Toys

• Toy legislation (e.g., EU Toy Safety Directive, CPSIA) is legally binding and sets out compliance requirements.
• Toy standards (e.g., EN 71, ISO 8124) provide technical guidelines to demonstrate compliance with legislation. ASTM F963 is a legally binding standard in the U.S.

Manufacturers must follow both legislation and applicable standards to ensure their products are safe and legally compliant.

Toy safety regulations vary significantly across global markets, with each region enforcing different safety standards, chemical restrictions, labelling requirements, and conformity assessment procedures. Below is a comparison of key regulatory frameworks in the European Union, United Kingdom, United States, Canada, and other regions.

• European Union
  • Regulation
    • EU Toy Safety Directive 2009/48/EC
  • Standards
    • EN 71 series + REACH (Regulation (EC) No 1907/2006)
  • Conformity Mark
    • CE Marking (Required)
  • Key Requirements
    • Covers mechanical, physical, flammability, chemical, and electrical hazards
    • Stricter chemical limits than other markets, including bans on endocrine disruptors and the requirement to comply with REACH restrictions (e.g., lead, cadmium, phthalates)
    • Market surveillance inspections are common to ensure compliance
      
      
• United Kingdom
  • Regulation
    • UK Toys (Safety) Regulations 2011 (as amended)
  • Standards
    • EN 71 series (aligned with the European Union but may diverge over time)
  • Conformity Mark
    • UKCA Marking (GB only) or CE Marking (Northern Ireland or permitted for toys sold in GB indefinitely)
  • Key Differences from the European Union:
    • The United Kingdom largely follows the EU Toy Safety Directive, but future changes may introduce different chemical limits and labelling rules
    • Northern Ireland follows European Union rules and still requires CE Marking
  • Labelling & Documentation
    • UKCA or CE Marking (depending on the region)
    • Declaration of Conformity (DoC) must list a United Kingdom-based Responsible Person
      
      
• United States
  • Regulation
    • Consumer Product Safety Improvement Act (CPSIA) & ASTM F963
  • Standards
    • ASTM F963 (Mandatory under CPSIA)
  • Conformity Mark
    • No single conformity mark, but CPC & GCC certificates are required
  • Key Differences from European Union/United Kingdom
    • ASTM F963 is a legal requirement for toy safety
    • Federal phthalate bans and strict heavy metal limits differ from EU REACH restrictions
    • Battery safety and button cell regulations are becoming stricter
    • Third-party testing by CPSC-accepted labs is required for children’s toys
  • Labelling & Documentation
    • Children’s Product Certificate (CPC)
    • Tracking labels are required on all children’s products, including manufacturer details and batch information
      
      
• Canada
  • Regulation
    • Canada Consumer Product Safety Act (CCPSA) – SOR/2011-17
  • Standards
    • SOR/2011-17 (Canada Toys Regulations)
  • Conformity Mark
    • No mandatory conformity mark
  • Key Differences from Other Markets:
    • Stricter small parts regulations than the United States or EU for children under three years old
    • Certain phthalates are banned (similar to the European Union)
    • Mandatory bilingual (English/French) warnings for all toys sold in Canada
    • Flammability standards differ from ASTM F963 and EN 71-2
  • Labelling & Documentation
  • Bilingual (English/French) safety warnings are required.
  • No specific conformity mark, but documentation proving compliance is required
    
    
• Other Major Markets
  

  Region	Regulation	Key Standards	Notable Differences
  China	China GB Standards	GB 6675 (General Toy Safety), GB 19865 (Electronic Toys), GB 5296.5 Labeling requirement - Toy	Mandatory CCC certification for some toys; stricter chemical testing
  Australia & New Zealand	Consumer Goods (Toys for Children) Safety Standard 2020	AS/NZS ISO 8124	Similar to ISO 8124, aligned with the European Union in many areas but has unique choking hazard rules
  Japan	Japan Food Sanitation Act & ST Mark Certification	ST Mark (voluntary)	Chemical restrictions differ from EU REACH
  South Korea	Korea Toy Safety Standard (KTR)	KC Marking required	Heavy metal and phthalate limits similar to the European Union

  
  
  
• Key Takeaways
  • European Union & United Kingdom: Stricter chemical safety, REACH compliance, and market surveillance.
  • United States: ASTM F963 is legally required. Certification (CPC) based on testing at a CPSC accepted third party lab is mandatory.
  • Canada: Unique phthalate bans. Bilingual labelling requirements is required.
  • China & Asia-Pacific: Local testing is often required. CCC certification is mandatory in China.

