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Introduction to German Product Safety Law

ProdSG is the German Product Safety Law. On September 23, 2011, the German Federal Parliament issued a revised version of the Equipment and Product Safety Law (GPSG), now known as the Product Safety Law (ProdSG). The German Federal Parliament passed the bill and announced it in the Federal Law Gazette on November 11, 2011, which came into effect on December 1, 2011.

The Product Safety Law applies to almost all products, except for special fields such as medical equipment and food. This law implements many European CE directives into German law. In addition to the areas under unified instruction control, the Product Safety Law also regulates products outside the unified instruction control areas, such as parts and accessories used by merchants for reprocessing.  

All participants, including online retailers, are obligated to register under the new packaging law. The first to bring packaging products (including filling materials) to the German market and end with consumer waste is constrained by VerpackV and VerpackG. The principle of extended product liability applies here. Therefore, these parties are responsible for ensuring the collection and recycling of all relevant packaging materials.

All companies selling goods in Germany must be prepared to participate in a dual system to arrange packaging recycling after use and continue trading in Germany.

Applicable product scope

The Product Safety Law applies to almost all products, except for special fields such as medical equipment and food. This law implements many European CE directives into German law. In addition to the areas under unified instruction control, the Product Safety Law also regulates products outside the unified instruction control areas, such as parts and accessories used by merchants for reprocessing.

Major changes in manufacturers, importers, and retailers (distributors);

Verify whether the produced consumer goods match the original design;

Verify whether the use of GS logo is approved and whether there is a corresponding certificate;

For products that have obtained the GS mark, importers should check the validity of the corresponding certificate before import and record the effective date, GS mark issuing agency, and certificate number;

Other provisions in the European Directive regarding products for manufacturers/importers and retailers are stipulated in the corresponding chapters of the Product Safety Law.

Application Process

1. After the client completes the customer basic information form correctly, it should include the company name (in Chinese and English), address (in Chinese and English), phone number, contact person, email address, and product name.

2. The trustee provides a quotation from the European agent.

3. Both parties have signed the EU authorized representative contract (quotation contract).

4. The client shall make the relevant payments according to the contract, and upon receipt of the payment, the second party shall provide the official European Authorized Representation Agreement.

5. The client shall include the European representative documents in the CE technical documentation.

Punishment under German Product Safety Law

The Product Safety Law has established new penalty regulations, such as fines for the lack of German manuals and for the lack of specifications or labels on consumer products, raising the penalty standards to prevent abuse and achieve lasting results. Violation of regulations may result in a fine of 10000 euros;

Under certain conditions, if the GS logo is used without the corresponding certificate, a fine of up to 100000 euros will be imposed.  

If the GS logo is continuously and repeatedly used or advertised without the corresponding GS certificate, the penalty provisions will also be strengthened. In this case, according to the punishment regulations of the legislative body, a fine or high imprisonment for one year may be imposed.