How to conduct toy safety assessment

Joy and fun should be the only by-products when playing with toys. What should be a happy occasion shouldn’t result in injuries to children. With that thought in mind, there are standards in place worldwide to mitigate risks and hazards from toys. In this article, we will explore how to conduct a toy safety assessment under European Directive 2009/48/EC (also known as the Toy Safety Directive).

What is a toy safety assessment?

Before we discuss the details of a toy safety assessment, we first need a clear definition of what a toy is.

According to the Toy Safety Directive, a toy is defined as ‘any product or material designed or intended whether or not exclusively for use in play by children under 14 years of age”.

Products that match the definition are required to undergo a safety assessment and comply with the associated regulations.

A toy safety assessment requires toy manufacturers to carry out an analysis of the chemical, physical, mechanical, electrical, flammability, hygiene and radioactivity hazards that the toy may present, as well as an assessment of the potential exposure to such hazards before placing a toy on the market. The safety assessment must be kept by the manufacturer in the technical documentation for ten years after the toy has been placed on the market.

How to conduct a toy safety assessment?

There is no standard format of a toy safety assessment set by the Toy Safety Directive. However, here are some suggested steps:

1. 1. Obtain product and user characteristics
   Collect product details and user characteristics such as intended design and function, Bill of Materials (BoM), intended and likely play patterns, markets of sale, Bill of Substances (BoS) and play environment.
   
   
2. 2. Identify applicable legislation/standards
   It is likely that most of the potential risks posed by your toy products can be addressed by the existing Toy Safety Directives, standards (such as EN-71), or other legislation. Identify which of these apply to the toy products to address potential hazards.
   
   
3. 3. Assess any hazards not covered by applicable legislation/safety standards
   Some potential hazards cannot be addressed in step 2 as they are uncommon for a toy product, such as unusual play patterns and play environment, use of innovative materials, and atypical age grading.
   
   
4. 4. Assess if the remaining hazards are addressed elsewhere
   Identify any other standards, EU guidance or industry codes of practice which are available to manage those hazards in step 3.
   
   
5. 5. Evaluate the risk of any remaining hazards
   If there is no standard, guidance or code of practice that addresses the remaining hazards after step 4, these hazards should be risk assessed. For example, a Toxicological Risk Assessment should be conducted to fully manage the chemical risks not covered in EN71-3.
   
   
6. 6. Reduce and manage these hazards
   Some potential hazards may be inherent to the product and can never be fully removed, such as the potential to fall from climbing frames. Actions should be taken to reduce risks, such as issuing advice to consumers concerning hazards and precautions, changing the design or production controls.
   
   
7. 7. EC-type approval
   Receive EC-type approval from approved Notified Bodies if there are risks that cannot be effectively managed or there is still doubt about the risk presented by the toy.

What are the difficulties in conducting a toy safety assessment?

Conducting a toy safety assessment requires comprehensive knowledge of the safety standards and the ability to evaluate the potential hazards of toy products. Furthermore, the Toy Safety Directive does not lay out a standard format of a toy safety assessment so toy manufacturers may find it difficult when drafting the assessment.

Toy manufacturers may need to look for a third-party expert for consultation.

What are the consequences of failing to conduct a toy safety assessment?

Toy manufacturers are obligated to conduct toy safety assessment and document it within the Toy Technical Documentation which is also a mandatory requirement when placing toy products on the EU market.

Failing to conduct a toy safety assessment means failure to comply with the requirements of the toy technical documentation. Possible consequences include product recall and restriction or prohibition of the toys from being made available on the market.

The market surveillance authority may also require the toy manufacturer to have further product examinations performed by a notified body at their own expense within a specified period.

How the Eurofins Toys & Hardlines network of laboratories can help?

Despite the fact that many of the requirement of the toy safety assessment are included in the harmonised toy safety standards, toy manufacturers remain obligated to assess whether there are any gaps in the standard or features in the toy that could present a potential hazard.

Our toy laboratory in France is an EU Notified Body for CE marking of toys (NB no. 2817), and our UK laboratory is a UK Approved Body for UKCA marking of toys (AB No. 0355). Our experts are highly experienced in supporting customers in the risk assessment for different types of toys and determining the risk considering all hazards.

For more details, please click here to learn more about our Toy Safety Assessment Service.