Age grading for toy safety testing is determined through a comprehensive evaluation of the toy's characteristics, developmental factors, and intended use.

In the European Union, age grading for toys is guided by the "Guidance document on toys intended for children under 36 months of age or of 36 months and over." This document offers non-binding guidelines to assist Member States and stakeholders in classifying toys appropriately for different age groups. It highlights the need for a careful assessment of toys, taking into account the developmental and safety needs of children in these age categories.

In the United States, the CPSC has established the "Age Determination Guidelines," which relate consumer product characteristics to the skills, play behaviours, and interests of children. These guidelines provide criteria for determining the appropriate age for toy usage, emphasising aspects such as children's cognitive development, physical abilities, and potential hazards like choking for younger children.

In the United Kingdom, they follow the European Union's compliance frameworks and relevant safety standards to ensure that toys are suitable for their intended age groups.

Additionally, ISO 8124–8 provides international guidelines on the determination of the lowest age at which children begin playing with different types of toys. It includes recommendations focused on understanding the development stages of children, thereby informing manufacturers and regulators on suitable age classifications for toys.

ASTM F963 (United States) and ISO 8124 (international) are two major toy safety standards. Both cover physical, mechanical, flammability, and chemical safety, but they differ in scope and regulatory requirements.

Key Differences Between ASTM F963 & ISO 8124:

For global sales, manufacturers should comply with both standards. Eurofins provides dual compliance testing for ASTM F963 and ISO 8124.

Toy testing timelines vary based on toy complexity, materials, and required tests.

Expedited testing services are available for urgent product launches. Eurofins offers fast-tracked compliance testing to meet tight deadlines.

*Other testing and product certification may be required for electrical/electronic products that may extend the time required. In particular where the product contains wireless data (WiFi, Bluetooth, NFC etc) or where Cybersecurity compliance is required.

Toys must be tested for harmful chemicals that could affect children’s health. Commonly restricted substances include:

Eurofins provides comprehensive toy chemical testing to ensure compliance with global safety regulations.

Small parts testing evaluates toys for children under 36 months of age for detachable components that could cause choking under foreseeable use conditions.

Testing Methods:

• Small Parts Cylinder Test – Simulates a child swallowing small objects
• Torque & Tension Tests – Checks if small parts can detach during play
• Age Grading Assessments – Ensures appropriate toy classification

Phthalates and heavy metals are strictly limited in toys to protect children from toxic exposure.

A toy safety risk assessment identifies potential hazards before a product reaches consumers. It includes:

• Material risk evaluation (e.g., sharp edges, flammability)
• Age-appropriate safety checks
• Chemical exposure risk analysis

Eurofins offers pre-market risk assessments to help brands eliminate safety issues early.

Ensuring your toy complies with safety regulations across different countries involves several key steps:

• Research local regulations: Familiarise yourself with the specific toy safety regulations applicable in each target country, for example, Directive 2009/48/EC (also known as Toy Safety Directive) in the European Union.
  
  This includes understanding standards such as ASTM F963 in the United States, EN 71 in the European Union, and other national regulations like ISO 8124-1 globally. Each region may have distinct safety requirements, certification processes, and labelling practices.
  
  Also be clear that applying a conformity mark, such as the CE mark, indicated that the product meets the essential requirements of all applicable Directives, Regulations and Legislation, some of which you may not be familiar with.
  
  
• Engage third-party testing labs: In many countries, proving your toy is safe requires conducting relevant safety testing in accredited third-party testing laboratories that are accepted by regulatory bodies in each country. For example, testing in a CPSC-accepted lab in the United States is crucial for ASTM F963 compliance. Similarly, ensure compliance with local standards in other countries by selecting labs recognised in those regions.
  
  
  
• Develop clear labelling and instructions: Ensure that packaging and labelling comply with local requirements, including safety warnings, age grading, and instructions. Different markets might have unique labelling regulations that must be accurately followed to avoid issues.
  
