Regulation 2 Interpretation

In these Regulations—

• “the 1968 Act” means the Medicines Act 1968^f1;

• “the 1987 Act” means the Consumer Protection Act 1987^f2;

• “the 1990 Act” means the Food Safety Act 1990^f3;

• “commercial activity” includes a business and a trade;

• “consumer” means a consumer acting otherwise than in the course of a commercial activity;

• “dangerous product” means any product other than a safe product;

• “distributor” means any professional in the supply chain whose activity does not affect the safety properties of a product;

• “enforcement authority” means the Secretary of State, any other Minister of the Crown in charge of a Government Department, any such department and any authority, council and other person on whom functions under these Regulations are imposed by or under regulation 11;

• “general safety requirement” means the requirement in regulation 7;

• “the GPS Directive” means Council Directive 92/59/EEC on general product safety^f4;

• “the 1991 Order” means the Food Safety (Northern Ireland) Order 1991^f5;

• “producer” means

  1. (a)

     the manufacturer of the product, when he is established in the Community, and includes any person presenting himself as the manufacturer by affixing to the product his name, trade mark or other distinctive mark, or the person who reconditions the product;

  2. (b)

     when the manufacturer is not established in the Community—

     1. (i)

        if the manufacturer does not have a representative established in the Community, the importer of the product;

     2. (ii)

        in all other cases, the manufacturer’s representative; and

  3. (c)

     other professionals in the supply chain, insofar as their activities may affect the safety properties of a product placed on the market;

• “product” means any product intended for consumers or likely to be used by consumers, supplied whether for consideration or not in the course of a commercial activity and whether new, used or reconditioned; provided, however, a product which is used exclusively in the context of a commercial activity even if it is used for or by a consumer shall not be regarded as a product for the purposes of these Regulations provided always and for the avoidance of doubt this exception shall not extend to the supply of such a product to a consumer;

• “safe product” means any product which, under normal or reasonably foreseeable conditions of use, including duration, does not present any risk or only the minimum risks compatible with the product’s use, considered as acceptable and consistent with a high level of protection for the safety and health of persons, taking into account in particular—

  1. (a)

     the characteristics of the product, including its composition, packaging, instructions for assembly and maintenance;

  2. (b)

     the effect on other products, where it is reasonably foreseeable that it will be used with other products;

  3. (c)

     the presentation of the product, the labelling, any instructions for its use and disposal and any other indication or information provided by the producer; and

  4. (d)

     the categories of consumers at serious risk when using the product, in particular children,

• and the fact that higher levels of safety may be obtained or other products presenting a lesser degree of risk may be available shall not of itself cause the product to be considered other than a safe product.

References in these Regulations to the “Community” are references to the European Economic Area established under the Agreement signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993^f6.