All toys which are sold within the EEA and UK must comply with the legal requirements laid out in the Toy Safety Directive 2009 48 EC. The CE mark can be legitimately affixed and will ensure that all toys are safe.

If you would like assistance with the Toy Safety Directive, please get in touch

What is the Toy Safety Directive?

The EU Toy Safety Directive was published in June 2009, and the previous version of the Directive (88/368/EEC) was repealed in July 2011. It is intended to ensure that all toys sold within the EU meet a common standard.

This means that the same safety requirements are applied across the European Union to reduce the risks and hazards posed to children. The essential safety requirements cover the general risks to children, in particular physical and mechanical, flammability, chemical, electrical, hygiene and radioactivity.

The Toy Safety Directive can also be referred to as the EU Toy Directive or Directive 2009 48 EC.

What does the EU Toy Safety Directive include?

The Toy Safety Directive includes a list of the safety criteria for the toys that is covers. These are concerned with issues such as labelling to provide traceability to the manufacturer, safety warnings, the construction of the toys to avoid hazards such as sharp edges, hot parts, risks of entrapment etc., and the avoidance of toxic substances such as heavy metals, harmful chemicals and allergenic fragrances.

In order to determine whether the ESRs of the TSD have been met, the requirements of harmonised European standards should be applied by manufacturers and importers. These provide more specific guidance on the application of the ESRs in any particular case, and form the basis of any tests that are used to demonstrate compliance with the Directive.

What is the legislation in the UK?

For UKCA marking, the equivalent is the Toys (Safety) Regulation 2011 No. 1881. These Regulations are the implementation of the TSD into UK law, as was required at the time. They have been amended by the Brexit legislation, but the safety requirements remain largely unchanged at the time of writing. This is because very few amendments have been made to the TSD since exit day that would affect the safety of toys.

What products are covered?

Toys are defined in the Directive as: “Products designed or intended, whether or not exclusively, for use in play by children under 14 years of age”.

This includes:

  • Activity toys
  • Functional toys
  • Chemical toys
  • Skates, skateboards, scooters, and toy bicycles for children
  • Aquatic toys
  • Toys in food
  • Imitation masks and helmets

It should also be noted that the EU has published guidance documents for the safety of toys for specific functions, including:

  • Toys for use in and on the water
  • Toy musical instruments
  • Soother holders
  • Puffer balls
  • Disguise costumes
  • Crafts
  • Sports equipment

Certain products are not included within the Directive, this includes equipment intended for public use playgrounds, and public use automotive playing machines. The Directive does not cover toy vehicles to contain combustion engines, toy steam engines, catapults or slings. In addition, Annex I to the Directive lists the following products and categories which are not considered to be toys:

  • Collectors products (e.g., scale models, folk dolls, historical replicas of toys).
  • Sports equipment meant for children with a body mass over 20 kilograms.
  • Puzzles containing over 500 pieces.
  • Soothers for babies.
  • Luminaries that appeal to children.
  • Children’s fashion accessories that are not for use in play.

Get in touch today

Navigating the Toy Safety Directive can be tricky, and so making sure that your product meets all the necessary requirements in order for it to earn a CE mark and go on sale in the EU can be a complicated process. We have experts on hand to ensure that your product is both safe and legal. Call us on 01298873837 or via email info@ARenquiries.com, alternatively you can fill out our form over on our contact page.

Our Scope of Service

Along with the Toy Safety directive, we also serve the following directives:

How AR Service will support you?

Authorised Representative Service will act as your responsible economic operator and carry out the following obligations for you:

  • We will verify that your EU Declaration of Conformity (or Incorporation, Performance, etc.) and technical documentation has been drawn up correctly.
  • We will keep these documents at the disposal of market surveillance authorities for the period required by that legislation and ensure that the technical documentation can be made available to those authorities upon request.
  • Upon request from a market surveillance authority, we will ensure that the technical documentation can be made available to them in order to demonstrate the conformity of the product.
  • If we have reason to believe that a product presents a risk, we will highlight this information to the necessary parties.
  • If a risk is identified, we will liaise with you and support you in taking immediate, necessary, corrective action to remedy any noncompliance causing the risk.
  • As your Authorised Representative, we will provide you with our name and contact details, for you to place on the product, it’s packaging or accompanying documentation.
View Our Frequently Asked Questions
Address

Address

Registered address on your product label

Expertise

Experts

Management and coordination

Compliance

Compliance

Declaration of conformity