  
  
• Maintain the technical documentation: Preparing and maintaining toy technical documentation is required by law in some regions, for example, in the European Union. Toy manufacturers must keep the technical documentation and the EC declaration of conformity for 10 years after the toy has been placed on the market.
  
  Toy manufacturers are also required to keep the toy technical documentation updated, such as to reflect any changes to the toy and changes in applicable legislation or standards. Whenever a change is made, the history of the product must also be retained.

Testing requirements, regulations, and standards vary significantly across countries. To ensure accurate test results and minimise the risk of non-acceptance by regulatory authorities in a specific region, it is advisable to conduct tests in a reputable third-party laboratory.

The time it takes to complete the testing process can vary but generally ranges from a few weeks to over a month, depending on the complexity of the toy, materials, and required tests.

Expedited testing services are available for urgent product launches. Eurofins offers fast-tracked compliance testing to meet tight deadlines.

*Other testing and product certification may be required for electrical/electronic products that may extend the time required. In particular where the product contains wireless data (WiFi, Bluetooth, NFC etc) or where Cybersecurity compliance is required.

Labelling and warnings on toy packaging are crucial for ensuring consumer safety and abiding by regulatory requirements in different regions. Below is a summary of the requirements for the European Union, United Kingdom, United States, and China markets.

Yes, the basic concept is to include the local language in your targeted countries/regions. So, if you market your toys in different countries/regions that use different local languages, you are required to provide safety instructions or warnings in multiple languages.

The specific language requirements in the European Union, United Kingdom, United States, and China are as follows:

• European Union: The General Product Safety Regulation mandates that user instructions, warning labels, and safety information must be available in the language or languages that are easily understood by consumers in the Member States where the product is sold. This means that if you are selling your toy in multiple European Union countries, you need to include translations of safety instructions and warnings in the relevant official languages of those countries.
  
  
• United Kingdom: Products sold in Great Britain (England, Scotland, and Wales) must include instructions and warnings in English at a minimum.
  
  
• United States: There are no federal laws mandating the use of multiple languages. The expectation is that safety information must be effectively communicated to consumers, and at a minimum should be in English.
  
  
• Canada: The warning and safety instructions are required to be in both English and French.
  
  
• China: GB 5296.5 and GB 6675, national standards in China, require that labels must include instructions for use and safety warnings written in Simplified Chinese.

Here are some of the most common toy safety hazards manufacturers should be aware of:

• Choking Hazards
  • Toys with small components, such as beads or miniature action figures, pose a choking risk for children under three years old. They should either be designed to exceed the minimum size requirements for choking hazards or be clearly labelled for the appropriate age group.
    
    
  • Small toy parts that are not securely attached may detach during foreseeable use, creating a choking hazard if they are small enough to be swallowed.
    
    
• Sharp Edges and Points
  • Sharp Corners: Toys with sharp edges, points, or splinters can cause cuts and injuries, especially for younger children who may not be as careful during play.
  • Broken Pieces: Toys that can break and create sharp fragments pose risks unless designed to be durable or contain safety features.
    
    
• Strangulation Risks
  • Strings and Cords: Toys with long strings, cords, or straps can pose strangulation risks if a child becomes entangled. Manufacturers should limit the length of these features and ensure they are safe for the intended age group.
    
    
• Toxic Materials
  • Chemical Hazards: Toys made from materials containing harmful chemicals (such as lead, phthalates, or other hazardous substances) can pose health risks through ingestion or skin contact. Compliance with existing regulations like the United States Consumer Product Safety Improvement Act of 2008 (CPSIA) and European Union standards (such as EN 71) is crucial.
  • Flame Retardants: Certain flame retardants can be harmful to children, especially if they are sensitive or allergic. Using safe and regulated materials is necessary.
    
    
• Mechanical Hazards
  • Moving Parts: Toys with mechanical components (e.g., robots, cars) may pinch or trap fingers. Proper design and safety features must be used to minimise this risk.
  • Spring-Loaded Elements: Toys that use springs or other mechanisms need to be designed to prevent unexpected releases that could cause injury.
    
