Understanding the UKCA marking when selling toys on the GB market

Since 1 January 2021, the UKCA (UK Conformity Assessed) marking has been a mandatory certification for products being placed on the market in Great Britain (England, Wales and Scotland).  

UKCA marking indicates that the product meets the UKCA Marking requirements and is defined in Regulation on Accreditation and Market Surveillance No 765/2008 (“RAMS”) which became incorporated into GB law by the EU (Withdrawal) Act 2018. 

We answer your commonly asked questions on what it means when selling toys in Great Britain (GB). 

When do I use the UKCA marking? 

UKCA marking must be used for all toys for the GB market that previously required the CE mark and those which require a mandatory third-party conformity assessment under the Toy (Safety) Regulations 2011: Great Britain. It requires toy manufacturers to show that their products adhere to the ‘essential safety requirements’. 

This excludes existing toy stocks which were previously CE marked prior to 1 January 2021. In this case, these toys can still be sold in Great Britain with a certificate of conformity issued by a UK body before 1 January 2021 up until 31 December 2022. 

Is there a grace period in transitioning from CE marking? 

As with the above exception, there is also is a transitional period for acceptance of CE marking until 1 January 2023. From this period all new and existing stock to be placed on the GB market must have UKCA marking. 

Do I need a registered address in GB in order to use the UKCA mark? 

If importing toys to GB, a legal representative with a registered address in Great Britain would be required.  

What is the difference between UKCA and UKNI markings?     

The UKCA marking cannot be used alone for toys placed on the Northern Irish market.  

Due to the Northern Ireland Protocol, Northern Ireland is aligned with the relevant EU rules and the CE marking continues to be used to show that toys meet EU rules.   

When to use the UKNI marking alongside the CE marking 

You need to use the UKNI marking (alongside the CE marking) if all of the following apply: 

• you are placing certain goods (mostly those goods subject to the CE marking) on the Northern Ireland market 
• your goods require mandatory third-party conformity assessment 
• you are planning to use a UK body to carry out those conformity assessments 

You cannot use the UKNI marking if either of the following apply: 

• you are placing goods on the market in the EU 
• you are planning to use an EU body to carry out mandatory third-party conformity assessments  

Can I use both the CE and UKCA marking on my toys?  

Dual marking is allowed to denote UKCA and CE compliance as long as the toy complies with the applicable provisions set out in each legislation and it is common to find toys that carry several conformity marks.  

Can I self-certify or must an approved body test my toys? 

As with CE marking, the conformity assessment schemes remain largely the same and for toys that do not require an approved body, a self-declaration of conformity will be accepted. The use of a UK Approved Body, also remains the same as with EU Notified Bodies and self-certification certification would be possible so long as the essential requirements are covered by designated standards and the manufacturer has applied those standards.  

Do I need to place the UKCA marking on the toys? 

From 1 Jan 2023, the UKCA Mark has to appear in the product itself.  There are no specific requirements on the material or how to mark the UKCA Mark, as long as it is placed in a conspicuous place, with the correct size and format and in a durable manner. If it is not possible, UKCA must be attached to packaging (if any) or accompanying documents.  

What are the rules regarding using the UKCA image?  

When using the UKCA image, you must ensure that:  

• The letters forming the UKCA marking do not change in proportion or dimension 
• The UKCA marking is at least 5mm in height  
• The UKCA marking is easily visible, legible 

When using the UKCA marking, it does not have to maintain a solid colour so long as it remains visible and legible. 

What technical documentation do I need when selling toys in GB? 

You must keep documentation to demonstrate that your toy products conform with the regulatory requirements for up to 10 years after the product is placed on the GB market. 

An enforcement authority may request this documentation at any time to confirm that your product conforms with the statutory requirements. 

Manufacturers must draw up technical documentation which details how the toy is designed and manufactured, how they have ensured that a toy will comply with the essential safety requirements during use and the addresses of the manufacturer and any storage facilities 

This information must be stored as a technical file, which can be supplied if requested by a market surveillance authority.  

What is the UK Declaration of Conformity? 

The UK Declaration of Conformity is a document that must be created for most products bearing a UKCA marking.   

In the document, the toy manufacturer or authorised representative should declare that the product conforms with the statutory requirements.  

The information required on the Declaration of Conformity should include:    

• Your name and full business address or that of your authorised representative  
• The product’s serial number, model or type identification  
• A statement of responsibility for the product’s compliance  
• The details of the approved body which carried out the conformity assessment procedure (if applicable)  
• That toy complies with the Toy (Safety) Regulations 2011: Great Britain
• Your name and signature  
• The date the declaration was issued   

Further guidance on using the UKCA marking can be found on the UK government website. 

Looking for a UK Approved Body for UKCA marking? The Eurofins Toys & Hardlines network of laboratories is here to help. 

Our Manchester (6952) and Leeds (2377) labs operate as UK Approved Bodies for UKCA marking for a wide range of toy products.  

Get in touch for more information.