who enforces the laws?

[Pamela]

I was just wondering if someone is selling soap to the public without insurance is this allowed?

[urbtaf]

Its allowed but most event organisers would not allow it. And if something goes wrong the law suit would break most people.

[Pamela]

so someone can open a shop and sell soap bathbombs etc and not have insurance as long as they are willing to take the chance of being sued?

I also wondered who enforces the whole certification thing because I don't see that any agency does

[greannancrafts]

Best to contact your local Trading Standards Office - they are there to help you with EU directives re soaps and cosmetics.

Jane

[Pamela]

thanks Jane I did that they didn't know anything about certification or insurance or batching or PIF files

[greannancrafts]

I was just wondering if someone is selling soap to the public without insurance is this allowed?


you can do anything you like without insurance - but it is not advisable

Jane

[Bath-Bomb.Com]

I also wondered who enforces the whole certification thing because I don't see that any agency does


That would be trading standards - if you do a Google search you should find some legal cases where they have taken traders to court - they can and will issue fines and they do take action.

Basically you have to think about the risks there are to the public by seeling something that has the potential to scar people for life or at worse be life threatening...It can be costly and very serious to breach these regulations - Traders have been fined thousands of pounds and their businesses closed down:

Here are a few links:

http://www.ealing.gov.uk/press_releases/2007/february_2007/pr938.html

http://www.southwark.gov.uk/BusinessCentre/TradingStandards/new/

[urbtaf]

Best to contact your local Trading Standards Office - they are there to help you with EU directives re soaps and cosmetics.

Jane
Just a thought but could it be under the local councils health and safety Dept, and not TS.
Though its not unknown for trading standards to be unaware of their dutys untill someone points it out to them.

[Pamela]

Trading standards said maybe it was a health and safety issue

[ElaineJ]

It's not mentioned in the Cosmetics Directive - but that doesn't mean it isn't laid down in a Statutory Instrument somewhere so I suppose H&S may know.
(TS knew very little about the regs when I contacted them re soap for a group I was working with and then were more concerned about the scales for weighing finished soaps than anything else)

However the seller then ultimately the maker (and also the Safety Assessor) are liable for damage caused by the products and consequently insurance is advisable even if not a legal requirement (also in order to find the funds to fight a fraudulent claim from someone trying it on).

[Bath-Bomb.Com]

It's all part of the Consumer Protection Act 1987 and is the responsibility of the Department of Trade & Industry of which Trading Standards are part of the enforcement of the act:

Again there are a lot of peices of information on the internet:

http://www.berr.gov.uk/files/file22866.pdf

http://www.businesslink.gov.uk/bdotg/action/detail?type=RESOURCES&itemId=1074302010

Cosmetics are lumped in with Medicines..

HTH :)

[AnnieAnna]

Sometimes the people you contact are incredibly dopey about things they are supposed to be regulating......and sometimes they come across as little Hitlers. I was told in no uncertain terms that I could not sell soaps and creams without an EU Certificate of Safety in the EU. What's annoying is that they have Chilean Certificates of Safety which are modelled on the American one but look to me as if they cover the same things as the EU ones.
If Trading Standards catch you not sticking to the law they can confiscate your goods and close you down. (They had a hue and cry over a man in Hull who was selling unsafe toys recently).
Better safe than sorry and anything for a quiet life.
AnnieAnna

[Pamela]

Thanks everyone for your help advice and links