Marketing toys: general obligations
The manufacture and marketing of toys in the European Union is regulated by Directive n°2009/48/EC. A directive, unlike a regulation, is not directly applicable and must therefore be transposed into the national legislation of each Member State.
The European Commission has also published guides for some of the products covered by the directive to allow for better harmonization and application of the directive.
In Europe, manufacturers or importers are responsible for the safety and conformity of toys. They must therefore ensure that the product has the appropriate technical documentation, is considered safe for use, and provide the authorities with the necessary information in the event of an inspection.
In addition to the general compliance requirements, there are numerous testing standards that apply to the manufacture of toys. Depending on the type of toy marketed, the standards will not be the same. However, they guarantee that the toy complies with them and, when the manufacturer has followed them in their entirety, they do not require certification by a third-party organization.
In Europe, the labeling must include the following elements:
- Identification number: type, batch, serial or model number allowing the identification of the product. In case of a problem, this number allows to easily find the batches of products concerned.
- Manufacturer's contact information: Name, trade name, registered trademark and contact address. The manufacturer is defined as a legal or natural person who manufactures, has manufactured and markets the product in his name.
- Name and address of the importer if considered the manufacturer
- Instructions for use (if necessary)
- Storage conditions and duration of use (if necessary)
- Any other information necessary for the proper use of the product (conditions of use, minimum age...)
Other information, mentions, pictograms or precautions for use may be necessary depending on the country of manufacture of the product, the type of toy, the target audience, etc.
The CE marking is also to be affixed on products and labels by manufacturers according to the rules of imposition provided by the directive.
Toys in more detail: conformity assessment and technical documentation
A product safety assessment must be carried out for toys. It guarantees that the product is not dangerous for human health. It analyses in particular the chemical, physical, mechanical, flammability and hygiene hazards.
In addition, certain substances are banned or restricted in toys marketed in the European Union. The list of these substances is in Annex II of the directive. We note for example that toys:
- Do not contain certain listed allergenic fragrances with the exception of technically unavoidable traces
- Some listed allergens are allowed at concentrations limited to 100 mg/kg and must be indicated on the toy.
- May contain the substances listed in point 13. if they respect the migration limits mentioned
- May not contain CMR 1A, 1B or 2 substances except those authorized in Appendix A
- May not contain substances listed in Appendix C outside the restriction limits indicated if the toy is intended to be placed in the mouth or for children under 36 months of age
All the characteristics of the toys, their specificities, the description of their design, the SDS of the substances used, the EC declaration of conformity, the test reports, the EC type examination, etc., must be compiled in the technical documentation. It is described in detail in Annex IV of the Directive.
EcoMundo accompanies you in the compliance of your toys in Europe!
Wish to know more about the compliance of your products?
For more information, do not hesitate to contact Christian Freneuil or one of our experts!
