On 31 March 2026, the UK Government’s Department for Business and Trade (“DBT”) launched a consultation on market surveillance and enforcement as part of its wider programme to modernise the UK’s product safety and product regulation framework.
This consultation sits alongside DBT’s proposals for a redesigned core product safety framework to replace and modernise the UK’s current product safety framework under the General Product Safety Regulations 2005, which we have blogged about here. Its aim is to ensure the enforcement architecture is fit for modern supply chains, including e-commerce, international fulfilment models and fast-moving online listings.
The DBT’s consultation builds on feedback from the UK Product Safety Review, which identified practical problems with enforcement powers as a consequence of them being fragmented. The DBT proposes a more coherent UK-wide approach that would:
- simplify and consolidate enforcement powers into a single toolkit;
- expand civil sanctions, including monetary penalties, to reduce reliance on criminal prosecution;
- strengthen tools to address online and global supply chain enforcement challenges;
- explore cost recovery as part of the enforcement toolkit; and
- enable enhanced information sharing between authorities and other relevant bodies for product regulation and compliance.
What are the proposals?
A single, modern enforcement “toolkit”
A central proposal is to integrate and modernise existing market surveillance and enforcement powers into a single toolkit. The DBT anticipates this could replace extensive, duplicative powers, except where there is a compelling reason to retain tailored powers.
Investigation powers under the new toolkit are envisaged to include powers to:
- monitor, inspect, purchase, examine and test products;
- require businesses to provide information and documents;
- seize products where necessary; and
- suspend supply while investigations are ongoing.
Intervention powers would include powers to:
- require compliance with regulatory requirements;
- warn consumers/users of risks;
- withdraw unsafe or non-compliant products;
- prohibit the sale of harmful or non-compliant products; and
- recall (or require the recall of) products from consumers and users.
New tools for online and global supply chains
The DBT’s ambition is for the new toolkit to apply across routes to market (including online marketplaces). The consultation notes that the Digital Markets, Competition and Consumers Act 2024 (together with the Market Surveillance (Northern Ireland) Regulations 2021) includes powers for relevant authorities to seek an Online Interface Order (an order requiring the modification, removal or disabling of unlawful online content) in certain circumstances, and DBT is considering whether a similar power is needed for product regulation enforcement against online actors (including sellers and online marketplaces) where other means have been exhausted.
The DBT is also considering whether some online marketplaces should have a UK presence in certain cases, for example, where they have high UK sales volumes or if they have a history of non-compliance and/or a lack of cooperation.
A more proportionate penalties framework and undertakings
With a view to ensuring proportionate penalties, the DBT has proposed categorising breaches (where possible) by reference to the type of obligation, including:
- core prohibitions (i.e. obligation such as breach of general safety requirements and other fundamental obligations);
- pre-market requirements (i.e. obligations such as technical documentation, marking, labelling, declarations of conformity, and user information);
- on-market requirements (i.e. obligation such as monitoring, reporting, and corrective action);
- investigation obligations (i.e. obligation such as failures to cooperate or provide information/samples);
- notice obligations (i.e. obligation such as statutory notice compliance); and
- enforcement undertakings.
A key feature is enabling businesses that acknowledge a compliance issue to offer an enforcement undertaking to the relevant authority. If accepted and completed within agreed timescales, the undertaking would avoid further enforcement action/prosecution in respect of that issue. The DBT has proposed a single, cross-government approach for how undertakings are considered, accepted and monitored.
Civil monetary penalties
The DBT has proposed using powers in the Product Regulation and Metrology Act 2025 to enable relevant authorities to impose civil monetary penalties (CMPs) as an alternative, proportionate response for serious breaches. In connection with this, the DBT is seeking views on the use of:
- fixed monetary penalties;
- variable monetary penalties; and
- escalating monetary penalties.
Potential cost recovery
The DBT is considering whether cost recovery should form part of the enforcement toolkit, and is seeking views on whether cost recovery is appropriate, what objectives it should serve, and which activities it might apply to, such as, for example, higher-hazard product assurance activity, significant investigations, monitoring corrective action and/or interventions.
The DBT is not proposing a particular model at this stage, instead focusing on the principles that should govern any framework, including proportionality, fairness, transparency and administrative feasibility.
Enhanced information sharing
The DBT considers that the ability to obtain and share information is a fundamental feature of effective product regulation enforcement.
In connection with this, the DBT is proposing clearer statutory powers to facilitate the secure and effective exchange of data between relevant authorities and other specified bodies for product regulation, safety and compliance purposes, with safeguards aligned to data protection requirements.
Who should engage with the consultation?
Any business or organisation involved in placing products on the UK market or with an involvement in product compliance and enforcement may wish to engage, particularly where they have practical input on how a modern enforcement toolkit should operate. Stakeholders likely to be affected include:
- manufacturers, brand owners and producers;
- importers, distributors and other supply chain intermediaries;
- retailers and e-commerce sellers, including those operating cross-border models;
- online marketplaces and platform operators;
- local authority trading standards and other authorities; and
- trade associations and compliance bodies.
Responses can be submitted via an online survey, by email or on paper. The consultation opened on 31 March 2026 and will close at 23:59 on 23 June 2026. Further details are available here.
What is next?
The DBT will consider responses and publish a response within 12 weeks, before bringing forward secondary legislation to implement the decisions taken. Brodies’ Health and Safety team will monitor the consultation outcome and publish further updates as DBT’s response and any draft legislation emerges.
While the final shape and timing of any legislative changes will depend on the consultation outcome, in the meantime, organisations should review the consultation details and review their internal processes for compliance breaches and regulatory engagement, with a view to planning for the potential changes that may lie ahead.
If you would like to discuss this consultation or any other aspect of Health and Safety, please get in touch with Brodies’ Health and Safety team or your usual Brodies contact.
