Toy Safety Legislation Changes

Forthcoming changes to toy safety legislation will impact on many businesses - not least those in the gift and home industry. The new European Toy Safety Directive (2009/48/EC), enforceable from 20th July 2011, has widened the definition of toys to "products designed or intended, whether or not exclusively, for use in play by children under 14 years of age". This will embrace more products than previously and impose more rigid regulation, including the restriction of 19 chemical elements as opposed to the current 8. The existing BS: EN-71 part 3 testing standard is therefore being modified to ensure compliance to the new regulations. In addition, by 20th July 2013 toys shall not contain a list of 55 allergenic fragrances.

The change in legislation has been driven by the emergence of new scientific evidence as to potential dangers to health, innovative new types of toys being introduced and a massive increase in the volume of toys being imported from outside the EU. The new Directive is detailed and lengthy but inevitably there are grey areas, which will impact on businesses working not strictly in the toy industry. For example fashion accessories for children which are not for use in play are specifically deemed NOT to be toys, which presumably covers children’s fashion jewellery items, but fancy dress outfits and similar accessories are covered by the legislation as they are designed for use in play.

The new Toy Safety Directive does not affect the requirement that all items must comply with the existing General Product Safety Directive (2001/95/EC), which defines a safe product as one that "presents minimal or no risk when used in a foreseeable way." This Directive is increasingly being used to apply the requirements of the existing Toy Safety legislation to children’s fashion jewellery items.

The new requirement of the Directive that "whether or not exclusively", which was added to indicate that the product does not have to be exclusively intended for playing purposes in order to be considered as a toy, has an implication that products with double functions are now to be considered as toys (e.g. a key-ring with a teddy bear attached to it).