    
• Battery Hazards
  • Battery Compartment: Toys powered by batteries must have secure battery compartments to prevent children from accessing batteries, as ingestion can lead to serious injuries.
  • Overheating and Leakage: Rechargeable or regular batteries must be tested for safety to ensure they don’t overheat or leak harmful materials.
    
    
• Suffocation Hazards
  • Plastic Bags and Packaging: Toys that come with plastic wrapping or bags can pose a suffocation risk for young children. Manufacturers should ensure that packaging meets safety standards and provide warnings or instructions against misuse.
    
    
• Age Appropriateness
  • Misleading Age Labels: Toys should be appropriately labelled for their intended age groups based on developmental skills. Toys suitable for older children can pose dangers to younger ones if they contain small parts or complex mechanisms.
    
    
• Potential for Ingestion
  • Toy Accessories and Consumables: Ensure that small accessories are not ingestible and that any materials used in play (like paint or foam) are non-toxic.
    
    
• Electrical Hazards
  • Plugged-in Toys: For toys that require an electric connection, there must be clear insulation against electrical shocks or fires, and toys should be tested to prevent overheating. Where internal rechargeable batteries are used, additional information may be required to demonstrate compliance for both the products itself, the batteries contained and any parts supplied with the product, including cables and battery chargers.

Apart from more caution in design and material choosing perspective, rigorous laboratory testing plays a significant role in preventing such hazards. Here are the key testing items to mitigate these hazards:

• Choking Hazard
  • Small Parts Testing: Utilise standardised choking hazard testing protocols to assess toys for small parts. This involves placing toy components into a small parts cylinder to determine if any part can fit entirely, indicating a potential choking hazard.
  • Simulated Use Testing: Conduct tests that simulate real-life use and abuse scenarios, which can determine if small parts are likely to detach or break off during play. This includes mechanical stress testing to assess durability and strength.
  • Packaging Testing: Evaluate the packaging of toys to ensure that it does not include small components that could become a choking hazard, especially for children under three.
    
    
• Strangulation Hazard Testing
  • Cord and String Length Testing: Test toys with cords, strings, or straps for length restrictions according to regulatory standards. Generally, cords longer than a prescribed length (often around 12 inches) should be assessed for potential strangulation risks. Use existing standards like ANSI/ASABE S625 to assess the risk levels.
  • Structural Assessment: Perform tests on toys with components that could pose strangulation risks. This could include evaluating the design and manufacturing of features such as openings, loops, or potential entrapment points.
    
    
• Chemical Hazard Testing
  • Chemical Composition Analysis: Conduct comprehensive testing of materials used in toys to check for compliance with safety standards concerning hazardous substances. This testing should focus on detecting chemicals such as lead, phthalates, heavy metals, and toxic flame retardants. Tests must be conducted in accordance with CPSIA, EN 71, and similar regulations.
  • Surface Coating Analysis: For painted toys, ensure that coatings are tested for lead and other banned substances in accordance with regulations like 16 C.F.R. part 1303. This will help verify that the painted surfaces are safe for children.
  • Migration Testing: Perform migration tests to determine whether harmful substances can leach out of materials during typical use. This is particularly important for toys that may come into contact with children's mouths.
    
    
• Overall Safety Compliance Testing
  • Comprehensive Toy Safety Testing: Adopt a holistic approach to toy safety testing by incorporating various assessments such as mechanical safety, flammability, electrical safety (for battery-operated toys), and the presence of any choking or strangulation hazards. Standards like EN 71 and ASTM F963 cover multiple aspects, ensuring comprehensive compliance.
  • Other testing and product certification may be required for electrical/electronic products where the product contains wireless data (WiFi, Bluetooth, NFC etc) or where Cybersecurity compliance is required.

If a toy fails testing, manufacturers must:

• Identify and rectify non-compliance issues
• Re-test and verify improvements
• Communicate with regulators if required

For recalls, manufacturers must follow EU RAPEX (Safety Gate) procedures or United States CPSC recall guidelines.

