The Sale and Supply of Second-Hand Goods in the Course of Trade or Business

• General
• Upholstered Furniture
• Examples of permanent labels
• Electrical Appliances
• External Wiring
• Fireguards
• Plugs
• Gas Cookers
• Toys

General

The days of "sold as seen" are over. It is generally accepted that safety legislation will apply to the sale of second-hand goods. It is accepted that second-hand goods are not new goods and as a result cannot offer all that new goods offer. However they must be in good repair and perform whatever function they were designed to do safely.

Many goods are specifically included in relevant legislation whilst others although not included in relevant legislation must because of General Safety Requirements, be safe and where necessary satisfy British Standards applicable to these goods.

Upholstered Furniture

Such furniture if made after 1950 must comply with the Furniture Fire Safety Regulations 1988. It must be marked with the fact that it complies to this relevant legislation on a permanent sewn in label. Furniture not containing a permanent sewn in label stating this fact must not be sold. The vast majority of upholstered furniture is included in this legislation. Fillings and covers have to pass the relevant fire tests and this will be specified on the permanent labels.

Examples of permanent labels

Example of label giving full information:

Example of a shorter label:

Electrical Appliances

Must be in good order and satisfy current safety standards. You should note that appliances manufactured between 1960 & 1980 may fail current standards despite being in good working order due to incorrect wiring, switching and guards. Because of the technical nature it is as well to have all your electrical goods offered for sale to be tested by a qualified engineer. However plugs and electrical wiring can be visually checked along with fire guards in order to reach a decision weather testing would be required or the item is a reject. Do not accept items likely to be rejected you have no obligation to do so!

External Wiring

Must not have the old colour codes ie. Red Green and Black

Ensure new wiring codes Earth - Yellow/Green, Live - Brown and Neutral - Blue. The wiring should be in good condition and core flex should not be exposed by broken or cracked insulation or lead covers.

Fireguards

Openings in electrical fireguards must be no bigger than 12mm x 125mm.

Plugs

Should be fitted and be marked with the following: Made to BS 1363 and have an approved mark ie. ASTA, BEAB, BSI. Any other type will not suffice for domestic 3 pin plugs.

Gas Cookers

These are subject to their own specific Regulations which outline a number of safety requirements on the condition and operation of gas cookers. They include:

• Gas Tightness
• Safe Operation of
  - Gas burners and combustion ensuring non-hazardous levels of carbon mon-oxide
  - Ignition, control and automatic shut off devices and tops
  - Oven door seals
• No material defects or sharp edges
• Stability of the cooker and vessels placed upon it.
• Safe surface temperatures.
• Adequate information and documentation and safety markings

All these points can be covered by a qualified gas engineer. If you are unable to have the goods inspected by said engineer it would be wise not to sell gas cookers. The potential hazards to the user of unsafe gas cookers are serious.

It should also be noted installation of gas appliances can only be carried out by CORGI registered fitters.

Toys

Second hand toys have been subject to safety regulations since 1967 and this has been continued in all subsequent regulations however this does not include CE marking and information requirements.

The essential safety requirements cover the following areas:

• Physical and mechanical properties.
• Flammability.
• Chemical properties ( eg. Heavy metals in paints).
• Electrical properties.

Toy safety legislation is more detailed than can be covered in this pamphlet however as a general rule do not sell broken or damaged toys and look for reputable brand names and those carrying "lion marks" etc. as these will offer a greater degree of safety in comparison to cheap foreign imported goods. 

Contact Information
Send us a Message	Trading Standards Tameside MBC Council Offices Wellington Road Ashton under Lyne Lancs OL6 6DL View local map
0161 342 8355
0161 342 2288