What your bags legally need before they can be sold
Compliance is where cross-border bag programmes stall, and it is usually discovered after the goods are on the water. Here is what each market requires, and which part of it is the factory's job versus the brand's.
| Market | What is required | Who is responsible | Typical lead time |
|---|---|---|---|
| European Union | GPSR Regulation (EU) 2023/988: an EU-based Responsible Person, a technical file retained 10 years, batch-level traceability, multilingual labelling and warnings, and Article 19 disclosure on the product page. | The economic operator placing the goods on the market — the EU importer, or you if you sell DDP direct to consumers. | 2–4 weeks to appoint and document |
| European Union | REACH restrictions: azo colourants releasing listed aromatic amines in textiles, phthalates in plastic sheeting, nickel release from metal in prolonged skin contact. | Shared — the factory supplies test reports, the brand holds the file. | 1–2 weeks for lab testing |
| European Union | Textile fibre composition labelling: the fibre content must be stated on a durable label in the language(s) of the member state of sale. | The factory produces the label; the brand specifies the content. | Included in production |
| United Kingdom | Great Britain retains its own product safety framework; Northern Ireland follows EU rules under the Windsor Framework. | Depends on which market the goods enter. | — |
| United States | CPSIA third-party testing and a permanent tracking label if the bag is intended primarily for children aged 12 or under. California Proposition 65 evaluation for all bags shipping to California. | The importer of record. | 2–4 weeks for testing |
| United States | Customs entry for every shipment at any value. The de minimis exemption no longer applies, and Section 301 duties apply to China-origin goods. | Importer of record, filed by a licensed broker. | Per shipment |
GPSR in practice: the three things that catch people out
1. No Responsible Person, no market access
If your company is established outside the EU, you cannot act as your own Responsible Person. You need an entity established in the Union — an authorised representative, an importer, or in some cases a fulfilment service provider. The RP's name and postal address must appear on the product, the packaging or the accompanying documentation. Enforcement is now active: shipments without a valid economic operator are being stopped at the border, and marketplace listings are being removed.
2. The requirement extends to your product page
Article 19 applies the disclosure obligation to distance sales. The manufacturer's name and address, the Responsible Person's details, product identification and any safety warnings must appear on the product page, before the customer completes the purchase — not buried in a PDF and not only in the footer. Regulators are auditing online listings automatically, so a mismatch between the page and the physical product is an easy trigger for an account freeze.
3. Traceability has to be batch-level
Every unit must be traceable to a specific production run through a type, batch or serial number. Vague batch codes are being rejected. If a recall happens and you cannot identify which customers bought from the affected batch, you may be forced to recall everything sold — which is a different order of problem entirely.
The practical implication for a buyer is that the batch number has to be agreed at sampling stage and printed or labelled during production. It cannot be added afterwards.
The factory's half of the paperwork
We cannot be your legal Responsible Person, and we will not pretend otherwise. What we can do is give you the material evidence your RP and your broker need.
Material test reports
Azo colourants releasing aromatic amines, phthalates in plastic sheeting, and nickel release testing on metal hardware, from accredited laboratories.
Material composition declarations
The fibre content and outer surface material statement you need for origin labelling and for customs classification.
Batch and traceability records
Production batch codes that link the finished unit to the material lot and the production date, agreed at sampling stage.
Fabric and factory certification
OEKO-TEX certified fabric options, BSCI audit reports and ISO 9001 factory documentation.
Multilingual care labelling
Fibre composition and care labels in the languages of the markets you sell into, produced as part of the brand package.
Construction specification sheet
The material and construction detail you need to run your own risk assessment and performance testing.
Statements we will not make for you
A supplier who will put anything on a bag is not doing you a favour. These are the claims that create liability, and we will ask for the evidence before printing them:
- "Biodegradable" or "compostable" — requires a certified standard and a defined disposal environment to mean anything.
- "Recycled" without a chain-of-custody document such as GRS behind it.
- "Food safe" on a cooler or lunch bag lining without a migration test against the relevant food-contact standard.
- "Keeps cold for X hours" without a test on the finished specification.
- "Eco leather" — there is no regulatory definition, and the EU is moving on unsubstantiated green claims.
Printing a claim you cannot prove converts a marketing decision into a legal exposure. Tell us what you want to claim and we will tell you what evidence it needs.
Frequently asked
Do I need an EU Responsible Person to sell bags in the EU?
Yes, if you are established outside the EU. GPSR requires an RP established in the Union whose name and postal address appear on the product, the packaging or the accompanying documentation. There is no exemption for small sellers. Note that if you sell FOB and your EU customer is the importer, that customer is the economic operator placing the goods on the market — which is one reason FOB is the simpler structure for a first export programme.
What must appear on an online product page under GPSR?
Article 19 requires the manufacturer's name and address, the Responsible Person's name and address, product identification such as a model or batch number, and any safety warnings — shown clearly on the product page before the customer completes the purchase.
Which REACH restrictions apply to textile and PU bags?
Azo colourants that release listed aromatic amines in textiles, phthalates including DEHP, DBP, DIBP and BBP in plastic sheeting, and the nickel release limit for metal parts in prolonged skin contact, such as handle hardware.
When does CPSIA apply to bags?
When the bag is designed or intended primarily for children aged 12 or under. That triggers third-party testing and a permanent tracking label on the product and its packaging.
Do we need to worry about this if we only sell B2B?
Yes, but the obligation sits differently. In a B2B sale the buyer is usually the importer and therefore the economic operator who must hold the technical file and appoint the RP. Your obligation as the supplier is to give them accurate material and batch information. Ask for the compliance requirement in writing at quotation stage so it is captured before production, not after.
This page is general guidance, not legal advice. Confirm your obligations with a qualified advisor or your Responsible Person before placing product on the market.
Tell us which markets you sell into.
We will flag the documentation each one needs at quotation stage, before anything is produced.