(1) The Secretary of State may by regulations make provision, in relation to the marketing or use of products in the United Kingdom, for the purpose of—
(a) reducing or mitigating risks presented by products;
(b) ensuring that products operate efficiently or effectively;
(c) ensuring that products designed for weighing or measuring operate accurately.
(2) The Secretary of State may also by regulations make provision, in relation to the marketing or use of products in the United Kingdom, which corresponds, or is similar, to a provision of relevant EU law for the purpose of reducing or mitigating the environmental impact of products.
(3) But the Secretary of State may not make regulations under subsection (1) or (2) that relate to products listed in the Schedule .
(4) For the purposes of this Act, a product presents a risk if, when used for the purpose for which it is intended or under conditions which can reasonably be foreseen, it could—
(a) endanger the health or safety of persons,
(b) endanger the health or safety of domestic animals,
(c) endanger property (including the operability of other products), or
(d) cause, or be susceptible to, electromagnetic disturbance.
(5) The Secretary of State must publish a statement setting out how they expect to identify and assess risks presented by products for the purposes of this section.
(6) A statement published under subsection (5) may be amended or replaced from time to time.
(7) In this Act—
“ electromagnetic disturbance ” means any electromagnetic phenomenon which adversely affects the operation of a product;
“ marketing ” means making available on the market; and related terms are to be interpreted accordingly;
“ product ” means a tangible item that results from a method of production;
“ production ” means manufacturing, packaging, labelling or any other process or operation carried out (whether on a large or small scale) which impacts on the character of an item;
“ relevant EU law ” means—
Decision 768/2008/EC of the European Parliament and of the Council on a common framework for the marketing of products, or
other EU law that has the purpose of harmonising the conditions for the marketing or use of products in the European Union;
“ use ”, in relation to a product, includes storage, transportation, packaging, labelling or disposal; and related terms are to be interpreted accordingly.
(8) Sections 2 to 4 , 7 to 11 and 13 make further provision about the power conferred by this section .
(9) Regulations under this section are referred to in this Act as “ product regulations ”.