Here are some key emerging hazards to be aware of:

• Chemical hazards
  • Newly Regulated Substances: As scientific research evolves, more chemicals are identified as harmful. For instance, substances like bisphenol A (BPA) and PFAS may face increased regulation, prompting manufacturers to reassess their material choices.
  • Nanomaterials: The use of nanotechnology in toys may pose unknown risks, as the properties of materials can change at the nanoscale. The long-term safety of nano-coatings or components is still under investigation.
  • Migration of Chemicals: Concerns regarding the migration of chemicals from toy surfaces into children's mouths or the environment are ongoing.
  • Recycled materials: The risk of lead, cadmium, and other restricted heavy metals re-emerging is particularly relevant for toys produced with recycled materials or sourced from regions with less stringent regulations.
    
    
• Mechanical hazards
  • Increased Complexity of Toys: The trend toward more complex toys, including those with electronic components, can create mechanical hazards such as sharp edges, small parts, and moving components that may present choking or injury risks.

• Cybersecurity risks
  • Connectivity Risks: The rise of smart toys that connect to the internet or use Bluetooth poses data privacy and cybersecurity threats. These toys may be vulnerable to hacking or data collection without parental consent.

• Environmental hazards
  • Single-Use Plastics: Concerns regarding environmental impacts have led to increased scrutiny of plastic use in toys, especially those marketed to younger children. Manufacturers may face pressure to use sustainable materials, which raises questions about the safety and reliability of alternatives.
  • E-Waste Concerns: For electronic toys, there are growing concerns related to electronic waste and the recyclability of components, impacting environmental safety and regulatory compliance.

Yes, all toys sold in the European Union must meet EN 71 standards and comply with chemical safety limits under REACH and the EU Toy Safety Directive. The specific tests required depend on the toy’s materials, design, and intended use.

Key Testing Requirements for the European Union Market:

• EN 71-1: Mechanical and physical properties
• EN 71-2: Flammability
• EN 71-3: Migration of certain elements (heavy metals)
• EN 71-4 to EN 71-14: Various toy categories (e.g., chemistry sets, trampolines)
• REACH (EC 1907/2006): Chemical compliance
• CE Marking & EU Declaration of Conformity (DoC): Required for market access

Toys with electronics, smart technology, or unique materials will require additional testing or evidence of compliance.

The European Commission's proposal to replace Directive 2009/48/EC with a new Toy Safety Regulation introduces several significant changes aimed at enhancing child safety and product compliance:

• Expanded Definition of Health and Safety: The regulation broadens the concept of health to include children's psychological and mental health, well-being, and cognitive development. This expansion ensures that toys do not adversely affect these aspects of a child's development.
  
  
• Stricter Chemical Safety Requirements: The proposal extends the ban on substances classified as carcinogenic, mutagenic, and toxic for reproduction (CMR) to include endocrine disruptors and chemicals toxic to specific organs or affecting the immune, neurological, or respiratory systems.
  
  
• Introduction of a Digital Product Passport: To improve traceability and market surveillance, the regulation mandates the provision of a digital product passport for each toy. This passport replaces the EU Declaration of Conformity and includes essential information such as a unique product identifier, manufacturer details, compliance with EU legislation, and a list of substances of concern. The passport will be accessible to market surveillance authorities, customs, and consumers for at least ten years after the toy is placed on the market.
  
  
• Enhanced Labelling and Contact Information: Manufacturers and importers are required to provide not only their name and postal address but also an email address on the toy, its packaging, or accompanying documents. They must also establish a publicly accessible communication channel, such as a telephone number or email address, to allow consumers to report safety concerns or incidents related to the toy.
  
  
• Alignment with the General Product Safety Regulation (GPSR): The new regulation aligns with the GPSR, which applies to all toys as of 13 December 2024. This alignment introduces stricter reporting obligations for economic operators, including the requirement to inform market surveillance authorities about accidents involving their products. Additionally, companies conducting product recalls must offer remedies such as free repairs or replacements, regardless of the product's age.

To manage the varying requirements for testing and marking of toys across different European Union member states, companies need to adopt a strategic approach to ensure compliance with the European Union regulations while avoiding the complexities of national differences. Here are the key steps to follow:

• Understand the Harmonised EU Regulations
  The proposed new EU Toy Safety Regulation (is going to replace the Toys Directive 2009/48/EC) provides a single regulatory framework for all member states. This regulation ensures that toys meet the same safety requirements regardless of where they are sold in the European Union.
  
  The main requirements include health and safety standards, chemical safety, and labelling rules (e.g., CE marking, and warning symbols). CE marking is mandatory for all toys sold in the European Union, showing conformity with European Union regulations.
  
