GPSR exemptions: what's not covered

The exclusion list, word for word

This Regulation does not apply to: (a) medicinal products for human or veterinary use; (b) food; (c) feed; (d) living plants and animals, genetically modified organisms and genetically modified microorganisms in contained use, as well as products of plants and animals relating directly to their future reproduction; (e) animal by-products and derived products; (f) plant protection products; (g) equipment on which consumers ride or travel where that equipment is directly operated by a service provider within the context of a transport service provided to consumers and is not operated by the consumers themselves; (h) aircraft referred to in Article 2(3), point (d) of Regulation (EU) 2018/1139; (i) antiques.

• Medicinal products for human or veterinary use
• Food and feed
• Living plants and animals, GMOs, and products directly tied to their future reproduction
• Animal by-products and derived products
• Plant protection products
• Ride-on equipment directly operated by a service provider, a staffed amusement ride, not equipment the consumer operates themselves
• Specific aircraft referenced in Regulation (EU) 2018/1139
• Antiques

No handmade or small-batch exemption

GPSR's definition of "manufacturer" does not carve out size, volume, or whether the maker is a hobbyist or a factory:

any natural or legal person who manufactures a product or has a product designed or manufactured, and markets that product under that person's name or trademark

A natural or legal person shall be deemed to be a manufacturer for the purposes of this Regulation and shall be subject to the obligations of the manufacturer set out in Article 9 where that natural or legal person places a product on the market under the natural or legal person's name or trademark.

A person who makes a product by hand and sells it commercially under their own name or brand is a manufacturer under this definition, and is subject to the full Article 9 list exactly like a factory. There is no size, volume or handmade threshold anywhere in GPSR comparable to the small-business carve-outs found in some sector directives. The only related text is Article 17(2), which requires the Commission and Member States to give free guidance "with particular regard to the needs of those that qualify as SMEs, including micro-enterprises," which is guidance, not an exemption from the safety obligations themselves. See GPSR for private label sellers sourcing from China for how this plays out for a factory-made, brand-labelled product, and does GPSR apply to handmade products for the hobby-versus-business line specifically.

Second-hand, repaired and reconditioned goods are covered

This Regulation applies to products placed or made available on the market whether new, used, repaired or reconditioned. It does not apply to products to be repaired or reconditioned prior to being used where those products are placed or made available on the market and are clearly marked as such.

The requirements laid down in this Regulation should apply to second-hand products or products that are repaired, reconditioned or recycled, that re-enter the supply chain in the course of a commercial activity, except for those products for which the consumer cannot reasonably expect that they fulfil state-of-the-art safety standards, such as products which are explicitly presented as to be repaired or to be reconditioned, or which are made available on the market as collectible items of historical significance.

The only carve-out is for products clearly marked as still needing repair or reconditioning before use, or presented as collectible items of historical significance. Ordinary used or refurbished goods sold ready to use are covered like anything else. See GPSR and second-hand goods for detail.

When sector-specific law already applies: lex specialis

This Regulation applies to products that are placed or made available on the market insofar as there are no specific provisions with the same objective under Union law which regulate the safety of the products concerned. Where products are subject to specific safety requirements imposed by Union law, this Regulation applies only to those aspects and risks or categories of risks which are not covered by those requirements.

GPSR is the default. Where sector-specific EU law already regulates the safety of a category, that law controls the risks it covers, and GPSR fills whatever it leaves open. See CE marking vs GPSR for the full mechanics of this split.