GETTING PRODUCT LABELLING RIGHT WAREHOUSING, HANDLING & STORAGE
BARCODING, LABELLING & PACKAGING P
roduct and packaging labelling requirements are multi-faceted, and legislation can often be complex. Consequently, identifying the correct information for a particular product is not always simple. Whilst some of the more complex legislative areas, such as medical, marine, and construction products have their own requirements, for most consumer products the following approach can be used as guidance.
The UKCA (United Kingdom Conformity Assessment) mark will be required for most products placed on the market in England, Scotland and Wales (GB) from 1st January 2025. At present UKCA requirements align well with CE marking, but over time divergence is possible. There is currently a transition period until 31st Dec 2024, where UKCA is optional (suggested) and CE marking is accepted. Additional requirements may need to be considered for products and packaging in Northern Ireland (NI). NI remains predominantly aligned with the European Union (EU) conformity assessment approach, and the sale of a CE marked product continues to be permitted throughout the 27 EU countries. If type examination with a UK Conformity Assessment Body (CAB), the UK equivalent of an EU Notified Body, has been done you would use the UKNI mark in conjunction with the CE mark. However, products labelled in this fashion are not permitted to be sold in the EU27.
Goods manufactured in NI can be sold to the rest of the UK under rules regarding ‘unfettered access’. This means that, as part of the UK, a manufacturer in NI is permitted to sell CE marked equipment on the GB market after the current transition date of 31st Dec 2024. The Republic of Ireland, of course, remains in the EU and hence CE marking continues to apply.
THE PHYSICAL LABEL The manufacturer’s label must include their name and address; the type, batch, serial or model number; or another element that allows identification. Whatever is used, it must link to the product’s declaration of conformity and technical files. If applicable, the importer’s label must include their local (EU or GB based) name and address. For example, goods manufactured in Denmark but sold in GB, would probably include both the Danish manufacturer’s address and the GB- based importer’s address, no matter whether the ‘acceptance period’ CE route, or the UKCA route was undertaken.
In both the EU and UK, there are no specific laws to mark country of origin (COO). However, fair trading laws require that no false impression of origin and customs must be given, and that the import declaration documents must state COO. This is not the case internationally, for example in the
USA and Canada where COO marking is required. EU and UK law requires warning markings must be clear and legible, with both the CE and UKCA marks being at least 5mm in height, whilst maintaining the dimensions of the original template. Contrasting colours are suggested as a way of making sure that the CE and UKCA logos are clear. EU law also indicates that if the product is large enough to accommodate the marking, it must go on the product. Aesthetic factors are not an excuse for failing to apply the marking directly to the product. Only if the product is physically too small may the markings instead be placed on the packaging. This is not presently the case for UKCA where no such consideration on the size of products exists, but further guidance is evolving all the time.
It is also worth noting that UKCA currently has a transition period of leniency about labelling for goods manufactured in the European Economic Area (EEA) or EU. Until the end of 2027, the UKCA mark may be applied to either product, via sticky label, or on accompanying documentation, such as a user guide. After that date only the product itself is permitted to carry the UKCA logo, but again that is expected to evolve over time and may end up aligning with the EU regarding smaller devices. Markings must be durable and last the expected lifetime of the product. When checking the durability of the marking, the effects of normal use are considered. For example, markings by means of paint (other than enamel coating) on handles, or parts that are likely to be cleaned frequently are not considered to be durable. Therefore, engraving or embossing is recommended in such cases. Similarly, if your equipment uses harsh solvents, be sure to additionally test your markings against their effects.
PLACING GOODS ON THE MARKET
Placing goods on the EU or GB market means making a fully manufactured good available for sale. The term ‘economic operator’ means one of the following: · The manufacturer · The importer · The authorised representative · The distributor
Easily the most prominent position here is the manufacturer. They can be based anywhere in the world and are typically responsible for a multitude of tasks. This includes designing and producing a safe product, performing a conformity assessment, testing with a third-party laboratory, creating the technical file, writing and signing the Declaration of Conformity, and labelling the product correctly. When goods first enter the GB market, that most often makes the receiving party the Importer.
12 FEBRUARY 2023 | FACTORY&HANDLINGSOLUTIONS
Carl Hunt Product Compliance Assessor at TÜV SÜD
Importers have some legal responsibilities, of which some people are not aware. This includes checking the conformity approach taken by the manufacturer and adding their own company details to the label. If the Importer finds that the conformity assessment approach taken by the manufacturer was incorrect, they have a legal obligation to raise it with the manufacturer and seek resolution. Ultimately, this could include declining to accept the shipment of possibly non-compliant goods. Another alternative is for the manufacturer to appoint an authorised person or representative. This may be a subsidiary company or a private contracted firm, of which there are many available for either a yearly or per-product fee basis, to act on their behalf in the local GB market. With a known authorised representative labelling could be applied at the time of production, thereby relieving importers of any possible headaches and making business transition much smoother. It is worth noting that only manufacturers and importers ‘place on the market’. Any subsequent operations are likely to come under the final economic operator role of ‘distributor’. By this point, most checks and validations should have already been performed and goods are free to move without further encumbrance. While product labelling may at first appear to be confusing, a systematic approach works best. Once you identify the directives and regulations that apply to your products, the labelling requirements simply follow.
TÜV SÜD
www.tuvsud.com/uk 39
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