A to Z of services: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

Print this page
Listen to our website
Change text size: A
A
A
High Contrast Version
 

Selling Safe Toys

 

The aim of Warrington Borough Council’s Trading Standards Service is to ensure there is a fair trading environment for businesses in Warrington. It deals with problems which consumers encounter when they buy goods and services; it also advises traders on the complex issues of trading law.

As you are a trader, there are certain laws with which you must comply. This guidance note sets out some of the risks involved in toys both new and second-hand. 

You should also be aware that you are liable for civil action if goods you sell injure anyone. 

The law
The Toys (Safety) Regulations 1995 came into force on 24 February 1995. They also apply to second-hand toys except that such toys do not need to carry the CE mark or the name and address of the first supplier. 

They apply to toys as defined in the regulations as follows: 

"any product or material designed or clearly intended for use in play by a child of less than 14 years of age." 

The following products, however, are specifically exempted: 

  • Christmas decorations
  • Detailed scale models for adult collectors
  • Equipment intended to be used collectively in playgrounds
  • Sports equipment
  • Aquatic equipment intended to be used in deep water
  • Folk dolls and decorative dolls and other similar articles for adult collectors
  • "Professional" toys installed in public places (shopping centres, stations, etc)
  • Puzzles with more than 500 pieces or without picture, intended for specialists
  • Air guns and air pistols
  • Fireworks, including percussion caps (except those specifically designed for use in toys)
  • Slings and catapults
  • Sets of darts with metallic points
  • Electric ovens, irons or other functional products operated at a nominal voltage exceeding 24 volts
  • Products containing heating elements intended for use under the supervision of an adult in a teaching context
  • Vehicles with combustion engines
  • Toy steam engines
  • Bicycles designed for sport or for travel on the public highway
  • Video toys that can be connected to a video screen operated at a nominal voltage exceeding 24 volts
  • Babies’ dummies
  • Faithful reproductions of real firearms
  • Fashion jewellery for children  

Your responsibilities
Under the regulations it is an offence to supply any toy which 

  • Does not satisfy the essential safety requirements
  • Does not carry the EC mark
  • Does not carry the manufacturers name and address (or trade name or mark if this is sufficient to identify the manufacturer, his authorised representative or importer),
  • Includes any misleading mark or inscription which is likely to be confused with the EC mark, or
  • Does not carry in English, the appropriate warnings and indications of precautions to be taken during use.  

These offences are punishable with imprisonment for not more than 6 months or a fine not exceeding level five on the standard scale (currently £5,000) 

The Essential Safety Requirements
These state that toy users and others must be protected against the risk of injury or health hazards when the toys are used in the manner intended bearing in mind the normal behaviour of children. Labels and/or packaging and instructions for the toys must point out the risks involved and how to avoid them. 

The suitability of toys for certain age groups e.g. children under 36 months, must be specified where appropriate. 

In addition, special requirements are given in relation to: 

  • Physical and mechanical properties
  • Flammability.
  • Chemical properties
  • Electrical properties
  • Hygiene
  • Radioactivity  

Full details of the above are stated in schedule 2 to the Regulations. 

Compliance with the Essential Safety Requirements
There are two methods of achieving this, 

  1. manufacture in conformity with the relevant national standards, which in the UK means BS 5665:1989, where these cover all relevant aspects of the safety of the toy and self-certification that this is the case.

    or

  2. manufacture to a model which has been certified by an "approval body" as complying with the essential safety requirements applicable to it and for which an EC type-examination certificate has been granted.  

Approved Bodies
In the UK these "test houses" are approved by the Secretary of State but other Community governments can approve similar organisations in their own countries. A list of these bodies in the Community will be published in the official journal of the European Communities. 

Markings
Every toy or its packaging must be marked with: 

  1. the EC Mark indicating that it has been manufactured to national standards or in accordance with an EC type-examination certificate.

    The CE mark must be visible, easily legible and indelible. 