  There should not be significant differences in the basic requirements for testing, as the regulation is uniform across the European Union. However, national authorities may implement additional surveillance or market requirements that can vary.
  
  

• Follow Common Testing and Certification Requirements
  • Third-Party Testing: Toys must be tested in accordance with harmonised European standards (such as EN 71) for safety. Testing is often done by Notified Bodies (third-party labs recognised by European Union member states), which certify that products comply with the applicable regulations.
  • Product Documentation: Manufacturers must compile a technical file that includes evidence of testing (e.g., test reports from accredited labs), risk assessments, and compliance certificates.
  • Digital Product Passports: The new regulations propose a digital product passport to standardise compliance documentation and improve traceability across the European Union.
    
    

• Ensure CE Marking
  The CE marking is the key mark for all toys sold in the European Union and demonstrates that the toy complies with European Union regulations.
  
  The CE mark should be placed visibly, legibly, and indelibly on the toy or its packaging.
  
  It should be accompanied by the name of the manufacturer, the model or type of the toy, and where possible, contact details for tracing.
  
  

• Prepare for National-Specific Market Surveillance and Reporting
  While testing and CE marking requirements are consistent across the European Union, market surveillance and reporting obligations can vary slightly depending on national authorities.
  
  For example, each European Union country has its own market surveillance authority, which monitors toys' compliance with the regulations.
  
  Some countries may have stricter or additional reporting requirements (e.g., safety incident reports, and specific recall procedures).
  
  Align with the General Product Safety Regulation (GPSR), which requires that you report safety risks or incidents to authorities in any member state.

• Digital Product Passports and Traceability
  Under the digital product passport system (proposed in the new regulation), you will have to provide details about the toy, such as chemical safety data, manufacturer contact info, and compliance information. This can help manage variations in national requirements more effectively and provide authorities across the European Union with easy access to compliance data.
  
  
• National Variations in Language and Labelling
  While the CE marking is uniform across the European Union, you may encounter language requirements specific to the country where the toy is sold. Labels, safety warnings, and instructions for use may need to be provided in the official language(s) of each member state.
  
  Besides providing the manufacturer’s name and address, some countries might require an email or phone number for easy consumer access. These are typically standardised, but some countries may specify additional contact options.
  
  

• Stay Updated on National Guidelines: Regularly check for updates from national authorities, especially when launching new toys in the market. For instance, some countries might have specific requirements related to storage conditions, packaging, or advertising that go beyond the standard European Union regulations.
  
  Membership in industry groups (like the European Toy Association) can provide insights and updates on regulatory changes at both the European Union and national levels.
  
  

• Leverage Market Surveillance Authorities for Guidance: Market surveillance authorities in each country oversee the enforcement of toy safety. In case of doubts about national requirements, it's wise to consult them directly to clarify compliance issues. These authorities may provide guidance on local variations or supplementary rules.
  
  

Key Takeaways:

• Uniform European Union rules: Test according to harmonised standards, CE mark your product, and ensure it complies with EU Toy Safety Regulation.
• Language and labelling: Adapt to language-specific labelling and warnings for each country.
• Digital passports and traceability: Use digital tools like product passports to provide comprehensive and transparent product data.
• Market surveillance: Stay informed about national market surveillance practices and additional national reporting obligations.

By following the core European Union guidelines and maintaining awareness of local requirements, you can effectively manage testing and marking requirements for different European Union member states.

The new EN 71-15 to EN 71-19 standards are expected to come into force in the coming years. Not all toys require testing to every EN 71 standard, but manufacturers must ensure compliance with the relevant parts based on the toy type.

Upcoming EN 71 standards to watch:

• EN 71-15: Sound level requirements
• EN 71-16: Magnet safety
• EN 71-17: Chemical safety updates
• EN 71-18: Age grading guidelines
• EN 71-19: Advanced flammability

Eurofins stays ahead of regulatory changes to ensure manufacturers remain compliant with evolving standards.

