Product safety checklist for distributors
You may only sell safe (non-food) consumer goods on the European market. As distributor, you are partially responsible for this. Do you have doubts about a product's safety? Then you must report it to a supervising authority. Read how to comply with the rules.
What does a distributor do?
You are a distributor if you offer a product on the market, and you are not the manufacturer or importer. Offering on the market means: offering a product for sale or for free in the EU. For example, you are a distributor if you own a wholesale, retail, or shop. In addition to the role of distributor, you may have other roles and obligations. For example, if you bring a product in the EU for the first time. Then you may be an importer rather than a distributor. Which safety requirements you need to comply with depends on your role(s).
Use the decision tree to determine your role per product
1. Check whether the product has a technical file
Each product you sell within the European Union (EU) must have a technical file (dossier). In it, the manufacturerdescribes how the product meets the product safety requirements. Check with the manufacturer, the authorised representative in EU, or the importer of the product they have fulfilled certain obligations. You can easily do this by checking whether a technical dossier is available and whether it is complete. Do so before you start selling the product.
Read more about the requirements for the technical file.
2. Check whether the product complies with the EU regulations (conformity)
You are not allowed to offer products for sale if you do not know whether they are safe or not. This means you have to know about product requirements (in Dutch), so that you can check whether your product meets the product safety requirements. This is called conformity.
You as distributor must be able to prove that you have done your utmost to check a product's conformity. Are you planning to start selling a new product?
Then always check these requirements:
With the CE mark, the product manufacturer declares that the product complies with the EU requirements for safety, health, and environment. Not all products have to have CE marking. Check whether your product has to have CE marking (in Dutch).
It is your responsibility to check whether the products you sell are safe. And whether they meet the legal requirements.
Hire a consultant
You need specialist knowledge for this step. You can hire a (commercial) consultant to help you meet all the requirements. For example, a consultant or consultant's agency can check whether the manufacturer's technical file is correct and complete.
The product must contain information about the product and its origin. The information must be written in the language of the country where the product is sold. Does the product have a user manual? This too should be written in a language that is easy to understand.
The information is also important for inspectorates and supervising authorities. In case there are problems with a product, the supervising authority can find out where it comes from. And take measures to take an unsafe product off the market, for example. Or even recall it from the end-user.
The product label must contain at least this information:
- the name, trade name, or trademark of the manufacturer and of the importer, if the product was imported
- the type number, batch number or serial number (or another means of identification)
- the manufacturer's visiting address and email address, and those of the importer, if the product was imported
- warnings or (required) markings needed for safe use of the product.
Have you checked the conformity requirements in this step? Then you may start to sell the product. Go to step 4. Do you doubt the product's safety? Go to step 3.
3. If the product does not meet the requirements, take immediate action (non-conformity)
Do you suspect that a product does not meet product safety requirements, or that a product is dangerous? In legal terms, this is known as non-conformity. You may not sell the product. When you find or suspect non-conformity, you must:
- report the product via the EU Safety Gate platform to inform the supervising authorities about the risks
- contact the manufacturer or the importer and ask them to adjust the product so that it does comply with the requirements (conforms)
- inform the supervising authorities about the manufacturer or the importer of the product
- request the technical file from the manufacturer or the importer, if the supervising authorities ask you for it
- cooperate with a recall or other corrective action
4. Ensure safe transport and good storage
You must see to it that the product is transported and stored in the correct manner. Is this not done correctly? It may affect the safety of the product and its environment when used for the first time.
EU countries may have their own rules for the distribution of specific products. For example, to protect the public health. Do you want to find out if specific rules apply to your product? Get free information from the Product Contact Point (PCP).
5. Use a compliance system
You should summarise the steps on this page in a process. In it, you keep track of how you ensure you comply with product safety rules. This is called a compliance system. In it, you keep track of, for example:
- For which products you have what role and obligations in the chain. Do you only have one or a few products? Then you can comply with this more easily than if you have an extensive range.
- Who you buy products from and what the conditions are in that respect. Such as that the technical dossier is present.
- Where a product comes from and what logistical route it has taken. This is called tracing.
- What complaints you have received from customers (complaints registration). And how you handled a complaint.
The supervising authority may ask you to show your compliance system.
You can also use the NEN-ISO 37301 standard for compliance management for this purpose. Or you can hire a consulting firm.
Questions relating to this article?
Please contact the Netherlands Food and Consumer Product Safety Authority, NVWA