What is the ‘UKCA mark’ and does it affect you?

As of 1^st January 2021, the ‘UKCA’ (UK Conformity Assessed) product marking replaced the use of the ‘CE’ marking for products being placed on the market in Great Britain (England, Wales and Scotland).

By way of a recap, these are administrative markings which demonstrates conformity with health, safety, and environmental protection standards for products sold within the relevant territory (the European Economic Area (EEA) in relation to the CE mark, and Great Britain in relation to the UKCA mark).

Note, the UKCA does not apply to goods being sold in Northern Ireland.

UKCA / CE Marking – compliance

The technical requirements which you need to meet for the UKCA marking are largely same as the CE marking requirements. If you have previously needed to use CE marks therefore, we do not anticipate there being significant, if any, change for you in this regard. However, in any event, we recommend that a full review of the new UKCA rules is undertaken in respect of each of your relevant products, to ensure you are fully compliant going forward. 

Below, we have set out the key requirements which you must adhere to, to ensure compliance:

1. UK Declaration of Conformity

As with products marketed in the EEA, you will also need to prepare a UK Declaration of Conformity in relation to the UKCA marking. As expected, this declaration will be largely the same as what was previously required, and should include details such as:

• a description of your product, and identification of it (e.g. its serial number);
• the name and address of the body involved in assessing the conformity of your product (if required); and
• details the applicable legislation with which your product complies.

2. Using the UKCA marking

Like the CE mark, you must apply the UKCA mark to your products. There are certain requirements you must also adhere to:

• the letters forming the marking must be of a certain size;
• the marking must be at least 5mm in height (unless any exemptions apply – please let us know if you would like us to check if this applies to your products under UKCA); and
• the marking must be visible.

3. Technical documentation

You must keep documentation to demonstrate that your products conform with the UKCA requirements. These records should be kept for at least 10 years after they are placed on the market. Again, please let us know if you would like further advice about your record keeping requirements.

How we can help

To determine whether your products are compliant under the UKCA regulations, a full analysis of your products and the applicable legislation relating to them will need to be undertaken.

If you think you require advice on this and if you would like us to advise on the product marking requirements for any products you sell, please contact our Commercial and IP team on 0161 926 9969 or commercial@mlplaw.co.uk  to receive expert legal advice for your business.

Commercial & IP Team March 2021

MLP Law Ltd.