responsive policy and active enforcement;
• apply policies and practices that reflect the needs of citizens;
• enable responsible businesses to thrive;
• co-ordinate local and national regulation; and
• inspire confidence as a trusted regulator.

The OPSS’ 2022 to 2025 Product Regulation Strategy entitled “Delivering protection and confidence in a strong, green economy” has been published. This document provides a useful insight into how the OPSS regulate. The Strategy also emphasises the fact product regulation is evolving due to issues such as changing technologies, supply chains, products and markets, all of which are being considered as part of the OPSS’ horizon scanning activities.

The Strategy states the OPSS has taken on new functions to help realise the “opportunity to review domestic laws and regulation” following the UK’s exit from the EU. This is evident not least in the OPSS’ role in the UK’s Product Safety Review, the initial call for evidence for which was issued in 2021. The OPSS is leading the UK Government’s consultation on changes to the EU derived framework for product safety regulation. Notably, within the Strategy there is no mention of the impact any EU-UK regulatory divergence will have on those exporting from the UK to the EU, nor is any further detail provided in respect of “new opportunities for trade agreements across the globe”.

The response to the Product Safety Review call for evidence, issued by the OPSS in November 2021, noted three recurring issues arising from numerous responses, namely that:

• the UK’s system of regulation was not designed with today’s models of supply and products in mind i.e. consumers buying directly from abroad, and online (including third party listings on online platforms);
• future regulation must be more adaptable and responsive to avoid the development of gaps in enforcement, and to facilitate safe innovation (the need for confidence in the safety of energy efficient products was emphasised); and
• there is a need for greater simplicity, proportionality and consistency across legislation and powers, as product safety legislation is large and complex.

The Strategy clearly focuses on these highlighted key issues in the Strategy, in particular when discussing delivery priorities and the role of product regulation. For example, in the Strategy the OPSS:

• explains that the Product Safety Review aims to update the legislative framework to provide a flexible foundation that can adjust easily to change, make the legislation easier to follow, reduce the availability of unsafe products online, support climate conscious product markets, update enforcement powers and ensure consumers always have a route to seeking compensation;
• acknowledges that the significant growth in online trade has been accompanied by changing business models (such as the significant growth in online platforms acting as marketplaces for third parties) and notes that regulations must adapt to these new realities;
• make clear they intend to clarify roles and responsibilities for online sales to provide consistency with traditional retail trade, and claim they have challenged online platforms to improve their performance when ensuring non-compliant items are delisted; and
• state they are facilitating the innovation of eco products and technologies, supporting product repair, reuse and recycling whilst maintaining protections (the OPSS note Government has introduced or amended regulations aiming to reduce energy consumption and support repair rights), informing policy development and enforcement for energy related products, and supporting the development of standards to help achieve net zero.

The key issues in the OPSS 2021 Strategic Intelligence Assessment are also set out in the Strategy, indicating that the OPSS are aware of the following ongoing problems:

• models of supply for products sold online continue to present significant enforcement challenges (this is similar to the first key theme identified in the Product Safety Review);
• persistent issues with the import of certain products, in particular cosmetics, toys and electrical appliances;
• chemical safety risks in relation to non-compliant products, notably toys and cosmetics; and
• supply chain disruption and economic shocks may lead to an increased risk of non-compliant and unsafe products entering the UK.

In short, the Strategy provides an insight into the OPSS’ priorities over the next three years and demonstrates the OPSS’ awareness of certain issues (such as the complexity of the product safety legislation framework) and a willingness to update legislation to address such issues. Businesses should therefore remain alert to any developments in respect of the Product Safety Review as and when they arise, to ensure they are able to adapt quickly to any changes in product regulation.