EU Toy Safety Directive 2009/48/EC:
Are you ready to comply?

The EU Toy Safety Directive (2009/48/EC) was published in the Official Journal of the European Union (OJEU) on 30 June 2009. This new Directive places a host of new responsibilities on manufacturers, importers and retailers of toys that are destined for sale in the European market. With many of the new measures of the Directive starting to have an impact on business as soon as July 2011, it is critical that companies understand their obligations, the ramifications of these changes, and act accordingly if they are to protect their business.

Major Requirements of New Toy Safety Directive:

• Safety Assessment - Manufacturers shall, before placing a toy on the market, carry out a safety assessment which is an analysis of the chemical, physical, mechanical, electrical, flammability, hygiene and radioactivity hazards that the toy may present, and an assessment of the potential exposure to them.
• EC Declaration of Conformity - The document, which needs to be continuously updated, shall state the fulfilment of the essential safety requirements and shall indicate which harmonized standards have been used.
• Internal Production Control - Manufacturers shall take all measures necessary so that the manufacturing process, and its monitoring, ensure compliance of the manufactured product with the requirements.
• Technical Documentation - The technical documentation shall contain all relevant data and details of the means (e.g. safety assessment, EC declaration of conformity, test report...) used by the manufacturer to ensure that toys comply with the requirement.
• Chemical Compliance
  
  • Toys must comply with EU chemicals legislation, including REACH
  • Toys and components of toys shall not contain carcinogenic, mutagenic, or toxic for reproduction-CMR 1 and 2 substances
  • Cosmetic toys, such as play cosmetics for dolls, shall comply with the compositional and labelling requirements of EU Cosmetic Directive 76/768/EEC
  • Toys shall not contain allergenic fragrances (55 substances listed, with 100ppm limit). For some other allergenic fragrances (11 substances), they shall be listed if added to a toy at concentrations exceeding 0.01% by weight.
  • New Proposed Limits with New Requirements for Certain Substances. Click here for details.

What are the deadlines?

The revised European Toy Safety Directive 2009/48/EC, published in June 2009, will come into force on 20th July 2011 (and on the 20th July 2013 for the section regulating the use of chemicals in toys).

Meanwhile, during the 2 year transition period, although manufacturers have to comply with the current Directive, they should work towards complying with the revised Directive.