Legislation
For toys, the key law is the Toy Safety Directive 2009/48/EC (also available in Chinese). This Directive outlines the essential safety requirements which apply to toys. The essential safety requirements cover both general risks and particular risks.
General risks – these relate to the health and safety of children, as well as other people such as parents or caregivers
Particular risks – these are physical and mechanical, flammability, chemical, electrical, hygiene and radioactivity risks
The Directive sets out what must be done to achieve the safety objectives.
Fortunately, there are many sources of information that can help. The toy safety page on the European Commission’s website provides a good starting point.
Manufacturers must always keep in mind that all their toys must comply with all the legal requirements of the EU. They need to familiarise themselves with all the laws which apply to their specific products, the following summarises some further key applicable laws:
- Low Voltage Directive – in addition to being a toy, a product may also be deemed an electrical product (for example – if the toy is supplied with a transformer) in which case the Low Voltage Directive which covers electrical products will also apply.
- REACH (Registration, Evaluation, Authorisation and Restriction of Chemicals) – restricts chemical substances in goods. REACH places responsibility on the industry to manage the risks from chemicals and to provide safety information on the substances. Manufacturers and importers are required to gather information on the properties of their chemical substances, which will allow their safe handling, and to register the information in a central database.
- CLP Regulation (Classification, labelling and packaging of substances and mixtures) – This Regulation requires manufacturers to classify, label and package their hazardous chemicals appropriately before placing them on the market.
- General Product Safety Directive (GPSD)– every product must be safe for the consumers, whether it is a toy or not, according to the General Product Safety Directive (GPSD) of the EU.
Toy standards
In addition to the Directive, there are also EU ‘harmonised standards’. These are technical standards, and manufacturers can use them to prove that their toys comply with the essential safety requirements set out in the Toy Safety Directive. A manufacturer must always make safe toys, however, it is up to the manufacturer to decide how to do that. From a practical point of view, it is nearly always simpler, but more importantly safer, to follow the detail set out in the harmonised standards. It is important to be aware that these standards describe only the minimum requirements.
It is important for manufacturers to understand the relevant toy safety standards which are EN71 and if they produce electrical toys, then EN62115 in addition.
EN71 is a comprehensive standard with 14 parts, although not all parts will be relevant to every product.
EN71 covers a wide range of generic areas such as mechanical and physical risks, flammability, and chemical risks. Some parts are very product specific. For example – Part 7 covers Finger Paints and Part 14 covers trampolines.
EN71-1 covers the following key areas –
- The general requirements chapter details the requirements for the commonly used components of toys, such as flexible plastic sheeting, glass, and expanding materials. It also covers issues for specific toy types.
- Another chapter is specifically for toys intended for children under 36 months. This age group is very vulnerable and therefore these toys have very strict safety requirements.
- There is also a chapter related to packaging. Because the packaging of toys may also be played with by children, leading to suffocation and other risks, this part of the standard specifies the thickness, size and means of closing of the packaging film.
- Another chapter concerns warnings, markings, and instructions for use. For more than 20 types of toys, this chapter specifies the contents of warning signs respectively.
- There is a chapter on specific test methods to allow manufacturers and test laboratories a clear approach to ensure toys are safe.
Further information on, and the list of harmonised standards for toys is available from the European Commission’s website.
Electrical toys
The demand for electrical toys is increasing, with manufacturers constantly developing new products for children to play with, ranging from sit on motorcycles to small handheld devices, and many others.
Standard EN IEC 62115:2020 with the amendment EN IEC 62115:2020/A11:2020 applies to electric toys, i.e. toys having at least one function dependant on electricity. Overall, this standard is very detailed, scientific and specifies exacting testing methods. It is, therefore, recommended that manufacturers acquire a good understanding of the requirements of this standard or consult with a testing laboratory for further support.
In addition, if the toy employs telecommunication (e.g. Bluetooth or Wi-Fi used for remote control), it should meet the requirements of the Radio Equipment Directive (2014/53/EU).