  2. the name or trade name or mark and address of the manufacturer, his authorised representative or importer depending on where each is based. Trade names or marks can only be used instead of the full name and address if they are sufficient to identify the manufacturer or others mentioned. Again the only requirements for this marking are that it must be visible, easily legible and indelible.
  3. where necessary, appropriate warnings and indications of precautions when using the toys must be provided in English.  

Specific warnings are required for the following types of toys as stated in the Regulations, 

  • Toys not intended for children under 36 months and the reason why, e.g. choking hazard.  
  • Details required for correct assembly and use e.g. swings and slides.  
  • Those which require adult supervision or only to be used by children over a certain age.  
  • Toys such as skateboards or skates which require protective equipment.  
  • Toys for use in the water such as rubber rings.  
  • Toys containing inherently dangerous substances or preparations e.g. chemical toys.  

Note On small toys these marks may be either on a label attached to the toy, an accompanying leaflet, or on an associated display box. 

Second-hand toys
Toys which are second-hand do not need to be CE marked but still need to be up to legal standards. We would therefore advise that traders only sell second-hand toys which are CE marked, contain any relevant instructions or warnings and have been checked for any obvious faults, unless you are an expert in toy safety requirements. 

Requirement to keep information
Every toy manufacturer who is established in the UK, or his UK based authorised representative if the manufacturer is not based in the Community, or, where neither the manufacturer nor his representative are based in the Community, the person who first supplied the toy in the Community provided that he is based in the UK, must keep a dossier containing the following information: 

In the case of toys which are made in accordance with national standards, 

  • A description of the means used by the manufacturer to ensure conformity with these standards e.g. test reports or technical files  
  • The addresses where the toys are manufactured and stored, and  
  • Detailed information concerning their design and manufacture.  

In the case of toys conforming with a model for which an EC type-examination certificate is in force, 

  • A detailed description of manufacture,  
  • A description of the means used by the manufacturer to ensure conformity with the approved model e.g. test reports or technical files,  
  • The addresses where the toys are manufactured and stored,  
  • Copies of the documents submitted to an approved body when applying for an EC type-examination certificate, and  
  • The EC type-examination certificate (or copy) certified by the approved body.  

This information must be given on request to an enforcement officer e.g. Trading Standards Officer, and if any of it is not available in relation to any toy or if it is not given to the officer, he may require the person mentioned above to have the toy tested at that person’s expense to ascertain whether or not it does meet the requirements of the Regulations. Failure to carry out such a test is an offence punishable with imprisonment for not more than 3 months or a fine not exceeding level five on the standard scale (currently £5,000). 

Toys which do not bear the EC Mark
Any person who supplies a toy which does not bear the EC mark must, on request, give to an enforcement officer, all the information available about the date when the toy was first supplied in the Community and information as to why the toy is not marked. 

Useful information
More detailed guidance on the Toys (Safety) Regulations 1995 can be found in a Department of Trade and Industry Guidance Booklet entitled "Toy Safety, Guidance Notes on UK Regulations." Copies of this booklet can be obtained from this service. 

Our role
Our aim is to protect consumers and business from unfair trading. We realise that there may be costs involved in complying with these requirements, but those who fail to do so can put consumers at risk and gain business at the expense of reputable competitors. 

If you sell toys which are unsafe or incorrectly labelled, and you haven’t taken reasonable precautions to avoid this, you may be prosecuted. 

You could be fined £5,000 and/or imprisoned for up to six months. 

Taking reasonable precautions means you must take positive steps to ensure that you comply with the law. 

Further information
We are happy to provide further advice or literature to assist you in complying. We also enforce a range of other consumer or trading legislation which might affect you. 

If you need further advice on this, or any other trading issues, please contact the Duty Officer on (01925) 442658, Monday to Friday between 9.00 a.m. and 5.00 p.m. 

Please note that ultimately only the Courts can interpret the law with any authority.

The information contained in this guidance note is, to the best of our knowledge and ability, correct on the date of publishing. The law may change at a future date.