To sell toys in the European Union, manufacturers must comply with the Toy Safety Directive 2009/48/EC and affix the CE marking to indicate compliance. Below are the key documentation and labelling requirements:

• Documentation Requirements

1. 1. Technical Documentation (Technical File)
      Manufacturers must compile a Technical File, which includes:
      • Product description: A detailed overview of the toy, including intended use
      • Bill of materials (BOM): List of all materials and components used
      • Design and safety assessments: Risk analysis and compliance with relevant standards (e.g., EN 71, EMC Directive 2014/30/EU, RoHS Directive 2011/65/EU)
      • Test reports: Results from accredited laboratories proving compliance with mechanical, physical, chemical, flammability, and electrical safety standards
      • Manufacturing process details: Production control measures ensuring consistency
      • EC Declaration of Conformity (DoC): A legally required statement by the manufacturer affirming compliance with European Union regulations
      • Retention Period: The Technical File must be kept for at least 10 years after the toy is placed on the market
        
        

1. 2. Labelling Requirements

1. 1. • CE Marking

• • • • Mandatory for all toys sold in the European Union
      • Must be visible, legible, and indelible
      • Must be at least 5mm in height
    • Manufacturer and Importer Information

• • • • Manufacturer’s name, registered trade name, and address must be on the toy or packaging
      • European Union importer’s name and contact details if the manufacturer is outside the European Union

• • • Warnings and Safety Instructions

• • • • Age restrictions (e.g., "Not suitable for children under 36 months" + choking hazard symbol if necessary)
      • Specific safety precautions (e.g., "Use under adult supervision" for ride-on toys)
      • Warnings must be in the official language(s) of the European Union country where the toy is sold
        
        

• • • Traceability Codes
      • Batch number, model number, or serial number for identification
      • Must be present on the toy, packaging, or accompanying documentation
        
        
    • Additional labelling for Specific Toys

• • • • Electrical Toys: Compliance with Low Voltage Directive (LVD) 2014/35/EU and EMC Directive 2014/30/EU (and Radio Equipment Directive 2014/53/EU where applicable)
      • Chemical Toys (e.g., slime, paints): Compliance with REACH Regulation (EC) No 1907/2006
      • Ride-on Toys: Weight and usage limitations
      • Who Needs to Comply?
      • Manufacturers: Responsible for CE marking, Technical File, and Declaration of Conformity
      • Importers: Must verify that non-European Union manufacturers comply with European Union toy safety regulations
      • Retailers: Must ensure products carry proper labelling and documentation

The necessity for an EC-Type Examination depends on various factors, including the type of toy and its associated risks.

If there are no harmonised standards that cover the toy’s relevant safety requirements, third-party certification through an EC-Type Examination is required.

If the harmonised standards exist but the manufacturer has not applied them, or when significant design changes are made to the toy, a third-party assessment is necessary.

Additionally, if the manufacturer believes the toy's nature, design, or intended use requires external validation, they may choose to undergo an EC-Type Examination.

For toys that present higher risks, such as those involving electronic components, small parts, sharp edges, or specific hazardous materials, an EC-Type Examination is generally mandatory to ensure thorough compliance with safety standards.

The manufacturer shall request from the Notified Body the review of the validity of the EC type- examination certificate every five years.

The Digital Product Passport (DPP) is a new European Union requirement under the Ecodesign for Sustainable Products Regulation (ESPR). It digitally stores product compliance data, allowing consumers, retailers, and regulators to verify:

• Material composition
• Sustainability credentials
• Traceability & supply chain transparency

Manufacturers must prepare QR code-linked digital records to comply with upcoming European Union toy safety and sustainability regulations.

The Ecodesign for Sustainable Products Regulation (ESPR), which entered into force on 18 July 2024, introduces several new requirements aimed at enhancing the sustainability of products sold in the European Union.

Key Implications for the toy industry under ESPR include:

• Sustainability Requirements
  • Durability and Longevity: The regulation may mandate that toys are designed to be more durable and long-lasting, reducing the need for frequent replacements and minimising waste.
  • Repairability: Manufacturers could be required to design toys that are easier to repair, allowing consumers to replace parts rather than dispose of the entire toy.
    
    
• Material Use and Recyclability
  • Use of Recycled Materials: The ESPR may encourage or require toy manufacturers to incorporate recycled materials into their products. This aligns with circular economy principles and aims to reduce resource consumption.
  • Recyclability: Toys will likely have to be designed for better recyclability, ensuring that materials can be efficiently processed at the end of the product’s life cycle. This may involve avoiding composite materials that are difficult to recycle.
    
