The General Product Safety Regulation (GPSR) does not apply to certain categories of products that fall outside its scope. These include medicinal products for both human and veterinary use, as well as food and animal feed. Living plants and animals, including genetically modified organisms (GMOs) and microorganisms used in contained environments, are also excluded. Additionally, animal by-products, plant protection products such as pesticides, and equipment directly operated by service providers in transport services are not covered by the GPSR.

Additional Exemptions from GPSR
Other exemptions include aircraft, antiques, and items clearly marked as requiring repair or reconditioning before use. Antiques, such as works of art or collector’s items, are specifically excluded because they are not expected to meet modern safety standards. For a comprehensive list of exempt products, businesses are advised to consult Article 2 of the GPSR, which details the categories and criteria for out-of-scope items.

Distinguishing Antiques from Second-hand Products
Antiques are out of scope under the GPSR because consumers do not reasonably expect them to comply with current safety standards. The regulation references Annex IX of the Value Added Tax Directive to define antiques as items that are more than 100 years old. Second-hand products, on the other hand, are generally considered within scope unless they fall into one of the exempt categories or are explicitly marked for repair or reconditioning.

Identifying Works of Art and Collector’s Items
Works of art and collector’s items, which are also exempt, have specific characteristics that distinguish them from standard products. Works of art are created solely for artistic expression, such as paintings or sculptures, while collector’s items hold significant historical or scientific value that warrants their preservation. Annex IX of the Value Added Tax Directive provides further details to help determine whether an item qualifies as a work of art or a collector’s item.

Navigating GPSR Exemptions
Understanding whether a product is exempt from GPSR is essential for businesses to ensure compliance or determine if alternative regulations apply. Consulting the full text of Article 2 and Annex IX of the Value Added Tax Directive can provide clarity. For items that may fall into a grey area, seeking expert advice or liaising with market surveillance authorities can help businesses make informed decisions and avoid unnecessary risks.