Seller Handbook

This article is intended as a practical guide for sellers to address common product safety questions. Sellers are ultimately responsible for the safety and compliance of their products.

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What should I consider when selling toys in the European Union?

Toys are products designed or intended for use in play by children under 14 years old, whether exclusively or not. When selling toys, you must make sure that they comply with safety requirements set in the EU Toy Safety Directive. Toys must not put safety or health at risk, taking into account the behaviors of children as well as those of their parents or supervisors. Instructions for use and the labels must alert the users, both children and their supervisors, about related dangers and how to avoid them.

Which legislation applies to toys?

In addition to the Toy Safety Directive, other EU directives and regulations that apply to toys include:

• Regulation on market surveillance and compliance of products.
• Regulation setting out the requirements for accreditation and market surveillance relating to the marketing of products.
• Regulation on materials and articles intended to come into contact with food, when a toy or part of it is reasonably or is expected to be in contact with food.
• Directive on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances.
• Regulation on Classification, Labelling and Packaging (CLP).
• Regulation on Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), for chemicals included in the toys.
• General Product Safety Directive (GPSD), which applies when the product does not fall under the scope of the Toy Safety Directive (see question “What are some examples of products that are excluded by the Toy Safety Directive?”).
• Cosmetics Regulation, which applies to cosmetic toys, such as cosmetic kits, defined as a “toy the purpose of which is to assist a child to learn to make products such as fragrances, soaps, creams, shampoos, bath foams, glosses, lipsticks, other make-up, tooth-paste and conditioners”.

Do I need a European Authorized Representative if I want to sell in the EU?

Non-EU manufacturers who want to sell in the European Union should have an economic operator for each product, such as a European Authorized Representative (EAR). Among other responsibilities, the EAR keeps documentation available to the Competent Authorities, addresses requests of the Competent Authorities, and cooperates with them in case any actions are required to eliminate or reduce any risks associated with the related products.

What are some examples of products that are excluded from the Toy Safety Directive?

Annex I of the Toy Safety Directive lists products which might represent some borderline cases but are not considered covered by the Toy Safety Directive. Some examples are: decorative objects for festivities and celebrations, products for collectors, sports equipment, puzzles with more than 500 pieces, fireworks, electrical transformers for toys, fashion accessories for children not intended as toys, scooters, computer games, etc. The complete list can be found in the mentioned Annex of the Directive.

What warnings do toys have to display?

In the European Union, toys must include the minimum or maximum age of the user. When applicable, they also must include weight and abilities of the user for proper use as well as to warn that the product must be used under adults’ supervision.

There are also specific additional warnings to display for certain categories of toys, which are:

• Toys not intended for use by children under 36 months. Such toys have to bear a warning saying, “Not suitable for children under 36 months” or “Not suitable for children under three years” or a graphic warning (see Annex V of the Toy Safety Directive).
• Activity toys must bear the warning “Only for domestic use”. Activity toys are toys which have a motionless structure used by children for climbing, jumping, swinging, sliding, rocking, spinning, crawling, and creeping. When applicable, such toys must also include instructions pointing out the need to carry out checks and maintenance of the main parts.
• Functional toys must bear the warning, “To be used under the direct supervision of an adult”. Functional toys are defined as “a toy which performs and is used in the same way as a product, appliance or installation intended for use by adults, and which may be a scale model of such product, appliance or installation”.
• Chemical toys, which are toys intended for the direct handling of chemical substances and mixtures, must include warnings about the dangerous nature of such chemicals, precautions to avoid related hazards, and indications on the first aid necessary in case of accidents. In addition, the product also must indicate the appropriate targeted age-group and to warn to keep it out of reach of children under a certain age (“Not suitable for children under (X) years”, “For use under adult supervision”).
• When skates, roller skates, inline skates, skateboards, scooters, and toy bicycles for children are sold as toys, they must bear the warning “Protective equipment should be worn. Not to be used in traffic”. In addition to this warning, the instruction should provide further information on the correct use of the toy and the recommended protective equipment.
• Aquatic toys, which are products used in shallow water, carrying, or supporting a child on the water, must display the warning “Only to be used in water in which the child is within its depth and under adult supervision”.
• When food contains a toy, the product must include the warning “Toy inside. Adult supervision recommended”.
• If a toy is an imitation of an actual protective equipment, the toy must warn users with the following “This toy does not provide protection”.
• Toys intended to be strung across a cradle, cot or perambulator by means of strings, cords, elastics, or straps must bear the warning “To prevent possible injury by entanglement, remove this toy when the child starts trying to get up on its hands and knees in a crawling position”.
• Packaging for fragrances in olfactory board games, cosmetic kits, and gustative games must display the warning “Contains fragrances that may cause allergies”. The list of fragrances is included in Part III of Annex II of the Toy Safety Directive.

More specific indications on all warnings mentioned above can be found in Part B of Annex V.

How do I display warnings on toys?

Overall, manufacturers must affix the warnings in a clear and visible way, either on the labels or on the packaging. If appropriate, such warnings must be reported on the instructions for use as well. Before the warning, there must be the word “Warning” or “Warnings”.

