EU requirements: Directive 2009/48/EC on the safety of toys (the “Toy Safety Directive”) contains the rules on the supply and sale of toy products in the EU. It sets out a number of important requirements on toy safety, labelling, warnings and administrative obligations.
It is your responsibility to comply with the Toy Safety Directive and the national laws and regulations in in EU Member States that implement the Toy Safety Directive.
Please see below for further information about EU requirements.
UK requirements: The UK’s Toys (Safety) Regulations 2011/1881 (the “Toy Safety Regulations”) contain the rules on the supply and sale of toy products in the UK. The Toy Safety Regulations set out a number of important requirements on toy safety, labelling, warnings and administrative obligations. Different rules apply to goods you sell in: (1) Great Britain (England, Scotland and Wales); and (2) Northern Ireland.
It is your responsibility to comply with the Toy Safety Regulations if you supply or sell toys in the UK. If you also sell toys on Amazon EU website(s), then you must also comply with the Toy Safety Directive and the implementing national laws and regulations in EU Member States.
Please see below for further information about UK Requirements.
This material is for informational purposes only. It is not intended as legal advice. We encourage you to consult your legal counsel if you have questions about the laws and regulations concerning your product. This material only reflects the position at the date of writing and requirements in the EU and the UK may change. You should refer to current UK Brexit guidance about your products (see below) to learn more about changes that may affect you from January 1, 2021.
The Toy Safety Directive sets out obligations for manufacturers, authorized representatives, importers, and distributors of toys.
The Toy Safety Directive applies to all toys. Toys are products designed or intended for use in play by children under the age of 14. The product does not have to be intended exclusively for “play”, it could have other functions as well, e.g. a key ring with a teddy bear attached to it or a soft, filled, animal shaped backpack. Any product designed with a potential play function, being attractive to or advertised for children could be considered a toy in scope of the directive.
There are a number of product types that are excluded from the scope of the Toy Safety Directive. A full list of excluded products is contained in Article 2 and Annex I of the Toy Safety Directive. This includes, by way of example, puzzles with more than 500 pieces, sports equipment such as roller skates intended for children with a body mass above 20kg, baby soothers, toy steam engines, and slings/catapults.
Safety
Manufacturers are responsible for ensuring that a toy undergoes a safety assessment and conformity assessment procedure. This can be done either by (i) self-verification by using the European harmonized standards or by (ii) third party verification through a notified body. A list of European harmonized standards can be found here: https://ec.europa.eu/growth/single-market/european-standards/harmonised-standards/toys.
A toy must comply with the essential safety requirements listed in Annex II of the Toy Safety Directive, which are both general (e.g. health and safety of children and others such as parents/caregivers) and specific (e.g. relating to physical, chemical and mechanical risks, flammability etc.), before they can be sold in the EU. Toys, including chemicals they contain, must not jeopardize the health and safety of people when they are used in a foreseeable way.
There are specific requirements for toys intended to be used by children under the age of 36 months or by other specified age groups, e.g. toys for use by children under the age of 36 months must not contain small parts or certain chemicals.
Documentation, markings, and warnings
Manufacturers are responsible for ensuring that toys display the CE-mark, have an EU Declaration of Conformity (DoC) and include instructions, safety language, and warnings in the official language of the Member States the toys are being sold in. Where a warning will determine the decision to purchase the toy (e.g. minimum or maximum age for users), this must be placed on the consumer packaging or otherwise be clearly visible to the consumer before purchase. Manufacturers are also required to maintain a technical file.
The toy must bear a type, batch, serial or model number, or other element allowing its identification. It must also bear the name and an EU address for the manufacturer and importer. An importer is also responsible for checking the toy bears the manufacturer’s details. If it is not possible to have this information on the toy, it can be placed on the packaging or an accompanying document.
Importers must keep a copy of the declaration of conformity and ensure the manufacturer has carried out the appropriate conformity assessment, affixed the CE mark, and drawn up the required technical documentation. Importers must also ensure that the toy is accompanied by instructions and safety information, and bears the required warnings.
Distributors have to act with due care to ensure a product complies with the Toy Safety Directive, which may include verifying that the CE marking is affixed to the toy (or on its packaging or affixed label), the toy bears the manufacturer’s identification for traceability (e.g. batch or serial number), and that the toy is accompanied by instructions and safety information.
Product listings
Toy products may require specific warnings to be listed on the product detail page. It is your responsibility to provide us with accurate and complete product information, including applicable warning messages.
If you have reason to believe that a toy you have manufactured or sold does not comply with the Toy Safety Directive, you must take the necessary corrective measures to bring the toy into conformity immediately, or withdraw/recall the toy. If you believe the toy presents a risk, you must immediately inform the relevant competent authority.
If a competent authority provides you with a reasoned request for information, you must provide them with the information and documentation necessary to demonstrate the conformity of the toy, and cooperate with any action taken to eliminate risks posed by the toy.
