Examining finger paint safety legislation and testing standards for the EU market

Although we now live in an electronic age, with flashing or auditory sensory toys being ever popular, it’s still hard to beat finger painting when it comes to stimulating brain development in young children through sensory play.  In fact, historians have discovered that young children were finger painting in caves as long as 13,000 years ago! 

Finger painting can help young minds understand concepts like primary colours, support sensory integration, improve motor skills and spark creativity and imagination. So, it’s not difficult to see why finger paints have such staying power. 

Due to their popularity and prevalence, there is a wide range of legislation and testing standards for selling finger paints in the European market to protect young users. Below, we’ve created an overview of these essential requirements and regulations for easy reference.   

Finger paint safety legislation in the EU 

For safety legislation purposes, finger paints are classed as aqueous semi-solid or liquid, coloured mixtures that are specially designed for children under three years old to apply by hand to suitable surfaces.  

As with most toys being sold in the EU market, the main legislation applicable to finger paints is the EU Toy Safety Directive (2009/48/EC).  

Finger paints also fall under the scope of regulations with end-users in mind, including, among others, Regulation (EC) No 1907/2006 (EU REACH), Directive 2001/95/EC General Product Safety Directive (GPSD) and Directive 2005/29/EC Unfair Commercial Practices or POP Recast Regulation (EU) 2019/1021 on Persistent Organic Pollutants, which relates to restricted chemicals. 

Alongside the safety legislation above, finger paints also fall under three regulations regarding packaging and labelling, with those being Directive 94/62/EC on Packaging and Packaging Waste, CLP Regulation (EC) No 1272/2008, as well as the voluntary Commission Decision 97/129/EC on the identification system for packaging materials. 

Finger paint safety testing in the EU 

To ensure compliance with the relevant EU safety regulations, finger paints must be compliant with the applicable legislation requirements, restrictions and standards.  

Chemically, finger paints for children are strictly regulated to ensure they are free from any toxic or hazardous chemicals. 

Finger paints are subject to the Substances of Very High Concern (SVHC) obligations under Regulation (EC) No 1907/2006 (EU REACH).  

In addition, some of the restricted chemicals concerning finger paints include, among others that may apply, Benzene (EU REACH Entry 5 - Annex XVII), Organotin compounds (EU REACH Entry 20 Annex XVII), Cadmium and its compounds (EU REACH Entry 23 Annex XVII), Polycyclic Aromatic Hydrocarbons (PAH) (EU REACH Entry 50 Annex XVII), Phthalates (EU REACH Entry 51 XVII and 52 Annex XVII), Dimethylfumarate (EU REACH Entry 61 Annex XVII) and Asbestos fibres- EU REACH Entry 6 Annex XVII.  

There are also a wide number of chemicals covered by the EU Toys Safety Directive and applicable to finger paints, which include, among others: 

• Toxicological Risk Assessment (TRA) 
• Microbial contamination and preservative effectiveness 
• TCEP 
• TCPP 
• TDCP 
• Bisphenol A 
• BIT (1,2-benzisothiazol-3(2H)-one) 
• CMIT/MIT Reaction mass of: 5-chloro-2- methyl-4-isothiazolin-3-one [EC no. 247-500-7] and 2-methyl-2H -isothiazol-3-one [EC no. 220-239-6] (3:1) 
• CMIT (5-Chloro-2-methyl-isothiazolin-3(2H)-one),  
• MIT (2-methylisothiazolin-3(2H)-one) 
• Phenol 
• Formaldehyde  
• Aniline  

Naturally, an EU toy testing discussion wouldn’t be complete without mention of the EN 71 series of Standards on Safety of Toys and finger paint testing is no exception. Of the 14 parts the Standard is comprised of, eight are applicable to finger paints, those being: 

• Part 1: Mechanical and physical properties (EN 71-1:2014 + A1:2018) 
• Part 2: Flammability (EN 71-2:2011 + A1:2014 and EN 71-2:2020)  
• Part 3: Migration of certain elements (EN 71-3:2019 and EN 71-3:2019+A1:2021)  
• Part 7: Finger paints - Requirements and test methods (EN 71-7:2014+A3:2020)  
• Part 9: Organic chemical compounds – Requirements (EN 71-9:2005+A1:2007) 
• Part 10: Organic chemical compounds - Sample preparation and extraction (EN 71-10:2005) 
• Part 11: Organic chemical compounds - Methods of analysis (EN 71-11:2005) 
• Part 12: N-nitrosamines and N-nitrosatable substances (EN 71-12:2016) 

Technical Compliance Files  

On top of the above, selling finger paints in the EU also requires compliance with Technical Compliance File content (TCF) as requested by regulations and standards. Namely, Regulation (EC) No 1907/2006 (EU REACH), CLP Regulation (EC) No 1272/2008 and Toy Safety Directive (2009/48/EC) and related standards. 

Marking and labelling requirements for finger paints 

Lastly, packaging and labelling on finger paints should provide consumers with essential information on the product safety and usage instructions and must be compliant with the marking and labelling requirements of the EU Toy Safety Directive (2009/48/EC), Commission Decision 97/129/EC on the identification system for packaging materials.), the Green Dot Symbol (Directive 94/62/EC on packaging and packaging waste), EN 71-1:2014 + A1:2018, EN 71-7:2014+A3:2020, and CLP Regulation (EC) No 1272/2008, as applicable.  

If you are unsure about any of the above requirements, don’t worry! The Eurofins Toys & Hardlines network of laboratories offers various toy testing services to ensure compliance, including risk assessment, marking/technical file review and product safety programme development. Find out more now.