Legalize / United Kingdom / Public General Act

Product Regulation and Metrology Act 2025

Type Public General Act

Publication 2025-07-21

State In force

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

Product regulation

Product regulations

1

(1) The Secretary of State may by regulations make provision, in relation to the marketing or use of products in the United Kingdom, for the purpose of—

(a) reducing or mitigating risks presented by products;

(b) ensuring that products operate efficiently or effectively;

(2) The Secretary of State may also by regulations make provision, in relation to the marketing or use of products in the United Kingdom, which corresponds, or is similar, to a provision of relevant EU law for the purpose of reducing or mitigating the environmental impact of products.

(3) But the Secretary of State may not make regulations under subsection (1) or (2) that relate to products listed in the Schedule.

(4) For the purposes of this Act, a product presents a risk if, when used for the purpose for which it is intended or under conditions which can reasonably be foreseen, it could—

(a) endanger the health or safety of persons,

(b) endanger the health or safety of domestic animals,

(d) cause, or be susceptible to, electromagnetic disturbance.

(5) The Secretary of State must publish a statement setting out how they expect to identify and assess risks presented by products for the purposes of this section.

(6) A statement published under subsection (5) may be amended or replaced from time to time.

(7) In this Act—

“electromagnetic disturbance” means any electromagnetic phenomenon which adversely affects the operation of a product;

“marketing” means making available on the market; and related terms are to be interpreted accordingly;

“product” means a tangible item that results from a method of production;

“production” means manufacturing, packaging, labelling or any other process or operation carried out (whether on a large or small scale) which impacts on the character of an item;

“relevant EU law” means— Decision 768/2008/EC of the European Parliament and of the Council on a common framework for the marketing of products, or other EU law that has the purpose of harmonising the conditions for the marketing or use of products in the European Union;

“use”, in relation to a product, includes storage, transportation, packaging, labelling or disposal; and related terms are to be interpreted accordingly.

(8) Sections 2 to 4, 7 to 11 and 13 make further provision about the power conferred by this section.

(9) Regulations under this section are referred to in this Act as “product regulations”.

Product requirements

2

(1) Product regulations may make provision about requirements (“product requirements”) that must be met—

(a) in relation to products marketed or used in the United Kingdom;

(b) in order for products to be marketed or used in the United Kingdom.

(2) The regulations may include product requirements in relation to—

(a) the production, components (whether tangible or intangible), composition or other characteristics of products;

(b) the installation of products;

(d) the marking of products;

(e) the marketing of products through an online marketplace;

(f) the provision of information (including information about risk) in relation to products to—

(i) persons to whom products are marketed or who use products in the United Kingdom;

(ii) persons mentioned in subsection (3);

(iii) relevant authorities;

(g) the making of statements about products;

(h) the monitoring, assessment, verification or certification of products;

(i) the recording or investigating of complaints;

(j) the production or retention of documents or samples;

(k) co-operation with relevant authorities;

(l) the appointment of authorised representatives.

(3) The persons on whom product regulations may impose product requirements include—

(a) a manufacturer of a product or a person carrying out another method of production in relation to a product;

(b) a person who markets a product in the United Kingdom;

(d) a person who installs a product in the United Kingdom;

(e) a person who—

(i) controls access to an online marketplace,

(ii) controls the contents of an online marketplace, or

(iii) acts as an intermediary for a person who controls such access or contents;

(f) an authorised representative of a person mentioned in paragraphs (a) to (e);

(g) a person carrying out monitoring, assessment, verification or certification of a product;

(h) a person carrying out activities in relation to the certification or accreditation of a person mentioned in paragraph (g);

(i) any other person carrying out activities in relation to a product.

(4) Product regulations may make provision for or in relation to technical standards relating to product requirements.

(5) Provision described in subsection (4) may include provision about—

(a) the persons who may prepare technical standards;

(b) the procedure by which, and persons by whom, technical standards may be prepared;

(6) Product requirements may—

(a) refer to technical standards published by a person specified in the regulations (including standards as amended from time to time), and

(b) provide that meeting a particular technical standard creates a presumption of compliance with a particular product requirement.

(7) Product regulations may provide that a product requirement is to be treated as met if—

(a) a requirement of relevant EU law specified in product regulations is met, or

(b) such a requirement is met and conditions specified in the regulations are also met.

(8) Before making provision described in subsection (7), the Secretary of State must have regard to the social, environmental and economic impact of making the provision concerned.

(9) In this section, a reference to “intangible” components includes software.

Enforcement of product regulations

3

(1) Product regulations may designate one or more persons as a relevant authority.

(2) Product regulations may only designate a person under subsection (1) if the person exercises functions of a public nature.

(3) Product regulations may make provision conferring on a relevant authority one or more of the following functions—

(a) monitoring compliance with product regulations;

(b) investigating suspected non-compliance with product regulations;

(d) mitigating the effect of non-compliance with product regulations.

