The new UKCA mark

Since the UK has now left the EU, it has introduced a new UK Conformity Assessed mark (UKCA mark) which shows that products comply with requirements in legislation applying in GB. The UKCA mark is the UK's own product safety mark broadly mirroring the EU's CE mark.

The UKCA mark is required to be used on products being placed on the Great Britain market: when a product is first made available for distribution, consumption or use on the GB market as part of a commercial activity (in return for payment or free of charge). The UKCA mark is required on those goods that would have required a CE mark if placed on the EU market.

The UKCA mark applies to most products for which the CE mark could be used. The technical requirements you must meet for the UKCA mark will depend on the product specific legislation for your product. There have been no material changes in respect of the required safety and compliance standards themselves, although future divergence between the EU and UK is possible.

The UKCA mark can take different forms (for example, the colour does not have to be solid), as long as it remains visible, legible and maintains the required proportions. You must make sure that:

• if you reduce or enlarge the size of your mark, you must ensure it remains in proportion
• the UKCA mark is at least 5mm in height unless a different minimum dimension is specified in the relevant legislation
• the UKCA mark is easily visible, legible and indelible

It may sometimes be placed on the manuals or on other supporting literature, but this will depend on the specific regulations that apply to the product. In most cases, you must apply the UKCA mark to the product itself or to the packaging.

The UKCA mark must only be placed on a product by the manufacturer, their authorised representative (where permitted in the relevant legislation), or you - if you are marketing the products under your name or trademark. When affixing the UKCA mark, you take full responsibility for conformity with the requirements of the relevant UK legislation.

The UKCA mark cannot be used for products placed on the Northern Ireland market. Products placed on the Northern Ireland market are subject to a different set of rules; EU rules will continue to apply in respect of certain goods, such as medical devices, cosmetics and tobacco products and EU conformity markings, including the CE mark, will continue to be used to show that goods meet EU requirements.

If manufacturers use a UK body to carry out mandatory third-party conformity assessment, then manufacturers also need to apply a UKNI mark, in addition to the CE mark. However, goods bearing both the CE and UKNI marks cannot be placed on the EU market because the UKCA mark is not recognised on the EU market. Products need a CE marking for sale in the EU.

But I’m not a manufacturer, I distribute goods…

Distributors must ensure that products bear the UKCA mark and are accompanied by the required documentation, instructions, and safety information.

Distributors must not make a product available if they have reason to believe it is not in conformity with the essential safety requirements. If there is reason to believe the products are non-compliant, then the distributor must not make products available and take corrective actions to prevent them from being placed on the GB market until the product has been brought into conformity.

But I’m not a manufacturer, I import goods…

Importers must not place a non-compliant product on the market. They must ensure the manufacturer has carried out the correct conformity assessment procedures, subject to the requirements of the relevant legislation. If the manufacturer has appeared to have supplied non-compliant products, then the importer must take the necessary corrective actions (for example, recalling products from the market) to prevent the products from being placed on the GB market, until they are compliant with the appropriate legislative requirements.

What next?

The UKCA regime has been operational since 1 January 2021. Whether you are involved in manufacturing, importing, or distributing, you have until 31 December 2024 to ensure you have replaced the previous CE quality mark with the UKCA mark.

Get in touch if you are unsure

If you are unsure about any of the content of this article, please contact the Co-operatives UK advice team.