The Toys (Safety) Regulations 2011

Made: 24th July 2011

Laid before Parliament: 29th July 2011

Coming into force: 19th August 2011

The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to consumer protection.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for certain references to provisions of an EU instrument to be construed as a reference to those provisions as amended from time to time.

In accordance with section 11(5) of the Consumer Protection Act 1987 the Secretary of State has consulted such organisations as appear to him to be representative of interests substantially affected by the proposal to make these Regulations and such other persons as he considers appropriate.

The Secretary of State makes regulations 1 to 39 in exercise of his powers conferred by section 11 of the Consumer Protection Act 1987 , and paragraph 1A of Schedule 2 to the European Communities Act 1972(, and all other regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972.

PART 1 — Preliminary

Citation and commencement

1

• (1) These Regulations may be cited as the Toys (Safety) Regulations 2011.

• (2) These Regulations come into force on 19th August 2011.

Revocation, saving and amendment

2

• (1) The Toys (Safety) Regulations 1995 (“the 1995 Regulations”) and the Toys (Safety) (Amendment) Regulations 2010 are revoked.

• (2) The 1995 Regulations, as amended, continue to apply, subject to the modifications in paragraph (2A) as if they had not been revoked, to a toy placed on the market before these Regulations come into force.

• (2A) The modifications referred to in paragraph (2) are—

• (a) that references to “the Community” are to be read as including the United Kingdom; and

• (b) paragraph (5) of regulation 9 is to be read as if “, the Commission of the Communities, the other member States and other approved bodies” were omitted.

• (3) The Pencils and Graphic Instruments (Safety) Regulations 1998 are amended as follows.

• (4) In regulation 1, insert after paragraph (2)—

(3) These Regulations do not apply to any article to which the Toys (Safety) Regulations 2011 apply.

Interpretation

3

In these Regulations—

• “the 1987 Act” means the Consumer Protection Act 1987;

• “the Directive” means Directive 2009/48/EC of the European Parliament and of the Council of 18th June 2009 on the safety of toys;

• “the GPSR” means the General Product Safety Regulations 2005 ;

• “approved body requirements” has the meaning given to it in regulation 40A;

• “authorised representative” means a person who has been appointed in accordance with regulation 25(1);

• ...

• “conformity assessment” means the process demonstrating whether specified requirements relating to a toy have been fulfilled;

• “conformity assessment activities” means activities relating to conformity assessment, including calibration, testing, certification and inspection;

• “designated standard” has the meaning given to it in regulation 3A;

• “distributor” means any person who—is in the supply chain for a toy, other than the manufacturer or the importer; andmakes the toy available on the market;

• “economic operator” means a manufacturer, an authorised representative, an importer or a distributor;

• “enforcement authority” has the same meaning as in section 45(1) of the 1987 Act;

• “essential safety requirements” has the meaning given in regulation 5;

• “harm” means physical injury or any other damage to health, including long-term health effects;

• ...

• “hazard” means a potential source of harm;

• “importer” means a person who—is established in the United Kingdom and places a toy from a country outside of the United Kingdom on the market; oris established in Northern Ireland and places a toy on the market that has been supplied to them for distribution, consumption or use in the course of a commercial activity, whether in return for payment or free of charge, from an EEA state;

• “intended for use by” means that a parent or supervisor shall reasonably be able to assume by virtue of the functions, dimensions and characteristics of a toy that it is intended for use by children of the stated age group;

• “make available on the market” means supply in the course of a commercial activity (whether in return for payment or free of charge) for distribution, consumption or use on the EU market, and related expressions shall be construed accordingly;

• “manufacturer” means a person who—manufactures a toy or has a toy designed or manufactured; andmarkets that toy under that person's name or trademark;

• “Module” means a Module set out in Schedule 6 and Module A, B or C is to be construed accordingly;

• “notified body designation” has the meaning given in regulation 40;

• “place on the market” means make a toy available on the EU market for the first time, and related expressions shall be construed accordingly;

• “recall” means take any measure aimed at achieving the return of a toy that has already been made available to the end user;

• “risk” means the probable rate of occurrence of a hazard causing harm and the degree of severity of the harm;

• “supply” includes offering to supply, agreeing to supply, exposing for supply and possessing for supply;

• “toy” has the meaning given in regulation 4;

• “UK notified body” has the meaning given in regulation 40;

• “withdraw” means take any measure aimed at preventing a toy in the supply chain from being made available on the market.

