Notes on Regulations Governing the Export of Toys
Background
Toys marketed in Europe are subject to the European Toy Safety Directive 2009/48/EC, which lays down the regulations that toys shall comply with when they are supplied to and sold in the EU, and the important requirements on toy safety, labelling, warning, and relevant obligations. According to the directive, all toys must conform to the general safety requirement, i.e. toys, including the chemicals they contain, shall not jeopardize 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. In addition, toys shall also meet the requirements on the control of specific chemicals set forth in REACH and POP regulations. Electric toys shall also meet the recycling and labelling requirements in the directive on waste electrical and electronic equipment (WEEE) and the requirements on electromagnetic radiation in EMC. Radio controlled toys, such as remote controlled aircraft and cars, are all subject to RED.
Toys marketed in the US are subject to the Consumer Product Safety Improvement Act (CPSIA). As required by the act, all children’s products must be certified, in a Children’s Product Certificate (CPC) based on test results from a CPSC-accepted third-party laboratory, that they meet applicable children’s product safety requirements. The act also includes the requirements on the marking of traceability information on children's products like toys and the packages of these products. Electric toys and toys with batteries shall also comply with the relevant rules in CFR Part 47 and the applicable rules and marking requirements involving the production, transportation, collection, and storage of batteries in the Mercury-Containing and Rechargeable Battery Management Act - US Public Law 104-142.
Scope
“Toy” means a product designed or intended for use in play, or generally used in play by children under 14. Any products with potential game functions that are attractive to children or children-oriented can be deemed toys. However, products specified in Article 2 and Annex I of the Toy Safety Directive can be excluded from the control, such as lawn equipment for public purposes, puzzles with more than 500 pieces, sports equipment with toy steam engines and slings/ejectors, slingshots, catapults, and pacifiers for babies.
Regulations
Regulatory requirements on toys mainly include requirements on safety, testing and certification, warning labels and traceability information. The details are as follows:
Requirements on safety:
The EU
All toys shall comply with the European Toy Safety Directive 2009/48/EC and its EN 71 series of harmonized standards.
Toys with remote controls shall also conform to the RED 2014/53/EU
Toys for children under three or toys intended to be placed in the mouth are subject to directives 2015/2115/EU, 2017/898/EU, 2017/774/EU, 2014/79/EU, and 2017/774/EU.
Toys also involve
The US
Toys sold in the US must meet federal safety standards:
Requirements on warning labels:
The EU
a. CE marking:
CE marking is a mandatory conformity marking required in the EU. By placing the CE marking on a product, a manufacturer is declaring, on his sole responsibility, conformity with all of the applicable requirements to achieve CE marking. Toys marketed in the EU must have CE markings on their packages. Electric toys shall not only have CE markings, but also meet all the requirements involved in relevant toy directives.
b. Safety warnings:
The Toy Safety Directive (TSD) lays down the requirements on the safety warnings that must be applied to toys and/or their packages and instructions, namely the warnings which include at least the minimum or maximum age of the user and, where appropriate, the abilities of the user, the maximum or minimum weight of the user and the need to ensure that the toy is used only under adult supervision.
The following 10 warnings listed in Part B of TSD's Annex V may be applicable to your products:
[Warning] Not suitable for children under 36 months
[Warning] Not suitable for children under (*) years. For use under adult supervision.
The specific ages shall be affirmed by manufacturers.
[Warning] Only for domestic use.
[Warning] To be used under the direct supervision of an adult.
[Warning] Protective equipment should be worn. Not to be used in traffic.
[Warning] Only to be used in water in which the child is within its depth and under adult supervision.
[Warning] Toy inside. Adult supervision recommended.
[Warning] This toy does not provide protection.
[Warning] To prevent possible injury by entanglement, remove this toy when the child starts trying to get up on its hands and knees in a crawling position.
[Warning] Contains fragrances that may cause allergies.
The US
As required by the US toy safety standard ASTM F963, the minimum age for the use of a toy shall be marked. If the suitable age range for the use of a toy is not clearly marked on the toy or the package of the toy, or the age marked is unsuitable, the toy shall be tested under the most stringent applicable requirements.
According to ASTM F963, the following specific types of toys shall be added with warning labels:
[Warning] This is not a lifesaving device. Do not leave child unattended while device is in use.
[Warning] Possible entanglement or strangulation. Remove mobile from crib or playpen when baby begins to push up on hands and knees.
[Warning] Possible entanglement injury. Keep out of baby's reach. Remove toy when baby begins to push up on hands and knees.
[Warning] Possible entanglement or strangulation injury when attached to crib or playpen. Do not attach to crib or playpen.
[Warning] Toy is to be assembled by an adult.
[Warning] This toy does not provide protection.
[Warning] Strangulation hazard - small object. Not for children under 3 years.
[Warning] Choking hazard - Children under 8 years can choke or suffocate on uninflated or broken balloons. Adult supervision required. Keep uninflated balloons from children. Discard broken balloons at once.
Requirements on product traceability information:
Toys and products must have traceability labels for marking the manufacturers' names, time (MM/YY) and places (e.g. XX city) of production, batch numbers and other traceability information. The time, addresses and other traceability information on traceability labels can be specific, or replaced by codes with specific meanings.
Traceability labels shall be added to both the products and their packages, unless they are unable to be added due to the products’ sizes or materials, or for any technical or other reason.
Testing and certification requirements:
The EU: CE certification
The following types of toys need to undergo EC-type examinations by European notified bodies.
Other toys can undergo CE compliance certification in accordance with harmonized standards through self-compliance verification.
The US: Children's Product Certificates (CPCs) and test reports issued by CPSC-accepted laboratories.
Legal Basis
For more information about children's products and the US Consumer Product Safety Improvement Act (CPSIA), please visit the following websites:
https://www.cpsc.gov/Business--Manufacturing/Business-Education/childrens-products
https://www.cpsc.gov/Business--Manufacturing/Testing-Certification/Childrens-Product-Certificate
https://www.cpsc.gov/Business--Manufacturing/Business-Education/tracking-label/
For more information about the harmonized standards under the directive 2009/48/EC for the safety of toys, please visit the following website:
https://ec.europa.eu/growth/single-market/european-standards/harmonised-standards/toys_en
For more information about the REACH regulation (EC) No 1907/2006, please visit the following website:
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02006R1907-20191030
For more information about the POP regulation 2019/1021/EU, please visit the following website:
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32019R1021
Note: The above information does not constitute any legal advice and shall not be deemed or represent the legal opinion or conclusion of the regulatory body. Further, we do not undertake or warrant that the information represents the latest laws and regulations. For specific information, please consult the competent authority, law firms, or third-party certification/testing/consulting companies in the target country or region.
AliExpress
August 31, 2020