    
• Digital Product Passport (DPP)
  • Product Information Transparency: The DPP will require toy manufacturers to provide detailed information about their products, including material composition, instructions for recycling, and information regarding the presence of hazardous substances. This transparency is essential for consumers seeking sustainable options.
  • Consumer Education: The DPP can serve educational purposes, informing consumers about the environmental impacts of toys and promoting responsible disposal and recycling practices.
    
    
• Substances of Concern
  • Compliance with Safety Standards: Toys will still need to comply with existing safety regulations, but the ESPR will require additional information regarding substances of concern. There may be limits on the use of harmful chemicals and materials in toy production to protect children and the environment.
    
    
• Focus on Circular Economy
  • Design for Circularity: Toy manufacturers might be encouraged to design toys that can be reused, refurbished, or recycled. This could include take-back schemes or rental models that promote the reuse of toys rather than single-use, disposable products.
  • Product Life Cycle Assessment: Companies may need to conduct life cycle assessments to demonstrate the environmental performance of their toys, including sourcing, production, usage, and end-of-life disposal.
    
    
• Information and labelling
  • Extended labelling Requirements: Toys might require clear labelling about sustainability features, such as the use of recycled content or eco-friendly materials, to guide consumers in making informed choices.
  • Environmental and Instructional Information: labelling may need to include information on how to properly maintain, repair, and recycle the toy, thereby fostering a culture of sustainability among consumers.

It is mandatory for ASTM F963 testing to be conducted in a CPSC-accepted laboratory for toys sold in the United States. The Consumer Product Safety Commission (CPSC) requires that any children’s product, including a toy intended for children be tested for compliance, by an independent third-party lab that is recognised and accepted by the CPSC.

The current post-Brexit rules allow toys placed on the market in Great Britain to carry either the CE mark or the UKCA mark to show conformity to the legislation.  All toys must still have an organisation based in the United Kingdom to be responsible for them and have a United Kingdom postal address even if CE marked. 

CE marking remains the only conformity symbol for toys in the European Union.

If the requirements for the EU and GB markets diverge, for example, if the EU harmonised standards and the UK designated standards are not the same, it may no longer be possible to use a CE mark for the GB market.

In addition to the requirements set down in Directives such as the EU Toy Safety Regulation, products placed on to the EU market, or the GB market using a CE mark, must comply with all other relevant CE marking Directives.

For a toy that contains electrical or electronic parts or components, these include (but are not limited to) the EMC Directive 2014/30/EU, Low Voltage Directive 2014/35/EU and the RoHS Directive 2011/65/EU.

If a product contains a way to transmit data wirelessly, such as WiFi or Bluetooth, it will also need to meet the requirements of the Radio Equipment Directive 2014/53/EU.

There may also be additional CE marking Directives as well as other non-CE marking Directives or requirements that need to be met, such as Cybersecurity and REACH.

Placing a CE mark onto a product that contains electrical or electronic components indicates that the product meets the essential requirements of all applicable legislation.

Using a UKCA mark to demonstrate conformity for the GB market shows that the product meets the essential requirements of the corresponding UK Legislation. For markets outside of the EU/UK, other legislative requirements are in place.

A toy must meet the essential requirements of the relevant Directive, Legislation or Regulations. To do this testing is typically required. The standards against which a product must be tested will vary depending on the nature of the product.

For example, a toy that includes wireless technology such as WiFi or Bluetooth would come under the scope of the Radio Equipment Directive and would need to be tested to an appropriate standard, such as EN 301 489.

Including wireless technology will also impact on how the product should be tested for electrical safety.

Electromagnetic Compatibility (EMC) testing ensures that electronic toys operate safely without causing or being affected by electromagnetic interference (EMI). This is crucial for compliance with regulatory frameworks in different markets.

Electronic toys contain circuits that can emit or be affected by electromagnetic disturbances, potentially leading to:

• It is a legal requirement under many market access regulatory frameworks, such as CE, UKCA and FCC
• Interference with other devices (e.g., TVs, radios, medical equipment)
• Malfunctions due to external electromagnetic fields
• Compliance failures preventing market access