We encourage you to visit the following sites for more information on the Toy Safety Directive:
The Toy Safety Regulations apply to all products sold in the UK, but the provisions apply differently to Great Britain (England, Scotland and Wales, “GB”) and Northern Ireland. You can read more about the position in Northern Ireland (“NI”) below.
The Toy Safety Regulations set out obligations for manufacturers, authorized representatives, importers and distributors of toys.
The Toy Safety Regulations apply to all toys. Toys are products designed or intended for use in play by children under the age of 14. The product does not have to be intended exclusively for “play”, it could have other functions as well e.g. a key ring with a teddy bear attached to it or a soft filled animal shaped backpack. Any product designed with a potential play function, being attractive to or advertised for children could be considered a toy in scope of the Toy Safety Regulations.
There are a number of product types that are excluded from the scope of the Toy Safety Regulations. A full list of excluded products is contained in Regulation 4 and Schedule 1 of the Toy Safety Regulations. This includes, by way of example, puzzles with more than 500 pieces, sports equipment such as roller skates intended for children with a body mass of above 20kg, baby soothers, toy steam engines and slings/catapults.
Safety
Manufacturers are responsible for ensuring that a toy undergoes a safety assessment and conformity assessment procedure. This can be done either by (i) self-verification by using the designated standards or by (ii) third party verification through a notified body.
A toy must comply with the essential safety requirements listed in Schedule 6 of the Toy Safety Regulations, which are both general (e.g. health and safety of children and others such as parents/caregivers) and specific (e.g. relating to physical, chemical and mechanical risks, flammability etc.), before they can be sold in the UK. Toys, including chemicals they contain, must not jeopardize the health and safety of people when they are used in a foreseeable way.
There are specific requirements for toys intended to be used by children under the age of 36 months or by other specified age groups, e.g. toys for use by children under the age of 36 months must not contain small parts or certain chemicals.
Documentation, markings and warnings
Manufacturers are responsible for ensuring that toys have the relevant conformity marking and have a declaration of conformity.
The relevant conformity marking is as follows:
In addition, manufacturers are responsible for ensuring that toys are accompanied by instructions, safety information and warnings in English. Where a warning will determine the decision to purchase the toy (e.g. minimum or maximum age for users) this must be placed on the consumer packaging or otherwise be clearly visible to the consumer before purchase. Manufacturers are also required to maintain a technical file.
The toy must bear a type, batch, serial or model number or other element allowing its identification. It must also bear the name and an address for the manufacturer and importer (an EU address, if sold prior to 31 December 2020 and a UK address thereafter). An importer is also responsible for checking the toy bears the manufacturer’s details. If it is not possible to have this information on the toy, it can be placed on the packaging or an accompanying document. The UK Government has released guidance on alternative means of providing GB importer traceability information until December 31, 2022. See the 'BREXIT: UK Government Guidance' section below for links to this guidance.
Importers must keep a copy of the declaration of conformity and ensure the manufacturer has carried out the appropriate conformity assessment, affixed the relevant conformity marking, and drawn up the required technical documentation. Importers must also ensure that the toy is accompanied by instructions and safety information and bears the required warnings.
Distributors have to act with due care to ensure a product complies with the Toy Safety Regulations, which may include verifying that the relevant conformity marking is affixed to the toy (or on its packaging or affixed label), the toy bears the manufacturer’s identification for traceability (e.g. batch or serial number), and that the toy is accompanied by instructions and safety information.
Product listings
Toys may require specific warnings to be listed on the product detail page. It is your responsibility to provide us with accurate and complete product information, including applicable warning messages.
If you have reason to believe that a toy you have manufactured or sold does not comply with the Toy Safety Regulations, you must take the necessary corrective measures to bring the toy into conformity immediately, or withdraw/recall the toy. If you believe the toy presents a risk, you must immediately inform Trading Standards.
If Trading Standards provides you with a reasoned request for information, you must provide them with the information and documentation necessary to demonstrate the conformity of the toy and cooperate with any action taken to eliminate risks posed by the toy.Please note that different rules apply in NI from 1 January 2021 as a result of the Northern Ireland Protocol. In particular:
The UK Government has released guidance on selling products in GB and NI from January 1, 2021. This guidance provides information for manufacturers, importers and distributors regarding compliance requirements from January 1, 2021, including on:
We encourage you to review this guidance (linked below), alongside any other specific UK Government Guidance that applies to your product. You should consult your legal counsel if you have questions about how the laws and regulations apply to your products from January 1, 2021.
The Brexit guidance can be found here:
GB:
NI:
We strongly encourage you to review the UK Government’s guidance on the Toy Safety Regulations:
https://www.gov.uk/guidance/toy-manufacturers-and-their-responsibilitiesWe also encourage you to visit the UK’s Business Companion website, which contains guidance on UK product compliance rules:
https://www.businesscompanion.info/en/get-startedhttps://www.businesscompanion.info/en/quick-guides/product-safety/toyInformation is also available on the British Toy & Hobby Association’s website:
https://www.btha.co.uk/guidance/toy-safety/