In the summer issue, we told you about the ongoing prosecution of a retailer by Sandwell Trading Standards for the sale of an unsafe toy originating from China. The toy, which cost only £1 when testpurchased by Trading Standards, contained high levels of a banned chemical and posed a serious health risk to children. The case has now been heard in a magistrates’ court and the outcome was not a happy one for the retailer. It was charged with two offences under toysafety legislation. These were: l The sale of an unsafe toy l The sale of a toy without the name or address of the responsible person in the UK on the toy or its packaging The retailer pleaded guilty at the first available opportunity, was fined £1,000 for each offence, and had to pay other costs totalling a further £1,030.35. In passing sentence, the magistrates indicated that they took a dim view of the retailer’s indifference to ensuring it was selling safe goods, and this was reflected in the sentence passed. The retailer’s day in court cost the business more than £3,000. The case was relatively unusual because – under normal circumstances where an unsafe item is sold – we would identify the business responsible for first placing the toy on sale in the UK and take enforcement action against that business. However, identifying that business – or indeed anyone responsible in the UK supply chain other than the retailer – had not proved possible in this instance, and responsibility rested solely with the retailer. round-up winter 2015 round-up This was because there was no name or address on the toy that would enable the responsible person in the UK to be identified, and the retailer was unable to identify its supplier through its records. If you sell toys, check your stock, and make sure it’s properly labelled and that your purchase records are up to scratch. Get invoices, with the supplier’s name on it, for everything you buy, with each product separately and clearly identified. To comply with the Toys (Safety) Regulations 2011, new toys must be marked with: l The name and address of the manufacturer or, if the manufacturer is outside the EU, the name and address of the manufacturer and the importer l Type, batch, serial or model number l The CE mark Credit: Murray Dewar Images: Tatiana Bobkova / Shutterstock Update on tobacco law There have been many changes to tobacco legislation, covering packaging, labelling, advertising, display and the age of sale. This year, we have seen the introduction of more controls – summarised below – plus a headsup on the shape of things to come. These measures are designed to help reduce the number of people who smoke and address the damaging effects of secondhand smoking on others. Around two-thirds of smokers take up the habit before they are 18, and half of all smokers will die from a smoking-related disease. The following changes came into force on 1 October 2015: l It is an offence for a person over the age of 18 to buy or attempt to buy tobacco or a nicotine product – such as an electronic cigarette or refill – on behalf of someone under 18. This is called proxy purchasing. The buyer faces a £90 fixed penalty notice or a fine of up to £2,500 if taken to court. l Nicotine products – such as electronic cigarettes, cartridges and nicotine refill substances – are aligned with tobacco, making it an offence to sell these products to under-18s. A seller could be fined up to £2,500. There are exemptions for nicotinereplacement therapies if they are licensed as medicines or medical devices. l Vehicles must be smoke-free zones when carrying children; it is an offence to smoke in – and for the driver to fail to prevent other passengers smoking in – the vehicle. Electronic cigarettes are not included in this ban. A convertible car with the roof retracted and stowed is exempt, as is a motorhome when sited and used as accommodation. Offences attract a £50 fixed penalty notice, or a fine of up to £2,500 if it goes to court. Standardised, or plain, packaging will come into force on 20 May 2016. It will be an offence to supply non-compliant packages. Further amendments are coming to ban flavoured tobacco – including menthol – stipulate minimum pack sizes of 20 cigarettes and 30g hand-rolling tobacco packs, and provide larger health warnings. Powers will also be available to prohibit online sales. Find out more For further advice on the details of the law and for help with compliance, contact your local Trading Standards service or visit Business Companion online. Credit: Brandon Cook Images: sayhmog / Shutterstock