Safety of Second-Hand Goods
The aim of Warrington Borough Council’s Trading Standards Service is to ensure there is a fair trading environment for businesses in Warrington. It deals with problems which consumers encounter when they buy goods and services; it also advises traders on the complex issues of trading law.
As you are a trader, there are certain laws with which you must comply. This guidance note sets out some of the risks involved in selling certain second-hand goods.
You should also be aware that you are liable for civil action if goods you sell injure anyone.
Electrical goods
You are responsible for the safety of all mains operated electrical goods that you sell. The legislation that is applicable to the safety of these goods is the Electrical Equipment (Safety) Regulations 1994 which covers new and second-hand goods. There are specific essential requirements, some of which are listed below, with which all electrical goods must comply, in order to satisfy the legal requirements. The regulations apply to goods supplied in the course of a business and supply includes donation, hire and auction as well as the more traditional direct sale of goods.
General
The regulations are designed to ensure appliances can be safely operated. They must be adequately insulated to prevent electric shock, they must not overheat, which might cause fires and they must have instructions and labels to ensure they can be operated safely.
Old electrical equipment is a particular risk, as it may become dangerous when it has outlived its useful life. A qualified electrician or other competent person should ideally examine electrical Equipment before being offered for sale. Examine the plug and flex and if either of these is unsound it is better to replace them with new ones. Check to see that flexes are free from tears or kinks. It is not advisable to sell equipment that has had its flex lengthened by the addition of another piece of flex.
Electrical equipment with three wires should be wired thus:
GREEN AND YELLOW : EARTH
BLUE : NEUTRAL
BROWN : LIVE
If an appliance is sold with a plug fitted, the plug must comply with the latest British Standard. This means the pins on the plug must have non-metallic sleeves. The correct fuse appropriate to the appliance must also be fitted.
Any cable connected to electrical equipment must be restrained by a suitable grip to prevent pulling of the cable affecting the internal electrical connections. If you find the cord grip is not working then the appliance is unsafe and must not be sold until this has been rectified. Where the mains lead passes through a metal panel, a suitable grommet must be fitted to prevent chafing.
Electric blankets
Old damaged blankets can cause fires and deaths. Do not sell old electric blankets if they are damaged in any way. They should be checked over by an electrician and should bear labels detailing their correct use.
Electric fires
Besides checking the wiring and plugs, these should be fitted with a fireguard so that neither an adult nor a child can touch the element.
Instructions
Sufficient instructions to ensure the safe operation of appliances must be provided. In some cases where the appliance is complex, the detailed original instructions are required. Examples would include washing machines, power tools, kitchen appliances and microwave ovens.
Gas appliances
General
A qualified CORGI gas fitter should be consulted if in any doubt as to the supply of a gas appliance. All gas appliances must also, by law, only be fitted in the customers house or premises by a CORGI registered fitter. Beware of any appliances that are either very old or in poor condition. Instructions for use must be provided.
Gas cookers
Gas Cookers must comply with regulations concerning the escape of gas from, surface temperatures of, stability and construction of, and labelling of them. Instructions to ensure the safe operation of the appliance must also be provided.
Gas fires
Again these should be checked over by a competent person to ensure that they do not leak gas or fumes. A fireguard should be fitted to prevent accidental contact with the flames.
Upholstered furniture
All upholstered furniture sold must comply with the Furniture and Furnishings (Fire) (Safety) Regulations 1988. The only exemption is for furniture and antiques made before 1950 which may or may not have been refurbished. The Regulations are too detailed to be included here, but a useful DTI leaflet explaining the requirements and labelling is available.
You should beware of any upholstered furniture produced in the 1950’s/60’s/70’s/early 80’s as this will not comply unless it bears the relevant manufacturers’ label stating that it has either been manufactured in accordance with the 1988 Regulations, or has at sometime been renovated/recovered and labelled that it now complies with the Regulations.
The DTI leaflet giving a more detailed explanation of the 1988 Regulations and including colour examples of the display labels may be obtained from this service.
Toys
There are detailed Regulations covering the safety of toys both new and second-hand. In general toys should be free from sharp metal edges, spikes or points that could cause injury. They should not be made of a pile material that is flammable. Eyes and noses made of glass, metal or hard plastic must be fixed so that a child’s fingers cannot grasp them or pull them off with a force less than 90N. Electrically operated toys such as train sets or scalectrix must run at less than 24 volts, and must therefore never plug straight into the mains without a transformer to reduce the voltage. Toys should not be sold in thin plastic bags big enough to go over a child's head. Do not sell anything that is broken or has parts missing as this could make it unsafe.
General product safety regulations 1994
This law applies to the safety of goods for which there is no specific law. For example, generally speaking, it does not apply to electrical goods as other laws already cover them. The goods to which it does apply must be generally safe, taking into account their intended use and the state of technical knowledge at the time. It is an offence to sell unsafe goods. Second-hand goods are also covered by these regulations.
Our role
Our aim is to protect consumers and business from unfair trading. We realise that there may be costs involved in complying with these requirements, but those who fail to do so can put consumers at risk and gain business at the expense of reputable competitors.
If you sell second-hand goods which are unsafe or incorrectly labelled, and you haven’t taken reasonable precautions to avoid this, you may be prosecuted.
You could be fined £5,000 and/or imprisoned for up to six months.
Taking reasonable precautions means you must take positive steps to ensure that you comply with the law.
Further Information
We are happy to provide further advice or literature to assist you in complying. We also enforce a range of other consumer or trading legislation which might affect you.
If you need further advice on this, or other trading issues, please contact the Duty Officer on (01925) 442658, Monday to Friday between 9.00 a.m. and 5.00 p.m.
Please note that ultimately only the Courts can interpret the law with any authority.
These notes are for guidance only and are not a comprehensive explanation of the safety requirements when selling second-hand goods. Please be aware also that the law may change at a future date.
