European Parliament Adopts EC's New Toy Safety Rules
December 19, 2008 // Published as a news service by IHS
The new legislation gives consumers assurance that toys sold in the EU fulfill the highest safety requirements worldwide, especially those relating to the use of chemical substances.
"Children's health and safety is precious and demands the highest possible protection. I am very pleased that the EU has been able to agree within record time on these robust and far-reaching rules for safe toys," said EC vice president Günter Verheugen, responsible for enterprise and industrial policy.
"The new rules incorporate the newest health and safety standards. What legislators can do for children to be safe when playing with toys has been done."
The new legal framework addresses a wide range of issues to ensure that toys do not present any health hazards or risk of injury. It improves the existing rules for the marketing of toys that are produced in and imported into the EU, with a view to reducing toy-related accidents and to achieving long-term health benefits.
New chemical requirements
Chemicals that are susceptible to provoking cancer, changing genetic information or harming reproduction - so-called CMR (carcinogenic, mutagenic or toxic for reproduction) substances - are no longer allowed in accessible parts of toys.
For certain substances, like nickel, the tolerable limit values have been reduced, and those heavy metals that are particularly toxic, like lead or mercury, may no longer be intentionally used in toys.
Allergenic fragrances are either completely forbidden - if they have a strong allergenic potential - or have to be labeled on the toy if they are potentially allergenic for some consumers.
Enhanced food safety and anti-choking requirements
Rules to prevent children from choking or suffocating on parts of toys, especially small parts, are strengthened, inter alia, to deal with the new risk of toys, such as those with suction cups.
Toys in, or co-mingled with, food always need to be in a separate packaging. Toys that are firmly attached to a food product at the moment of consumption (so-called "party lollypops") and that require the food to be consumed before getting access to the toy are prohibited.
Warnings on toys
In order to prevent accidents, warnings need to be marked on toys in a clearly visible, easily legible manner, in a language easily understood by consumers.
Warnings that contradict the intended use of the toy are not allowed - in particular, the warning "not suitable for children under 36 months" on toys clearly intended for this age group.
Toys contained in food or co-mingled with food shall bear the warning: "Toy inside; Adult supervision recommended."
Obligations for toy manufacturers and importers
The obligations for toy manufacturers and importers are considerably strengthened. Before a manufacturer tests whether its toy respects the safety requirements of the directive, it has to carry out a safety assessment of the toy and establish more comprehensive technical information for all its products, including information on chemicals used, to allow traceability by the market surveillance authorities.
Importers must check whether producers have carried out conformity assessment of toys correctly and, if necessary, carry out random tests themselves. If toy manufacturers and importers do not produce toys in line with the safety requirements of the directive, member states can impose penalties. Toy distributors obligations are also strengthened.
Strong national market surveillance systems
Member states will have to ensure that market surveillance authorities perform adequate checks at the EU external borders and within the EU, including visits to the premises of all economic operators, to ensure that dangerous toys are immediately prohibited or withdrawn. Market surveillance authorities can also destroy toys presenting a serious risk.
Thanks to the reinforcement of the market surveillance provisions, the CE marking has also been strengthened. It is now required that the CE marking must always be affixed on the packaging, if the marking on the toy is not visible from outside the packaging.
Source: European Commission.