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Founder of Euverify | EU & UKCA Compliance Expert
Ajay is an eCommerce expert with 17+ years of experience as an Amazon, eBay, and Etsy seller and a Shopify specialist. He excels in EU and UK compliance, including GPSR and UKCA, helping businesses expand into European and UK markets. Ajay is the founder of Sweans, a London-based eCommerce agency, and Euverify.com, a SaaS platform streamlining compliance for non-EU sellers.
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Top 5 Key Takeaways of the Toy Safety Directive (2009/48/EC)
Have you ever seen a child take a dirty block off the ground and put it in their mouth? Or chew on a favorite toy? Maybe you recall cringing and stepping in to intervene. Chances are, you were more concerned about the dirt and germs making their way into the mouth of the kiddo than the possibility that the toy, itself, would be the bearer of most potential harm. Aside from all the regular risks that toys could inflict like becoming lodged in a small nose or worse, parents have to consider the materials and elements present in the toy itself. Manufacturers have the responsibility of following the rules set forth in the Toy Safety Directive 2009/48/EC not only to their governance but to the community at large. Toys should be fun, right? These are the top 5 key takeaways of the Toy Safety Directive:
What is the Directive and how does it affect me, the manufacturer, or the buyer/seller of manufactured toys?
The Toy Safety Directive 2009/48/EC directly outlines requirements for compliance. Compliance, like in any industry, steps one to getting a business off the ground. For businesses existing before July 20th, 2011, adopting the two-decades-old policy updates would be critical in staying in good standing. The Toy Safety Directive contains all necessary legal checkboxes to mark before they can be sold in the EU market. All of the requirements must be met to even be able to pass through the EU.
The two categories of risk are general risks and particular risks. Overall, they are related to the children’s health and safety: risks include how flammable the toy is, its radioactivity, how conductive of electricity it is, its chemical components, and lastly the physical and mechanical properties and how they affect children.
Who is affected and who is protected?
Manufacturers, consumers, buyers, and sellers are all affected by the directive. Any item designed or intended for use in play by children of the ages 0 to 14 is covered so if you want to do business within the EU or transport items through the EU, you have to be aware of and proactive regarding the legal obligations set forth by 2009/48/EC.
Wait so this isn’t applicable to all toys?
Some toys are exempt from some or all of the rules:
- Any automated play machines intended for use by the general public
- Any toy car or truck that has an engine using combustion.
- Toys like catapults and slings that have an intended launching use.
- Model locomotives.
- Playground equipment intended for the general public to play on or with.
Some items are commonly misclassified as toys that do not have to fall within guidelines, note – this is not an exhaustive list (a complete list can be found within Annex II):
- 500+ piece puzzles.
- Electrical equipment such as transformers that are used in conjunction with a toy
- Any decoration intended for use during festivities, celebrations, and parties.
- Bikes that have a saddle height of 435 millimeters or more.
- Any item intended to combust or explode such as fireworks.
- Laptops, tablets, phones, or any electronic device.
- Equipment used in sports that have been designed for children with a weight of 20 kilograms or more.
- scooters or any other motorized toy that is legally able to be used as transportation on public roads or paths.
- Collector’s items for people 14 and over, examples include historical replicas, figurines, antiques, decorative dolls.
- Items intended to soothe infants.
Some items that fall within the scope of The Toy Safety Directive 2009/48/EC
Scope of the EU RoHS Directive
RoHS 2002/95/EC has an expanded scope of products and imposes new obligations on EEE manufacturers regarding preparing the EU Declaration of Conformity and placing CE marking onto finished products. The latter was included in its regulation because the original RoHS Directive didn’t have any formal markings requirements for illustrating compliance, which brought many companies to design their own symbols issue version, “Declaration Of conformance.”
- Crayons, markers, paint, canvas, paint brushes, coloring pencils, chalk, and any other design tool or item that is not specifically used as art supplies/ sold in artist supply shops. Anything used for drawing or writing that is intended for use as a toy is covered by the directive. This also includes toy erasers and any other design object that is freestanding that can also be played with like a toy.
