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The Toys (Safety) Regulations 1995 (SI 1995 No 204) which implement the European Directive (88/378/EEC) on the safety of toys.
A revised European Directive has been published. It will enter into force on 20 July 2011. The Directive substantially amends the existing Regulations across virtually all safety aspects. It also brings more references on chemicals into the Directive itself by limiting the amounts of certain chemicals that may be contained in materials used for toys. Recognising that this is a more complicated area, the parts of the Directive relating to chemical content will come into force on 20 July 2013. The new Directive 2009/48/EC is available at: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:170:0001:0037:EN:PDF
All toys supplied in the UK must meet the essential safety requirements set out in the toy Regulations and carry a CE Marking which is the manufacturer’s or his authorised representative’s declaration that the toy satisfies the essential safety requirements.
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The toys must satisfy the essential safety requirements of the Toys (Safety) Regulations 1995. We have produced a guide to the main features of the legislation. The guide does not replace the Regulations and anyone in the business of supplying toys should refer to the Regulations for a full statement of the legal requirements. The Regulations are available from the Stationery Office (see useful addresses) and also available on the Stationery Office’s website.
The Department's Guide to the Regulations can be downloaded. Further information can be found on our Toy Safety policy web page.
The Regulations define a toy as: ‘any product or material designed or clearly intended for use in play by children of less than 14 years of age, but excluding those products specified in Schedule 3’ [of the Regulations].
Only the courts can decide whether an item comes within the above definition but part 5 of Annex A of the Department’s guidance document offers some useful pointers.
The CE marking is not a European safety marking or quality symbol intended for consumers and should not be considered as such. Its purpose is to indicate to enforcement authorities that the toys bearing it are intended for sale in the European Community and signifies a declaration by the manufacturer or his authorised representative that the toys satisfy the essential safety requirements applicable to them and are entitled to access to Community markets.
Day-to-day enforcement of safety legislation, including the toys Regulations, is the responsibility of local authority trading standards officers who have the necessary powers to take action if they believe a product to be unsafe. They can suspend unsafe products and can prosecute suppliers of unsafe products.
You should contact your local Trading Standards Department – see under ‘Enquiries’.
No. The name and address details are required to enable consumers or enforcement officers to contact companies. While an abbreviated address (e.g. name, postcode and city) is acceptable, a website would not because it may not be permanent.
See the meaning of the CE marking at Q3. Importers are responsible for the safety of the particular batch of toys they are importing. How they satisfy themselves that the toy is safe is a matter for them though we would advise that they should consider having them tested.
If the toy has been manufactured in accordance with the toys safety standards - and the standards cover all aspects relating to the toy – then it can be self-certified. In such cases, the toy may be submitted for testing but this is not mandatory under the Regulations.
Where the standards do not cover all aspects relating to the toy a sample must be submitted for EC type-examination by an Approved Body.
The toy safety standards are national standards which correspond to EU harmonised standards.
Further details of the standards are in the Department's guide.
A list of UK Approved Bodies is available on this Department's website. A list of Approved Bodies for toys in the Community can be found on the Commission’s Toy Sector website.
Hard copies are available from the Stationery Office (see useful addresses). They can also be viewed on the Stationery Office website.
There are seven standards in the BS EN 71 series of toy safety standards. There is also a standard covering the electrical safety of toys – BS EN 50088. The titles and reference numbers are in the Department's guide. Hard copies are available from BSI (see useful addresses) and some libraries have reference copies. A table of the standards is available on the Commission’s website.
We are awaiting a new proposal from the Commission in respect of the use of phthalates in toys but we have no indication as to when it might be issued. In the meantime, the temporary ban on the use of six phthalates, which was introduced in December 1999, is still in place. The temporary ban prohibited the use of six phthalates in toys and childcare articles intended to be placed in the mouth by children under three years of age.
You should contact your local Trading Standards Department: http://www.tradingstandards.gov.uk which is responsible for enforcing safety legislation within your area. You can find the address and telephone numbers of your local office under the above site by entering your local postcode. The address should also be listed in your local phone book.
The Stationery Office
PO Box 29
Norwich, NR3 1GNTel: 0870 600 5522 Fax: 0870 600 5533
Web: http://www.tso.co.ukBritish Standards Institution
389 Chiswick High Road
London, W4 4AL
Tel: 020 8996 9001 Fax: 020 8996 7001
Web: http://www.bsi-global.com or http://www.bsigroup.co.uk
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