Toy safety

Overview

The toy definition is important as it helps manufacturers to understand whether their products are classified as ‘toys’, as only products which fall within this definition of a ‘toy’ are subject to the requirements of the Toy Safety Directive. Other items which may look like toys or have similar characteristics must still be safe under the General Product Safety Directive.

Definition

A ‘toy’ is specifically defined as follows in the EU Toy Safety Directive:

‘Toys are products designed or intended, whether or not exclusively, for use in play by children under 14 years of age.’

There are specific key phrases in the definition which can help to decide what is and what is not a toy.

The words ‘whether or not exclusively’ in the definition indicate that the product does not have to be exclusively intended for playing purposes to be a toy. It can have other functions as well. This is also referred to as ‘dual use’. For example, a keyring with a teddy bear attached to it is considered as a toy, as is a toy plastic figurine with a pencil sharpener in its foot.

Other important words in this definition are ‘for use in play’ as opposed to play value. This is important as virtually everything has some play value for a child, but this does not make every object a toy per legal definition just because a child might choose to play with it.

Guidance

To help manufacturers and all those in the supply chain, the EU provides guidance to help clarify the legal definition of ‘what is a toy’?

Exemptions

The EU has created a specific list in the legislation. Some examples of products that are not considered toys are:

• Toy steam engines
• Decorative objects for festivals or celebrations
• Sports equipment
• Puzzles with more than 500 pieces
• Fireworks

These are, however, only examples and it is always important for business to go back to the legal definition of toys in the EU Toy Safety Directive.