GPSR Responsibilities for Distributors and Retailers: 4 Key Areas

Distributors, including retailers and resellers, have certain responsibilities under the General Product Safety Regulation (GPSR). In practice, companies defined as distributors must check label files and instructions, and communicate with manufacturers, importers, and national market surveillance authorities if safety and compliance issues are found.

What is the definition of a distributor under the GPSR?

The GPSR defines distributors as “any” company supplying products that is not defined as a manufacturer or importer. Let’s start by taking a closer look at the definitions of manufacturers and importers.

‘manufacturer’ means any natural or legal person who manufactures a product or has a product designed or manufactured, and markets that product under that person’s name or trademark;

A manufacturer could be any of the following entities:

• A manufacturing company operating a production facility
• A company designing products and ordering these from a contract manufacturer
• A company ordering branded products from a contract manufacturer

As such, it’s not necessary for a manufacturer to actually manufacture products in-house. For example, a retailer or reseller launching their own line of branded goods would likely be considered manufacturers rather than distributors in the context of the GPSR.

‘importer’ means any natural or legal person established within the Union who places a product from a third country on the Union market;

An importer is an EU company buying products from suppliers located outside the EU. For example, an Italian retailer or reseller importing products from China is an importer, not a distributor.

‘distributor’ means any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes a product available on the market;

A distributor is defined as any company supplying products (selling or giving away for free) that are not defined as:

• Manufacturers
• Importers

In general, retailers and resellers that meet the following conditions can be deemed to be distributors:

a. Buying products from suppliers within the European Union

b. Not selling the products under their brand

c. Not designing their own products

Examples

Scenario	Role
1. An Italian retailer designing their own baby carrier contracted production to a factory in Vietnam	Manufacturer
2. An Italian wholesaler buying pacifiers from a brand in the UK	Importer
3. A Belgian retailer buying the same pacifiers, but from the Italian wholesaler instead of directly from the UK manufacturer	Distributor

How can distributors comply with the GPSR?

The following distributor obligations can be found in Article 12 of the General Product Safety Regulation (GPSR).

1. Before making a product available on the market, distributors shall verify that the manufacturer and, where applicable, the importer have complied with the requirements set out in Article 9(5), (6) and (7) and Article 11(3) and (4), as applicable.

The distributor must take the following steps:

a. Ensure that the label has the correct product and manufacturer information

b. Ensure that the products are accompanied by instructions and safety information in the relevant EU member state language (if necessary)

c. Ensure that the label has the correct importer information (if any)

2. Distributors shall ensure that, while a product is under their responsibility, storage or transport conditions do not jeopardise its conformity with the general safety requirement laid down in Article 5 and its conformity with Article 9(5), (6) and (7) and Article 11(3) and (4), as applicable.

Distributors must ensure that product labels, packaging labels, and instructions are not damaged or removed during storage or transportation. Further, the safety of the product must not be compromised by storage or transportation.

3. Where a distributor considers or has reason to believe, on the basis of the information in that distributor’s possession, that a product is not in conformity with Article 5, Article 9(5), (6) and (7), and Article 11(3) and (4), as applicable, the distributor shall not make the product available on the market unless the product has been brought into conformity.

Distributors should not sell or supply products that are:

• Unsafe
• Incorrect labelled
• Lacking sufficient instructions and safety information

For example, you may be required to take action in case you receive injury reports from consumers or other information indicating that a product is unsafe.

4. Where a distributor considers or has reason to believe, on the basis of the information in that distributor’s possession, that a product which it has made available on the market is a dangerous product or is not in conformity with Article 9(5), (6) and (7) and Article 11(3) and (4), as applicable, the distributor shall:

Distributors must take the following steps in case a product is found to be unsafe, incorrectly labelled or documented:

(a) immediately inform the manufacturer or the importer, as applicable, thereof;

As is written, inform the manufacturer or importer when non-compliance is found.

(b) ensure that the corrective measures necessary to bring in an effective manner the product into conformity are taken, including withdrawal or recall, as appropriate; and

You cannot continue to sell non-compliant products. The manufacturer may be able to rectify the situation by affixing correct labels or printing new user instructions.

However, safety issues caused by the product’s design, functionality, or substances in materials cannot be “fixed”. If so, a withdrawal or recall is likely the only option.

(c) ensure that the market surveillance authorities of the Member States in which the product has been made available on the market are immediately informed thereof through the Safety Business Gateway.

Unsafe products must be reported to the national authorities.

For the purposes of points (b) and (c) of the first subparagraph the distributor shall give appropriate details available to it of the risk to health and safety of consumers, of the number of products involved and of any corrective measure already taken.

Distributors must provide information on the type of non-compliance found. They must also report on the quantity of products sold, and what is being done to correct the situation (i.e., product withdrawal).

Summary

The General Product Safety Regulation (GPSR) sets the following requirements for distributors:

1. Distributors must verify that the product is correctly labelled

2. Distributors must verify that the product is accompanied by instructions and safety information in the correct languages (if applicable to the product)

3. Distributors must withdraw or recall products that are found to be non-compliant

4. Distributors must report GPSR compliance issues to the manufacturer or importer, and to the national market surveillance authorities

FAQ

How can distributors check if a product is GPSR compliant?

The first step is to check product and packaging labels and ensure that these contain the information required by Articles 9 and 11 of the GPSR.

You should also request a copy of the user instructions and check that these are provided in the language of the EU member states where you are selling the product. It can be difficult to determine if the instructions and safety information are sufficient. I suggest you take a look at Article 6 as a starting point, as it details the instructions that may be required.

Finally, I also suggest that you request the following:

• Test reports
• Technical documentation

While these are not mentioned in the distributor obligations, they can help you determine if a product is safety tested. This can, in turn, help you reduce the risk of future product recalls or withdrawals.

Are retailers and resellers responsible for GPSR compliance?

Yes, retailers and distributors are responsible for ensuring compliance with the GPSR. The specific obligations can be found under Article 12 of the General Product Safety Regulation (GPSR).

Are distributors defined as responsible persons?

The GPSR refers to Article 4 of the Market Surveillance Regulation, which lists the following entities as possible responsible persons:

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(a) a manufacturer established in the Union;

(b) an importer, where the manufacturer is not established in the Union;

(c) an authorised representative who has a written mandate from the manufacturer designating the authorised representative to perform the tasks set out in paragraph 3 on the manufacturer’s behalf;

(d) a fulfilment service provider established in the Union with respect to the products it handles, where no other economic operator as mentioned in points (a), (b) and (c) is established in the Union.

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Distributors are not mentioned. However, this does not mean that distributors are not responsible for certain aspects of GPSR compliance.

Does the GPSR require that the distributor be specified on the product or packaging labels?

No, Article 11 does not mention that the distributor or their address must be included in product or packaging labelling.