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This checklist sets out the key issues for consideration when drafting contractual provisions for business to business contracts concerning product safety and liability. See Practice Note: Product liability risk management for producers for further information on how businesses can manage risk before making new supply arrangements including undertaking appropriate due diligence on other relevant businesses in the supply chain.

1. •

   Identify all relevant laws (eg Sale of Goods Act 1979, Sale and Supply of Goods Act 1994, Consumer Protection Act 1987, General Product Safety Regulations 2005, SI 2005/1803, Consumer Rights Act 2015 and Digital Markets, Competition and Consumers Act 2024), standards, codes of practice (etc) that apply to the products. Consider specific laws that apply to the manufacturing, import and sale of certain products such as fireworks, cosmetics, toys, pharmaceuticals and medical devices, personal protective equipment (PPE), gas appliances, food and animal feed, and automotive. See Practice Notes: Consumer protection for defective or dangerous products—legal bases, Product liability and defective products and General Product Safety Regulations 2005—Offences