UK Product Safety and UKCA Marking: Requirements for Cross-Border Sellers Post-Brexit

Yes. In August 2023, the UK government confirmed that CE marking will be indefinitely recognised for most product categories in Great Britain. This means you can use either CE marking or UKCA marking — both are valid. This applies to products covered by the same sectoral regulations that previously required CE marking (e.g., electrical equipment, machinery, PPE, toys, EMC). However, some product categories may have specific UK rules — always check the relevant statutory instrument. The UK(NI) mark is required for certain goods placed on the Northern Ireland market under the Windsor Framework. If you already have CE-marked products, there is no need to switch to UKCA.

For products placed on the GB market under sector-specific regulations (e.g., electrical equipment, PPE, toys, cosmetics), a UK Responsible Person must be named on the product or its packaging. The responsible person must be established in the UK and is responsible for: (1) holding the technical documentation and Declaration of Conformity; (2) providing information to market surveillance authorities upon request; (3) taking corrective action if the product is found to be non-compliant. For non-UK manufacturers, the importer or an authorised representative can serve as the responsible person. If you sell through Amazon FBA, Amazon may provide responsible person services — confirm this in Seller Central. Without a UK responsible person, your products may be blocked at the border or removed from marketplaces.

Amazon UK requires sellers to provide compliance documentation on request, and proactively checks certain categories. Required documents typically include: (1) Declaration of Conformity (DoC) — referencing the applicable UK regulations and standards; (2) test reports from an accredited laboratory (or EU/UK Notified/Approved Body for higher-risk products); (3) product images showing required markings (UKCA or CE mark, safety warnings, UK responsible person details); (4) user manual and safety information in English. Amazon may request these documents at any time — failure to provide them within 5 working days can result in listing removal. For certain categories (electronics, toys, PPE), Amazon conducts pre-listing compliance checks. Ensure your documentation references UK regulations (BS standards or retained EU law as amended), not just EU directives.

Three conformity marks are relevant for the UK market: (1) CE marking — the EU conformity mark, now indefinitely recognised in Great Britain for most products; (2) UKCA marking — the UK's own post-Brexit conformity mark, valid only in Great Britain (not Northern Ireland); (3) UK(NI) marking — used for goods placed on the Northern Ireland market under the Windsor Framework, where EU conformity rules still apply but with a UK identifier. For selling across the entire UK (GB + NI), you need: CE marking (accepted in both GB and NI) or UKCA + UK(NI) marks. Most sellers find CE marking the simplest option since it covers both markets. The UKCA mark uses the same format and dimensions as the CE mark but with 'UKCA' letters instead of 'CE'.

Under the Consumer Protection Act 1987 and the Product Safety and Metrology Act 1991, penalties for non-compliant products include: (1) enforcement notices from Trading Standards — requiring corrective action within a specified period; (2) product seizure and forfeiture — Trading Standards officers can seize non-compliant goods; (3) criminal prosecution — fines up to £20,000 per offence in magistrates' court, or unlimited fines in Crown Court; (4) imprisonment — up to 12 months for serious offences; (5) product recall notices — the Office for Product Safety and Standards (OPSS) can mandate recalls. For online sellers, the most immediate risk is marketplace enforcement — Amazon, eBay and other platforms remove non-compliant listings and may suspend seller accounts. The OPSS has been increasingly active in enforcement, particularly for electrical products, toys and PPE sold by overseas sellers.