Supply Chain Responsibilities

Anyone wishing to place items on the market must recognize that they have a legal obligation to ensure that items meet the requirements of the Regulations. The responsibility for ensuring that all items conform is placed upon retailers, importers, wholesalers and manufacturers.

The onus is on the supplier to take all reasonable steps and exercise “all due diligence” to ensure that their product complies.   Note the word “all” in these statements.  The supplier needs to be able to prove, through a paperwork audit trail that they have complied with the legislation.  This will entail obtaining certification from suppliers to guarantee compliance and also “appropriate” random testing of the products being sold.

The UK legislation is enforced by local Trading Standards Officers who will respond to any consumer complaints and also have the power to randomly check product supplied by UK importers, wholesalers and retailers to ensure their products comply.  If a product causes a problem to a customer, or is found not to comply during a routine random check, the supplier will need to be able to prove that he took “all reasonable steps” and exercised “all due diligence” to avoid committing an offence.  .

Carrying out a few tests at random or the production of an unaccredited test certificate will not be accepted as fulfilling the requirements of ‘Due Diligence’, in the event that a product on the market is subsequently found not to meet the criteria set out in the legislation.

It is only possible to establish a ‘Due Diligence Defence’ if all of the following are met:

• The supplier has a Preventative System in place to demonstrate that all reasonable and practical steps have been taken to ensure that products comply with legislation.  This should include clear specifications of your requirements and some product testing to ensure products conform.

• The supplier can demonstrate that the Preventative System has been regularly monitored to ensure that it remains effective in order to avoid an offence being committed.

• There is a reasonable and innocent explanation as to how the offence occurred.

The supplier of a product which is found not to comply with the Nickel Regulations is committing an offence under the Consumer Protection Act.  There may also be financial penalties interms of personal injury claims and damage to the reputation of thebusiness.

GUIDANCE NOTES