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This page does not constitute legal advice on any subject matter from Fruugo.com Ltd. As a retailer it is your responsibility to conduct your own research and/or seek independent legal advice in understanding your compliance obligations. 

Info

LAST UPDATED SEPTEMBER 2024. Please continue to check this FAQ Page at regular intervals for further updates.

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titleDoes the GPSR apply to the UK?

The GPSR does not apply to Great Britain, however it does apply to Northern Ireland since Brexit.

If you sell on fruugo.co.uk you are still required to provide the required information under the GPSR as products may be purchased by consumers in Northern Ireland. 

Please note the General Product Safety Directive 2005 does apply to Great Britain and responsible person information is required to list products in Cosmetics and Medical Device categories in the UK.

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titleWhat products are affected by the GPSR?

All products sold on Fruugo except the following excluded categories.

  • Medicinal products for human or veterinary use

  • Food

  • Feed

  • Living plants and animals, genetically modified organisms, and genetically modified microorganisms in contained use, as well as products of plants and animals relating directly to their future reproduction

  • Animal by-products and derived products

  • Plant protection products

  • Equipment on which consumers ride or travel where that equipment is directly operated by a service provider within the context of a transport service provided to consumers and is not operated by the consumers themselves

  • Aircraft and their parts, including remote control, used in military, customs, police, search & rescue, firefighting, border control, coast guard and similar activities

  • Antique

However you must also ensure that all products, including those in the excluded categories, are also compliant with all other rules and regulations governing the product category.

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titleDo I need to provide any information for food supplements?

Whilst food products are not covered by the GPSR, Fruugo is also requiring retailers to provide information on the Manufacturer and a Responsible Person in the EU for all food supplements as traceability is a core requirement in the EU Food Regulations.

All food products, including supplements, require a Food Business Operator to be designated who is legally responsible for ensuring products meet the food laws in the EU. Please use the EU Responsible Person field to specify details of your EU FBO to Fruugo.

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titleWhat information should I provide as 'Safety Information'?

A retailer must display all applicable safety information, including any safety warnings and user instructions on safe usage and disposal of the product. This information will be SKU specific. Post December 2024, Fruugo will be developing its compliance functions to allow retailers to provide further information to Fruugo to display on the product page including information such as user guides, images of the product packaging, a declaration of conformity, and the digital product passport.

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titleWhy do I have to provide information for Norway and Switzerland?

Whilst Norway and Switzerland are not in the EU, the GPSR also applies to all EEA countries, and is not limited to EU countries. 

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titleWho is the Manufacturer?

The GPSR defines ‘manufacturer’ as “any natural or legal person who manufactures a product or has a product designed or manufactured, and markets that product under that person’s name or trademark”.

A manufacturer may also include any natural or legal person who places a product on the market under their own name or trademark, or substantially modifies a product in such a way that the conformity with the requirements might be affected. Modifications to the product (physically or digitally) may have consequences on the nature and characteristics of the product in a way not foreseen in the initial risk assessment of the prodigy which might jeopardise the safety of the product.

As such, if you are selling own-branded products under your name, or trademark on Fruugo, you may fall under the definition of a Manufacturer and be subject to the requirements of a Manufacturer.

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titleWho can be my Responsible Person?

EU market-based Responsible Person needs to be one or more of the following:
• Any Authorised Representative of the manufacturer
• An importer-of-record
• A fulfilment service provider
• A distributor

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titleHow do I find a Responsible Person if the Manufacturer is not in the EU?

Retailers should contact their supplier or the manufacturer to identify the contact information of the appointed EU based Responsible Person. 

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titleWhen can I provide the necessary information to Fruugo?

Fruugo is working hard to prepare its systems to accept this information from retailers as soon as possible. If you have information prepared on the Manufacturer and EU Responsible Person, please contact your Account Manager and we can add you to the testing of the new tool. 

If you do not have the required information available, we recommend that you contact your distributor, and manufacturer to begin collecting this information in preparation for the official launch of the new tools. Our Account Management Team will be in contact to announce the official launch of the new GPSR tools to all retailers when this is available

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titleMy supplier is struggling to find the safety files?

If your supplier does not hold this information, or is struggling to find it, you should attempt to contact the brand or manufacturer directly as this information must be stored and available to the public. 

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titleAre there any exceptions if my supplier is drop-shipping?

No, if a retailer or your supplier are drop-shipping the obligations remain the same. 

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titleCan Fruugo help me find a Responsible Person or help me meet my compliance obligations?

Unfortunately Fruugo cannot assist you with this directly, however we do recommend you contact a Product Compliance Specialists for any further assistance in meeting your compliance obligations.

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titleWhat will happen if I do not comply with the GPSR?

If you do not comply with the GPSR, your products will not be displayed in the EU and you may be subject to further investigations and disciplinary action from Fruugo. In addition, you may be subject to penalties issued by Market Surveillance Authorities.

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titleWhere can I find more information about the PSRGPSR?

Please see our designated GPSR Help Pages for further information or view the Legislation in full here.

Please continue to check back on all GPSR Help Pages as we will continue to update these pages with further information and instructions. We aim to update all pages by the end of September 2024 ahead of the launch of the GPSR tools to retailers.

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