Toys to which these Regulations apply

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• (1) These Regulations apply to toys placed on the market on or after 19th August 2011.

• (2) Toys are products designed or intended (whether or not exclusively) for use in play by children under 14 years old.

• (3) These Regulations do not apply to—

• (a) playground equipment intended for public use;

• (b) automatic playing machines intended for public use, whether coin operated or not;

• (c) toy vehicles equipped with combustion engines;

• (d) toy steam engines;

• (e) slings and catapults;

• (f) products listed in Schedule 1, as amended from time to time.

Essential safety requirements

5

• (1) The essential safety requirements in respect of a toy are—

• (a) the general safety requirement set out in paragraphs (2) to (5); and

• (b) the particular safety requirements set out in Schedule 2, so far as relevant.

• (2) Toys, including the chemicals they contain, must not jeopardise the safety or health of users or third parties when they are used as intended or in a foreseeable way, bearing in mind the behaviour of children.

• (3) The ability of the users and, where appropriate, their supervisors must be taken into account, in particular, in the case of toys which are intended for use by children under 36 months or by other specified age groups.

• (4) Information as to the matters mentioned in paragraph (5), aimed at users of the toy or their supervisors, must be preceded by the word “Warning” or “Warnings” and must be marked in English in a clearly visible, easily legible, understandable and accurate manner on—

• (a) the toy, a label affixed to the toy, or the toy's packaging; and

• (b) any instructions for use which accompany the toy.

• (5) The matters are—

• (a) the inherent hazards and risks of harm involved in using the toy; and

• (b) the ways of avoiding such hazards and risks.

Particular safety requirements for toys placed on the market before 20th July 2013

6

Where a toy is placed on the market before 20th July 2013, the particular safety requirements in respect of chemical properties are those in paragraph 3 of Part II of Annex II to Council Directive 88/378/EEC on the approximation of the laws of the Member States concerning the safety of toys , and not those in Part III of Annex II to the Directive.

Presumption of conformity

7

• (1) A toy which conforms with designated standards shall be presumed to comply with the essential safety requirements to the extent that those requirements are covered by those standards.

• (2) The presumption set out in paragraph (1) is rebuttable.

Exception for trade fairs or exhibitions

8

• (1) A toy which does not bear the UK marking, or in relation to which any other requirement of these Regulations is not complied with, may be shown or used at a trade fair or exhibition.

• (2) Such a toy must be accompanied by a sign which indicates clearly that—

• (a) the toy does not comply with these Regulations; and

• (b) the toy will not be made available in the United Kingdom before being brought into conformity with these Regulations.

Parts 1 and 2 are safety regulations within the meaning of the 1987 Act

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Parts 1 and 2 of these Regulations are for all purposes safety regulations within the meaning of the 1987 Act.

PART 2 — Prohibitions and Obligations on Economic Operators

Manufacturers and their authorised representatives

Prohibitions on placing toys on the market

10

• (1) A manufacturer must not place a toy on the market unless it will comply with the essential safety requirements during its foreseeable and normal period of use.

• (2) A manufacturer must not place a toy on the market without having complied with—

• (a) regulation 11 (design and manufacture of toys in accordance with essential safety requirements);

• (b) regulation 12 (safety assessment);

• (c) regulation 13 (applicable conformity assessment procedures);

• (d) regulations 15 (... declaration of conformity and UK marking);

• (e) regulation 17(1) to (3) (drawing up of technical documentation);

• (f) regulation 19 (information identifying toy and manufacturer);

• (g) regulation 20 (instructions for use, safety information and warnings); and

• (h) regulation 21 (compliance procedures for series production).

Design and manufacture of toys in accordance with essential safety requirements

11

The manufacturer must ensure that the toy has been designed and manufactured to comply with the essential safety requirements during its foreseeable and normal period of use.

Safety assessment

12

The manufacturer must carry out an analysis of the chemical, physical, mechanical, electrical, flammability, hygiene and radioactivity hazards that the toy may present, as well as an assessment of the potential exposure to such hazards.

Applicable conformity assessment procedures

13

• (1) The manufacturer must follow the applicable conformity assessment procedure to demonstrate that the toy will comply with the essential safety requirements during the toy's foreseeable and normal period of use.

• (2) If the manufacturer has applied designated standards covering all the essential safety requirements, the manufacturer must use the internal production control procedure set out in Module A.

