# The General Product Safety Regulations 2005, Regulation 33: Duty to notify Secretary of State ...

Extent: E+W+S

(A1) The Secretary of State must establish and operate a database containing information relating to market surveillance and product safety.
(B1) The database referred to in paragraph (A1) must be designed so as to enable notifications required under paragraph (1), (2) or (4), or under Article 22 of Regulation (EC) 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93, to be made to the Secretary of State through the database.
(1) An enforcement authority which has received a notification of a risk under regulation 9(1) shall immediately notify the Secretary of State of the risk through the database referred to in paragraph (A1).
(2) Where an enforcement authority takes a measure which restricts the placing on the market of a product, or requires its withdrawal or recall, it shall immediately notify the Secretary of State of the action taken through the database referred to in paragraph (A1), specifying its reasons for taking the action. It shall also immediately notify the Secretary of State of any modification or lifting of such a measure.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Where an enforcement authority adopts or decides to adopt, recommend or agree with producers and distributors, whether on a compulsory or voluntary basis, a measure or action to prevent, restrict or impose specific conditions on the possible marketing or use of a product (other than a medicinal product) by reason of a serious risk, it shall immediately notify the Secretary of State of the measure or action taken through the database referred to in paragraph (A1). It shall also immediately notify the Secretary of State of any modification or withdrawal of any such measure or action through the database referred to in paragraph (A1).
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10) In this regulation—
(a) references to a product excludes a second hand product supplied as an antique or as a product to be repaired or reconditioned prior to being used, provided the supplier clearly informs the person to whom he supplies the product to that effect;
(b) “medicinal product” has the meaning given to it in regulation 2 of the Human Medicines Regulations 2012.

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Source: https://www.legislation.gov.uk/uksi/2005/1803/regulation/33 (the official version)
Page: https://openlegislation.uk/general-product-safety-regulations-2005/regulation-33
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.