TOYS

Manufacturers must comply with the essential requirements of the European Toy Safety Directive (TSD) 88/378/eec, or the UK Toys (Safety) Regulations 2011.

International Associates Limited is able to act as your Authorized Representative in both Europe and also within the UK.

TOY SAFETY STANDARDS COVER MAINLY:

• Mechanical & Physical Hazards
• Flammability
• Toxicity-Migration of Certain Elements
• Experimental Sets for Chemistry
• Chemical Toys
• Graphical Symbol for Age Warning
• Electrical properties

If a manufacturer is from outside the EU or UK, then the manufacturer needs to appoint a European Authorized Representative to complete the mandatory tasks.

The name and address of the European Authorized Representative must be printed on the labelling and package of toys along with the CE / UKCA marking.

THE AUTHORIZED REPRESENTATIVE SHALL PERFORM AT LEAST THE FOLLOWING TASKS:

• Keep the EC declaration of conformity and the technical documentation at the disposal of national surveillance authorities for a period of 10 years after the toy has been placed on the market;
• Further to a reasoned request from a competent national authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of a toy;
• Cooperate with the competent national authorities, at their request, on any action taken to eliminate the risks posed by toys covered by the mandate.

MARKINGS AND LABELLING

• CE / UK CA marked toys must meet special requirements for labelling including age labelling and warnings for children of various ages, and in particular, warnings for toys that are deemed to be unsuitable for children under 36 months. EU standards give also alternative symbol for such warnings in the place of text.
• By using proper labelling, Age Labelling and Age Warnings, you can prevent a customer from buying an unsuitable toy for a young child, thus you may well be preventing that child from injuring himself or herself, or you may also make sure that an inappropriate toy doesn't become an unsafe toy in the wrong hands.

DECLARATION OF CONFORMITY

• In many cases, the manufacturer can self-declare that their products meet the legal requirements contained in the Directive or regulations by preparing a document called "Declaration of Conformity" plus a set of "Technical Files", which support their self-claim.
• Higher risk toys require a Notified Body or UK Appointed Body.

EXISTING CE MARKED STOCK

• The UK will allow CE marked toys that have been either self-declared as compliant (where permissible) or where compliance must and has been demonstrated through assessment by an EU-recognised conformity assessment body (notified body) to be placed on the GB market until 31 December 2021. Toys lawfully placed on the market with a CE marking by 31 December 2021 can continue to circulate on the GB market after this date.

OBLIGATIONS OF THE MANUFACTURER (UK)

The obligations of manufacturers of toys, which must be complied with before the toy is placed on the GB market, include:

• Making sure the toy has been designed and manufactured to comply with the essential safety requirements during its foreseeable and normal period of use.
• Carrying out a safety assessment of the toy.
• Following the applicable conformity assessment procedure.
• Drawing up a declaration of conformity and affix the UKCA marking visibly, legibly and indelibly to the toy. Until 31 December 2022, the UKCA marking may be affixed to a document accompanying, the toy; this in addition to the possibility of affixing the UKCA marking to the toy’s packaging or label affixed to the toy which will continue to apply after 31 December 2020; where toys are too small or consist of small parts, the UKCA marking may be affixed to a label which is not affixed to the toy or a leaflet which accompanies the toy; again this will continue to apply after 31 December 2020. Qualifying Northern Ireland goods can be placed on the GB market with the CE and CE UKNI conformity markings, see further detail in Section 11 on Qualifying Northern Ireland Goods.
• Drawing up the technical documentation and keep it and the Declaration of Conformity for 10 years.
• Applying information, identifying the toy (e.g. type/ batch/ serial/ model number) and manufacturer (e.g. name, registered trade name / trademark, contact address) on the toy or, where not possible because of the size or nature of the toy, on its packaging or in an accompanying document.
• Making sure the toy is accompanied by instructions for safe use, safety information and warnings as appropriate. These must be marked in a clearly visible, easily legible, understandable and accurate manner on the toy, a label affixed to the toy or the toy’s packaging and if appropriate on any instructions for use which accompany the toy.
• Making sure that continuing production runs of the same toy remain in conformity.
• Carrying out sample testing of marketed toys.
• Investigating and recording any complaint made in relation to the toy and keeping a register of complaints, non-compliant toys and recalled toys (and keep distributors informed of any of these actions).
• Bringing non-conforming toys into compliance (or if appropriate withdraw or recall the toy) and tell enforcement authorities if there is a safety risk and provide information to those authorities following any requests.
• Identifying the other economic operators in the GB supply chain on request by an enforcement authority where the request is made within 10 years of the toy being supplied.

BREXIT – TRANSITIONAL ARRANGEMENTS

• If you have already placed an individual fully manufactured product on the EEA or the UK market (either in Northern Ireland or Great Britain) before 1 January 2021, you do not need to do anything new. These individual goods can continue to circulate on either market until they reach their end user and do not need to comply with the changes that take effect from 1 January 2021

FURTHER GUIDANCE

• Guidance on the regulations for the UK and Northern Ireland can be found here
• And guidance for the EU can be found here

CHANGING YOUR AUTHORIZED REPRESENTATIVE

Changing your Authorized Representative is a fairly straightforward process. First of all, this change should appear in the agreement between the manufacturer and the Authorized Representative (Outgoing and incoming).

To be compliant, the manufacturer should address the following aspects:

• The date of termination of the outgoing Authorized Representative and the date of start of the incoming one.
• The date until which the manufacturer can show the outgoing AR on the information or promotional material.
• The transfer of documents, including confidentiality aspects and property rights
• The obligation to the outgoing Authorized Representative to send to the manufacturer or incoming Authorized Representative, any complaints or reports from users about suspected incidents related to the product.