Confused yet? Don’t be. Just think about the intentions for the object. If it is intended to be used as a toy and isn’t exempt like the examples noted previously, it is more than likely within the scope of this directive. Always check Annex II for definitive facts.
Does this apply to my business?
Manufacturers and their authorized representatives, importers, and distributors are
required to follow the Toy Safety Directive 2009/48/EC. What does it require of the manufacturer?
- Guarantee the item has directions for use and security data.
- All appropriate congruity evaluations, including outsider appraisals, should be completed and documentation available for authorities.
- The toy bears a bunch, type or chronological number, or some other component permitting its ID.
- All material similarity appraisals, including outsider evaluations, should be completed with documentation readily available.
- Create and keep a file of the Declaration of Conformity for a ten-year time frame. Also, have a technical file available for the said time frame.
- Contact and data regarding the producer should be put on the toy or its bundling, or in the documents that accompany the toy in the package.
- The product’s design is in accordance with the Directive’s criteria laid down in Article 10 and Annex II.
- The choice of method and execution of manufacture is compliant as defined in Article 10 and Annex II.
- Authorized representatives of manufacturers are at a minimum required to store the product’s technical documentation and declaration of conformity for at least 10 years and provide the national authorities with any and all assistance they require in order to validate the conformity of the item.
- What about importers? They must only present CE-compliant toys on the EU market. They must include their own name, the registered trademark and address must be displayed on the toy’s surface, it’s packaging, or in the paperwork in the toy’s package. Importers must verify that the toy has instructions for use as well as information about the toy’s safety. Another importer’s responsibility is to ensure that the storage and transportation of the toy are in compliance with the requirements designated within Article 10 and Annex II. When necessary, importers must sample a test product and validate its compliance with the Toy Safety Directive. Importers must also keep a copy of the product’s Declaration of Conformity for ten years and be able to provide the national authorities with all the documentation required to demonstrate the toy’s compliance with the EU legislation.
If you were thinking that covers requirements, you’re incorrect. There is a list of considerations to make when regarding the actual procedures. Let’s dig into the compliance aspect of The Toy Safety Directive 2009/48/EC.
The process of compliance has specifics to consider if you manufacture.
- Interesting fact: manufacturers can actually apply to participate in
“self-verification” so long as they apply to do so. This method is used heavily in the soft toy industry. Manufacturers are expected to provide applicable, aligned standards that reflect the ones published in the Official Journal of the EU. In addition, they must complete the Module A assessment procedure (internal production control). So, just to reiterate that notion, manufacturers are able to hold themselves accountable which, if you’re a manufacturer, can make the process much easier and help to avoid delays.
- If a company cannot self-verify, a third party must verify the conformity compliance.
- Third parties are required when the standards covering all relevant safety and risk assessments for the toy have not yet been established. Also, when the current applicable standards are not applied or applied only in part; the standards are published but entail restrictions of some kind; or when the manufacturer believes that the toy’s natural state, build, or intended purpose would be needed for safe release. Although a third party would be needed in those circumstances, the manufacturer is still responsible for conducting internal analysis to take into account the potential hazards, risks, and dangers associated. In other words, manufacturers, you have to know your business or risk harming someone and failing compliance testing.
It is important to keep in mind that all children benefit when businesses are in compliance with the CE standards. Toys help children develop and learn so it is only natural to have these standards in place to ensure their safety. Always be sure to check the rules in Article 10 and Annex II if you have any questions and approach the necessary government body to move forward where needed.
For those that do not manufacture toys but are involved in their business of them, do your due diligence. Take the initiative to test a sample and check all the associated documents and check all the facts. The responsibility falls on every part of the logistic chain and one misstep or bad decision can make or break the entire business itself. Even more importantly, the wellbeing of children directly depends on a business’s ability to take accountability for the toys they are dealing with. Everyone loses when the CE standards are not adhered to.
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