German Equipment and Product Safety Law (GPSG) for Consumer Products

As of May 1, 2004 the German Equipment and Product Safety Law (GPSG) became mandatory for most consumer products being placed upon the German market. Under the GPSG, consumer products include products that could be and are used by consumers in the service sector (i.e. fitness equipment). About 90% of all products for consumers are covered by the GPSG.

"The GPSG applies to all commercial sales, regardless of whether the products are new, used, reconditioned or considerably modified when placed in circulation…"

It is important to note that the GPSG is not only concerned with manufacturers ensuring safety when a product is used correctly, but also in the event of foreseeable incorrect usage as stated in GPSG section 4 paragraph 2.

"A product may only be brought into circulation if it is produced in such a way that the safety and health of users or third parties is not threatened when used correctly or if used incorrectly in a foreseeable way. In particular, the assessment should look at:

• The features of the product, including its composition, packaging, assembly instructions, installation, maintenance and length of use.

• Its effects on other products if it is expected that it will be used with other products.

• Its commercial presentation and packaging, labeling, warning notices, use and operating instructions and directions for disposal, as well as other product-related details or information.

• Those groups of users who are at a greater risk then others when using the product."

Because the GPSG is based upon the EU product safety directive, which contains national guidelines for all EU countries to implement safety laws, the GPSG will be similar to other EU countries' product safety laws, meaning that if your product or equipment complies with the requirements of the GPSG it may comply with the requirements of the other EU countries.

To obtain voluntary third-party certification of product safety, manufacturers can undergo certification and receive the GS Mark.

About GPSG:
Currently the GPSG is the legal basis for application of the GS Mark - 'Geprüfte Sicherheit' (tested for safety) Mark, and is a statutory German safety mark, which indicates a product has passed product safety testing.

The German Equipment and Product Safety Law (GPSG) for regulation of technical equipment and consumer products, became effective May 1, 2004. The GPSG combines Germany's Equipment Safety Law (GSG) and Product Safety Law (ProdSG) into one document, eliminating the multiplicity of rules and implements the 2001 EU product safety directive, and rendering both the GSG and ProdSG ineffective.

Only test laboratories and certification centers accredited by the National Center for Safety in Technology (ZLS) are able to award the GS mark. TÜV America Inc. provides GS services through our parent company, TÜV SÜD.

For more information, contact us.

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