Ornamental and Novelty Giftware

The General Product Safety Regulations 1994 require all goods sold to the public to be safe. Goods should not present any unnecessary risk to anyone during normal or reasonably foreseeable use. If you sell goods that are found to be unsafe, you risk a substantial claim for compensation, as well as being prosecuted for a criminal offence.

What are my responsibilities as a retailer?

• You should make sure that all items you have for sale have the necessary instructions for the safe assembly, use and maintenance.
• In particular, new novelty items usually require some appropriate instructions. You should remember it may not be adequate to simply give verbal instructions or demonstrate the product to the buyer. They may wish to give it to someone else.
  
  For some items - oil lamps for example - written instructions are a legal necessity.

Some items that have particular problems to look out for

• Non-functional reproductions, like ornamental items that cannot be used safely. Examples are fancy 'teapots' 'jugs' and 'plates'. Unlined reproduction brass, pewter or copper containers embossed 'milk', 'tea' etc. All these should be clearly marked 'not for food use'.
• Collectors' items, models and ornaments resembling toys that might be particularly hazardous to children. You should note that you are required to take special care for the safety of children. All genuine collectors' dolls, etc should be clearly labelled 'this is not a toy'. To avoid confusion, such items should be displayed separately from genuine children's goods, even on website pages.
• Ornamental candles, oil lamps and fragrant aromatherapy oil heaters. By way of an obvious example, most candles and oil heaters will require accompanying warnings that they should never be left unattended whilst burning. If a fragrant oil heater needs water and only a little oil to be used and a specific night-light heat source is necessary, written instructions are needed to this effect. The oils too, may require more specific warnings if appropriate, for example if they cannot be used on the human skin.
• Products requiring substantial sales advice and assistance if unnecessary accidents and hazards are to be avoided.

Detailed guidance on the Regulations can be found at www.dti.gov.uk/access/safreg94/intro.html

Please Note

This leaflet is not an authoritative interpretation of the law and is intended only for guidance. For further information please contact your local Consumer Protection or Trading Standards office.

Trading Standards Division, 3rd Floor, Wallasey Town Hall, Brighton Street, Wallasey, Wirral CH44 8ED
Telephone: (0151) 691 8020    Fax: (0151) 691 8098
Internet World Wide Web http://www.tradingstandards.gov.uk/wirral/
Electronic Mail: tradingstandards@wirral.gov.uk