Update on the Product Regulation and Metrology Bill

The Product Regulation and Metrology Bill (the “Bill”) is a piece of proposed framework legislation aimed at modernising the UK’s product and metrology regulatory regime.

About the Bill

The Bill grants the Secretary of State the authority to make regulations concerning products, ensure these regulations operate efficiently, and guarantee the accuracy of weights and measures. The Bill provides the legislative framework for these future regulations, which will be implemented in detail through secondary legislation (yet to be published).

The Bill was introduced by the Government and was named in the published form of the King’s Speech on 17 July 2024. Introduced in the House of Lords on 4 September 2024, the Bill had a Second Reading on 8 October 2024. The Committee Stage, starting on 4 November 2024, will involve a detailed examination and amendments. After this, the Bill will proceed to the Report Stage and Third Reading in the House of Lords, before moving to the House of Commons for further scrutiny. The government aims for the Bill to become an Act by Spring 2025, with secondary legislation expected by Summer 2025.

What the Bill means in practice

1. Product Regulations and EU Divergence

• The Bill includes provisions to align UK regulations with relevant EU laws, particularly those aimed at reducing the environmental impact of products. For instance, the Bill allows for the adoption of EU standards on product safety and environmental protection, ensuring that UK products meet high safety and sustainability benchmarks.
• However, the Bill also grants the UK the flexibility to diverge from EU regulations where it is deemed beneficial for UK businesses and consumers. This sovereign choice to mirror or diverge from EU standards could lead to regulatory divergence, potentially impacting trade and compliance costs for businesses operating across both markets. For example, businesses might face different testing and certification requirements, which could increase operational costs and complicate market access.

2. Artificial Intelligence (AI)

• The Bill also addresses the need to update regulations to keep pace with technological advances, such as AI. AI technologies are increasingly integrated into consumer products, from smart home devices to autonomous vehicles.
• The Bill aims to ensure that AI-driven products meet stringent safety standards, mitigating risks associated with their use and fostering consumer trust in these innovative technologies. This includes setting clear guidelines for the development, testing, and deployment of AI systems to prevent malfunctions and ensure user safety.

3. Enforcement and Compliance

• The Bill introduces stringent enforcement mechanisms, allowing relevant authorities to monitor compliance, investigate non-compliance, and impose sanctions, including fines and criminal penalties.
• The Bill also provides for the sharing of information between regulators and market surveillance authorities to aid with compliance and enforcement. This approach aims to enhance the effectiveness of regulatory oversight and ensure that non-compliant products are swiftly identified and removed from the market.

4. Digital and Online Marketplaces

• The Bill recognises the growing importance of online marketplaces and seeks to clarify the responsibilities of these platforms in ensuring product safety.
• The Bill aims to modernise the product safety framework, in particular with respect to digital borders and eCommerce. This includes ensuring that products sold online meet the same safety and regulatory standards as those sold in physical stores in the domestic territory.
• The Bill mandates that these platforms take proactive measures to verify the safety and compliance of products listed on their sites. This includes obligations to monitor listings, remove non-compliant products, and cooperate with regulatory authorities in enforcement actions.

5. Metrology Regulations

• The Bill empowers the Secretary of State to regulate units of measurements and the quantities in which goods are marketed in the UK.
• It aims to ensure the accuracy of weights and measures, which is deemed to be crucial for consumer confidence and fair trade.

How you can prepare

1. Conduct a Compliance Audit

• Review your current product lines and practices to identify any areas that may fall short of the new regulations. Assess product safety, efficiency, and environmental impact. This includes ensuring compliance with standards set by the Office for Product Safety and Standards (OPSS).

2. Training and Awareness

• Ensure that all relevant staff are aware of the new regulations and understand their implications. This may involve training sessions or workshops. At TLT we can offer specialised training programs to help your team stay informed and compliant.

3. Engage with Authorities

• Stay informed about the latest developments and engage with regulatory authorities such as the OPSS and Trading Standards to seek clarification on any ambiguous aspects of the bill. Regular updates and consultations with these bodies can help ensure your business remains compliant. This will be particularly relevant for the secondary legislation where much of the compliance requirements will sit.

4. Legal and Financial Planning

• Consult with legal and financial advisors to understand the potential impact of the bill on your business and plan accordingly. Budget for any necessary changes and prepare for possible enforcement actions. TLT has extensive expertise in regulatory compliance and can assist in navigating the legal complexities of the new bill.

For expert guidance and support, TLT LLP’s regulatory specialists are on hand to assist with all your compliance needs. 

Co-author: Georgina Hands

This publication is intended for general guidance and represents our understanding of the relevant law and practice as at October 2024. Specific advice should be sought for specific cases. For more information see our terms & conditions.