(4) Product regulations may include provision—

(a) conferring power on a relevant authority to appoint inspectors to carry out functions under the regulations;

(b) conferring functions on a relevant authority or an inspector, including—

(i) power to enter, inspect and search premises;

(ii) power to seize and retain products or evidence of non-compliance with product regulations;

(iii) power to require a person to retain or provide a document or information;

(iv) power to dispose of a product or require a person to dispose of a product.

(5) Product regulations may not authorise entry into premises used wholly or mainly as a dwelling without a warrant issued by—

(a) in England and Wales, a justice of the peace;

(b) in Scotland, a sheriff, summary sheriff or a justice of the peace;

(6) Provision described in subsection (3)(c) or (d) may include provision conferring power on a relevant authority by notice to require a person to do or cease to do something, including power to—

(a) require a person to warn others of risks presented by a product;

(b) require the marking of a product in respect of risks presented by it;

(d) require the recall of a product or its withdrawal from the market.

(7) Product regulations may make provision for or in connection with sanctions for—

(a) non-compliance with product regulations;

(b) non-compliance with a notice issued by a relevant authority under powers conferred by product regulations;

(d) provision of false or misleading information to a relevant authority or an inspector.

(8) Product regulations may include—

(a) provision for a relevant authority to accept undertakings relating to compliance with product regulations instead of taking other action;

(b) provision for sanctions for non-compliance with such undertakings;

(9) Provision described in subsection (7) or (8)(b) may include—

(a) provision creating, or widening the scope of, criminal offences;

(b) in relation to England and Wales and Northern Ireland, provision for the prosecution by a relevant authority of criminal offences created or widened under paragraph (a);

(10) Product regulations may make provision about appeals to a court or tribunal.

(11) Where product regulations contain provision creating a criminal offence, the provision must have the effect that—

(a) the offence is—

(i) triable summarily only, or

(ii) triable summarily or on indictment;

(b) a person guilty of the offence is liable on summary conviction—

(i) in England and Wales, to a fine or imprisonment for a term not exceeding 3 months, or to both;

(ii) in Scotland or Northern Ireland, to a fine not exceeding the statutory maximum or imprisonment for a term not exceeding 3 months, or to both;

(c) a person guilty of the offence is liable on conviction on indictment to a fine or imprisonment for a term not exceeding 2 years, or to both.

Emergencies

4

(1) Product regulations may provide for a provision in product regulations to be disapplied, or to apply with modifications, in cases of emergency.

(2) The disapplication or modification may be made subject to conditions.

Metrology

Metrology regulations

5

(1) The Secretary of State may by regulations make provision about the units of measurement that are used to express quantities (whether of goods or other things), including provision about—

(a) how units of measurement must or may be calculated or determined;

(b) how units of measurement must or may be referred to.

(2) The Secretary of State may also by regulations make provision about—

(a) the quantities in which goods must or may be marketed in the United Kingdom, and

(b) the units of measurement that must or may be used to express such quantities.

(3) Provision described in subsection (2) may include—

(a) requirements in relation to the marking or packaging of goods;

(b) requirements in relation to the monitoring, assessment and verification of the quantities in which goods are marketed in the United Kingdom and the units of measurement used to express such quantities;

(4) The Secretary of State may not make regulations under this section to prevent or restrict the use of the pint in the marketing of—

(a) draught beer or cider, or

(b) milk in returnable containers.

(5) In this section—

“goods” means tangible items (including packaging or labels);

a “pint” is equal to 0.56826125 cubic decimetres;

“quantity” means quantity expressed by number or a unit of measurement;

“unit of measurement” means any unit of measurement, including measurement of length, area, volume, capacity, mass, weight, time, temperature or electrical current.

(6) Sections 6 to 11 and 13 make further provision about the power conferred by this section.

(7) Regulations under this section are referred to in this Act as “metrology regulations”.

Enforcement of metrology regulations

6

(1) Metrology regulations may designate one or more persons as a relevant authority.

(2) Metrology regulations may only designate a person under subsection (1) if person exercises functions of a public nature.

(3) Metrology regulations may make provision conferring on a relevant authority one or more of the following functions—

(a) monitoring compliance with metrology regulations;

(b) investigating suspected non-compliance with metrology regulations;

(d) mitigating the effect of non-compliance with metrology regulations.

(4) Metrology regulations may include provision—

(a) conferring power on a relevant authority to appoint inspectors to carry out functions under the regulations;

(b) conferring functions on a relevant authority or an inspector, including—

(i) power to enter, inspect and search premises;

(ii) power to seize and retain goods or evidence of non-compliance with metrology regulations;

(iii) power to require a person to retain or provide a document or information;

(iv) power to dispose of goods or require a person to dispose of goods.

(5) Metrology regulations may not authorise entry into premises used wholly or mainly as a dwelling without a warrant issued by—

(a) in England and Wales, a justice of the peace;

(b) in Scotland, a sheriff, summary sheriff or a justice of the peace;

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