HM Government Press Release – 24th August 2021

BUSINESSES GIVEN MORE TIME TO APPLY NEW PRODUCT SAFETY MARKING

• Businesses will have an extra year to start using the UKCA marking, the new product safety marking in the UK.
• This applies to all goods where businesses were due to begin using the UKCA marking by the end of this year (2021).
• Businesses will have more time to meet their legal obligations given the continued impact of the pandemic, providing clarity and certainty.

Businesses will have an additional year to apply new product safety markings for most products placed on the market in England, Scotland and Wales, the Government has announced today (24 August).  

The UK Conformity Assessed (UKCA) marking allows the UK to have control over its goods regulations, maintaining the high product safety standards expected in the UK.

Recognising the impact of the pandemic on businesses, the Government will extend this deadline to 1 January 2023 to apply UKCA marks for certain products to demonstrate compliance with product safety regulations, rather than 1 January 2022.

The UKCA marking replaces the product safety labelling the UK previously used while a member of the EU, such as the CE mark.

Today’s announcement follows the Government’s extensive and ongoing engagement with business groups and reflects the issues businesses have raised, particularly given the impact of the pandemic.   

Businesses must take action to ensure they are ready to apply UKCA marking by 1 January 2023, final deadline.

The Government will continue to engage with manufacturers to ensure they understand what they need to do to get ready, including through a new series of webinars. The Department for Business, Energy and Industrial Strategy has already run several webinars in the last few months and engaged extensively through trade associations.  

Notes to editors: 

• The UKCA marking covers most goods which previously required the CE marking, known as ‘new approach’ goods, in addition to aerosol products that previously required the ‘reverse epsilon’ marking. 
• This extension means all goods which previously required the CE marking will not need to use the UKCA marking until 1 January 2023. The exception is medical devices, where businesses will not need to use the UKCA marking until 1 July 2023.  
• To extend the deadline, the Government will introduce a statutory instrument under section 8 of the European Union Withdrawal Act later this year.  
• Businesses have been able to use the UKCA mark since 1 January 2021 to demonstrate their conformity with product standards in England, Scotland and Wales. 
• Under the terms of the Protocol, Northern Ireland will continue to recognise the CE marking for goods placed on the market in Northern Ireland. They will need to use the UKNI marking if they use a UK Conformity Assessment Body to test their products. 
• The Government has published the UK Market Conformity Assessment Bodies database which businesses can use to identify the appropriate body to certify their products.  
• To find out what labelling requirements apply to your product, businesses should read the Product safety for businesses: A to Z of industry, guidance published by the Office for Product Safety and Standards.  

NOTES for use of UKCA marking

The UKCA (UK Conformity Assessed) marking is a new UK product marking that is used for goods being placed on the market in Great Britain (England, Wales and Scotland). It covers most goods which previously required the CE marking, known as ‘new approach’ goods.

The UKCA marking alone cannot be used for goods placed on the Northern Ireland market.

This guidance explains how to use the UKCA marking.

Selling goods in Great Britain

The UKCA marking applies to most goods previously subject to the CE marking. It also applies to aerosol products that previously required the ‘reverse epsilon’ marking.

The technical requirements (‘essential requirements’) you must meet – and the conformity assessment processes and standards that can be used to demonstrate conformity – are largely the same as they were for the CE marking.

The circumstances in which you can use self-declaration of conformity for UKCA marking are the same as for CE marking. If you were able to self-declare conformity for the CE marking, you will be able to do the same for the UKCA marking

You must use the UKCA marking from 1 January 2023. You can still use the CE marking until then.

The CE marking is only valid in Great Britain for areas where GB and EU rules remain the same. If the EU changes its rules and you CE mark your product on the basis of those new rules you will not be able to use the CE marking to sell in Great Britain, even before 31 December 2022.

When to use the UKCA marking

You only need to use the new UKCA marking before 1 January 2023 if all of the following apply. Your product:

• is for the market in Great Britain
• is covered by legislation which requires the UKCA marking
• requires mandatory third-party conformity assessment
• conformity assessment has been carried out by a UK conformity assessment body

This does not apply to existing stock, for example if your good was fully manufactured, CE marked and ready to place on the market before 1 January 2021. In these cases, your good can still be sold in Great Britain with a CE marking even if covered by a certificate of conformity issued by a UK body before 1 January 2021. These goods will need to be placed on the market before 31 December 2022.

Placing the UKCA marking

In most cases, you must apply the UKCA marking to the product itself or to the packaging. In some cases, it may be placed on the manuals or on other supporting literature. This will vary depending on the specific regulations that apply to the product.

General rules

The UKCA marking must be clearly visible and legible when you affix it to the product. If this is not possible, you must attach it to the packaging (if any) or accompanying documents.

UKCA markings must only be placed on a product by you as the manufacturer or your authorised representative (where permitted in the relevant legislation).

When affixing the UKCA marking, you take full responsibility for your product’s conformity with the requirements of the relevant legislation.

You must only use the UKCA marking to demonstrate conformity with the relevant UK legislation.

You must not place any marking or sign that may misconstrue the meaning or form of the UKCA marking to third parties.

You must not attach other markings on the product which affect the visibility, legibility or meaning of the UKCA marking.

The UKCA marking cannot be placed on products unless there is a specific requirement to do so in the legislation.

A product may have additional markings and marks, as long as they:

• fulfil a different function from that of the UKCA marking
• are not likely to cause confusion with the UKCA marking
• do not reduce the legibility and visibility of the UKCA marking

Rules for using the UKCA image

You must make sure that:

• if you reduce or enlarge the size of your marking, the letters forming the UKCA marking must be in proportion to the version set out below
• the UKCA marking is at least 5mm in height – unless a different minimum dimension is specified in the relevant legislation
• the UKCA marking is easily visible, legible

The UKCA marking can take different forms (for example, the colour does not have to be solid), as long as it remains visible, legible and maintains the required proportion.