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German Product Safety Act (ProSG)
Introduction to German Product Safety Law
ProdSG is the German product safety law. On September 23, 2011, the German Bundestag promulgated the revised version of the "Device and Product Safety Law" (GPSG), the current "Product Safety Law" (ProdSG). The German Bundestag passed the bill and published it in the Federal Law Gazette on November 11, 2011, and it came into force on December 1, 2011.
The Product Safety Act applies to almost all products, with the exception of special fields such as medical equipment and food. The Act implements many European CE directives into German law. In addition to the areas regulated by the unified directive, the Product Safety Law also provides for products outside the regulated areas of the unified directive, such as parts and accessories used by merchants for reprocessing.
All participants, including online retailers, are obliged to register under the new packaging law. The first to bring packaging products (including filling materials) to the German market and end in consumer waste, both subject to VerpackV and VerpackG. The extended product liability principles apply here. Therefore, these parties are responsible for ensuring that all relevant packaging materials are collected and recycled.
All companies selling goods in Germany must be prepared to participate in a dual system to arrange for packaging recycling after goods are used and continue trading in Germany.
Applicable Product Range
The Product Safety Act applies to almost all products, with the exception of special fields such as medical equipment and food. The Act implements many European CE directives into German law. In addition to the areas regulated by the unified directive, the Product Safety Law also provides for products outside the regulated areas of the unified directive, such as parts and accessories used by merchants for reprocessing.
• Major changes in manufacturers, importers and retailers (dealers);
• Verify that the manufactured consumer product matches the original design;
• Verify that the use of the GS logo is permitted and that there is a corresponding certificate;
• For products that have been marked with GS, the importer should check the validity of the corresponding certificate before importing and record the effective date, the issuing authority of the GS mark and the certificate number;
• Other provisions of the European Directive concerning products for manufacturers/importers and retailers of products are specified in the corresponding chapters of the Product Safety Act.
German Product Safety Law Penalties
• The Product Safety Act defines new fines, such as fines for missing instructions in German and missing specifications or labels on consumer products, and increases fines to prevent abuse and achieve lasting effects. Violations can be punished by a fine of EUR 10,000;
• Under certain conditions, if the GS logo is used without the corresponding certificate, the fine will be up to 100,000 euros;
• Penalties are also reinforced for continued and repeated use of the GS logo or advertising without the corresponding GS certificate. In this case, the penalties are punishable by fines or up to one year in prison, as determined by the legislature.
How does this affect your company
• If you do not register, the new requirements may create obstacles to your company's product sales. Packaged goods cannot be marketed in Germany until the Zentrale Stelle registration has been completed. These requirements apply even if your company only places one item on the market per year;
• If not registered, your company could be subject to a hefty fine of up to 200,000 euros in Germany, and any missed declaration will be subject to a fine of 10,000 euros;
• In addition, the Act will encourage packaging manufacturers to incorporate recyclability considerations into their packaging designs. All businesses are required to register on the packaging center registration website to ensure market access.