When a warning determines the decision to purchase the toy, such as appropriate age range for the toy or other warnings, this warning must appear on the packaging or in a way that the buyer can easily read it before the purchase.

All warnings must be written in languages easily understood in the country where the product is sold.

Article 11 of the Toy Safety Directive further clarifies how toys have to display warnings.

Do toys need to bear the CE marking?

Toys sold in the European Union must bear the CE marking. The CE marking is a declaration of conformity with the relevant health and safety requirements related to that product. The CE marking is affixed according to the requirements set in the regulation on accreditation and market surveillance relating to the marketing of products.

When a toy bears the CE marking, it can be assumed that the product complies with the Toy Safety Directive.

What conformity assessment procedures are toys subject to?

The safety and health requirements set by the Toy Safety Directive can be demonstrated in two ways:

• Self-assessment through the applicable harmonized standard
• Notified Body’s assessment

While harmonized standards are used by manufacturers themselves to demonstrate compliance, a Notified Body’s assessment is a third-party conformity evaluation. Specifically, a Notified Body is an organization designed by the EU that carries out tasks to assess the conformity of higher risk devices or products, including certain toys.

What are the safety requirements related to flammability of toys?

Toys must not present any dangerous burning element. Therefore, their materials must fulfill at least one of the following:

• Exposure to flames, sparks, or other sources of fire does not cause any burning.
• The flame goes out when the fire’s cause is extinguished.
• If they burn, the flame spreads slowly.
• Their design mechanically delays the combustion process.

All requirements related to flammability of toys are specified in Annex II of the Toy Safety Directive.

What do I need to know about packaging of toys?

Packaging of toys must not present risk of strangulation or suffocation for children. Specifically, packaging is the material which comes with the toy when buying it and is not intended to have a play function. Particular safety requirements of packaging of toys are set in Annex II of the EU Toy Safety Directive. In addition, manufacturers can comply with the standard EN 71-1, specifically for flexible plastic sheeting, toy bags, and packaging. The Toy Safety Directive does not cover warnings related to packaging, as the requirements set in the General Product Safety Directive apply.

How do I define toys intended for children under 3 years?

The design of a toy may determine whether the product is meant for catching the attention of children aged under 36 months. Generally, whether a toy is intended for this age group can be determined by taking into account:

• Psychology of the child, e.g., the need to cuddle.
• Attraction to objects which remind the kids of themselves (size, appearance, etc.).
• Mental development, such as capacity, knowledge, patience.
• Physical abilities, such as the limitation that a child under 3 years might have.

Do dress-up or carnival costumes and their accessories classify as toys?

Dress-up or carnival costumes, when designed or intended for use in play by children under 14 years of age, should be classified as toys. However, when such costumes are for children up to one year old, they do not fall within the scope of the Toy Safety Directive, because children in that age could not understand clothing articles as a toy. Therefore, they have no play value and would fall within the scope of other legislation, for example, the General Product Safety Directive (GPSD). For toy costumes, manufacturers can follow standard EN 71-2 in order to be compliant with the Toy Safety Directive. Costumes for adults, on the contrary, are not regarded as toys.

Are there any chemicals banned from use in toys?

It is important to take into account banned and restricted chemicals. At the time of writing, there are over 50 fragrances which are banned in toys. In addition, there are certain fragrances which must be listed on the toy (on labels, packaging, or leaflet), when added at concentrations exceeding 100 mg/kg. Other substances, instead, cannot exceed certain migration limits. The complete list of all these substances and mixtures can be found in Annex II of the Toy Safety Directive. There are specific limits for chemicals used in toys for children under 3 years old or in toys to be placed in the mouth. The complete list of limit values can be found in Annex II.

Nickel, classified as CMR 2 (substances classified as carcinogenic, mutagenic, or toxic for reproduction), is permitted in toys if their components are made of stainless steel or in components of the toy intended to conduct an electric current.

What are the requirements to sell toys in the United Kingdom?

Since Brexit, the United Kingdom is not part of the European Union anymore. Therefore, the EU legislation does not apply if you want to sell in the United Kingdom. If you want to sell toys in the United Kingdom, the Toys (Safety) Regulations apply. However, like the EU Directive, the UK Regulations cover toys designed or intended (whether or not exclusively) for use in play by children under 14 years old.

Instead of the CE marking, from January 1, 2021, toys sold in the United Kingdom must bear the UKCA marking, which shows conformity with the applicable regulations. Nevertheless, there is a transitional period that ends on January 1, 2023.

Just as in the European Union, toys must be safe for use by children. They must not jeopardize their safety and health, taking into account the behavior of children and, when appropriate, of their supervisor.

Specifically, this refers to the area of Great Britain, whereas in Northern Ireland, the EU legislation applies.

What conformity assessment procedures are toys in the United Kingdom subject to?

Similar to the European Union, toys can be assessed through a self-declaration, where allowed by the Regulations, or a third-party body. Third-party bodies are called Approved Bodies in the United Kingdom. Particular safety requirements are defined in Schedule 2 of the Toy Regulations. Comparable to the EU Directive, such safety requirements include hazards related to physical/mechanical properties, flammability, chemical properties, electrical properties, hygiene requirements, and radioactivity.