• (3) In each of the following cases, the toy must be submitted to Type examination in accordance with the following provisions of these Regulations, together with the conformity to type procedure set out in Module C—

• (a) where designated standards covering all the essential safety requirements for the toy do not exist;

• (b) where the designated standards referred to in sub-paragraph (a) exist but the manufacturer has not applied them or has applied them only in part;

• (c) where one or more of the designated standards referred to in sub-paragraph (a) has been published with a restriction;

• (d) when the manufacturer considers that the nature, design, construction or purpose of the toy necessitates third party verification.

Application for EC-type examination

14

An application for Type examination to be performed in relation to a toy must—

• (a) be made to an approved body;

• (b) be made in accordance with Module B;

• (c) include a description of the toy;

• (d) indicate the address at which the toy has been or will be manufactured; and

• (e) ... be accompanied by such fee as may be required by the body in accordance with regulation 50 (charging of fees by approved body).

EC declaration of conformity and CE marking

15

Where it has been demonstrated by performance of the applicable conformity assessment procedure that a toy will comply with the essential safety requirements during its foreseeable and normal period of use, the manufacturer must—

• (a) draw up a declaration of conformity in accordance with regulation 16(1) to (4); and

• (b) affix a UK marking in relation to the toy in accordance with regulation 18.

16

• (1) The ... declaration of conformity must state that it has been demonstrated that the essential safety requirements have been satisfied in relation to the toy.

• (2) The ... declaration of conformity must also—

• (a) include the information, and follow the structure, set out in Schedule 3; and

• (b) include any information required to be included by any Module which was followed in relation to the toy.

• (3) The ... declaration of conformity may contain further information.

• (4) The manufacturer must keep up to date the ... declaration of conformity drawn up in relation to a toy.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) By drawing up the ... declaration of conformity, the manufacturer assumes responsibility for the compliance of the toy.

Technical documentation and correspondence relating to EC-type examination

17

• (1) The manufacturer must draw up technical documentation which contains all relevant information about the means used by the manufacturer to ensure that a toy will comply with the essential safety requirements during its foreseeable and normal period of use.

• (2) The technical documentation must be drawn up in English.

• (3) The technical documentation must include the information and documents listed in Schedule 4 (technical documentation).

• (4) Any correspondence relating to the Type examination of a toy must be drawn up in English.

• (5) The manufacturer must keep the technical documentation for a toy (including the ... declaration of conformity) for a period of 10 years after the day on which the toy was placed on the market.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) If a manufacturer fails to comply with any of the manufacturer's obligations under paragraphs (1), (2) or (3), an enforcement authority may request the manufacturer to ensure that an approved body performs such tests as the approved body identifies, within such period as the approved body may specify, to verify that the toy will comply with the essential safety requirements during its foreseeable and normal period of use, and that the toy complies with any designated standard applicable to the toy.

• (11) The manufacturer must comply with the request (at the manufacturer's own expense).

Toys to bear CE marking

18

• (1) The manufacturer must affix a UK marking in relation to a toy.

• (2) The UK marking must be affixed visibly, legibly and indelibly.

• (3) The UK marking must be affixed to—

• (a) the toy;

• (b) a label affixed to the toy; or

• (c) the toy's packaging.

• (3A) For a period of seven years beginning with IP completion day, the manufacturer may, in place of affixing the UK marking in accordance with paragraph (3) affix the UK marking to a document accompanying the toy.

• (4) Where the toy is small or consists of small parts, the manufacturer may, in place of affixing the UK marking in accordance with paragraph (3), affix the UK marking to—

• (a) a label which is not affixed to the toy; or

• (b) a leaflet which accompanies the toy.

• (5) The manufacturer may (in place of affixing the UK marking in accordance with paragraphs (3) or (4)) affix the CE marking to a counter display where —

• (a) the toy is sold in the counter display;

• (b) it is not possible to affix the UK marking in accordance with paragraph (3) or (4); and

• (c) the counter display was originally used as packaging for the toy.

• (6) Where the toy is inside packaging the UK marking must—

• (a) be affixed to the packaging (whether or not it is also affixed elsewhere); or

• (b) be otherwise visible from outside the packaging.

• (7) The UK marking may be followed by a pictogram or by any other mark indicating a special risk or use.

• (8) Any toy which bears the UK marking shall be presumed to comply with all the provisions of these Regulations.

• (9) The presumption set out in paragraph (8) is rebuttable.

Information identifying toy and manufacturer

19

• (1) The manufacturer must ensure that the required information is marked—

• (a) on the toy; or

• (b) where the size or nature of the toy precludes the information from being marked on the toy—