The directives do not deal specifically with the situation where a manufacturer ceases trading. In general, for products which have been subject to Notified Body approval, the test reports (and in some cases, full technical file) will be available to the enforcement authorities from the NoBo but unless the NoBo was involved in formal quality system approval then it will be difficult to identify which NoBo was involved. (The four figure NoBo number only goes on the product if the NoBo has been involved in quality system assessment under the applicable directives.)

For toys there is no mandatory quality system assessment and so the NoBo number will never appear on the product. It is also worth noting that, while most toys are independently tested, this is actually a voluntary procedure and they are not subjected to formal Type Examination as defined in Article 20 of the Directive.

So, to summarise, there are no provisions which provide for the retention of the technical documentation by anyone other than the original manufacturer so if the manufacturer ceases trading then the information will be lost.

Having said this, importers and distributors do have an obligation to satisfy themselves that toys which they handle are properly CE marked and both are required to be able to provide information and documentation "necessary to demonstrate the conformity of the toy" in response to a reasoned request from the authorities. I think in most cases copies of the Manufacturers Declaration of Conformity, the instructions for the toy and test certificates from accredited laboratories would satisfy this requirement. This is significantly less than the full technical file.

Last updated: 2021-07-05 15:48

Yes - an item intended as a teether for babies and young children should be CE and/ UKCA marked as a toy. However, this may depend on the design of your teether, therefore we recommend you contact a test lab for further guidance. If the teether has any sort of play value it will definitely need to be CE and/ UKCA marked as a toy.

Last updated: 2021-07-05 15:47

This depends if it has “significant play value”. This means if your dummy clip has 'play appeal' to a baby or young child it would need to be CE and/UKCA marked as a toy. This may include being brightly coloured, or decorated with cartoon characters or similar, or ribbons attached with loose ends to be played with. Even if you decide your dummy clip does not need CE and/UKCA marking it must meet the requirements of EN 12586.

Last updated: 2021-07-05 15:47

Dummies or soothers are not considered to be toys and therefore do not need to be CE and/ UKCA marked. They are covered by a different standard, and should comply with the relevant sections in EN 1400 child use and care articles - soothers for babies and young children. In addition if your dummy/ soother has any sort of holder (i.e.. garment fastener, strap) this will need to comply with EN 12586 (this includes dummy clips).

Last updated: 2021-07-05 15:46

If your item is defined as a toy under the Toy Safety Directive then you will need to CE and/ UKCA mark it as such.

However it is important to take note of the following advice. In addition to your item being a toy, it may also be classed as a medical device under the Medical Devices Directive. This is due to the intended use of your item and the audience that you wish to market to. In order to have your item assessed as a medical device you will need evidence of clinical efficacy and need to meet additional requirements that require a lot of time and expense. As this is the case, you cannot make medical claims or list specific benefits of the product unless you have clinical evidence to support this.

We would advise you contact your local Trading Standards for advice on which regulations to comply to.

Last updated: 2021-07-05 15:45

There is exclusion from the Toy Safety Directive for:
“Products intended for use for educational purposes in schools and other pedagogical contexts under the surveillance of an adult instructor, such as science equipment”
If you think that this description fits your product then no CE and/ UKCA marking is necessary, but if the products are sold in a context where they might be considered to be toys (e.g. alongside other toys in a toy shop) then you will need to apply the appropriate marking requirements.

Last updated: 2021-07-05 15:43

Skipping ropes as training sports equipment do not fall under any of the CE marking directives, but please be aware that they will have to comply with the General Product Safety Directive. However, if any of your skipping ropes are intended for use in play by children they will need CE and/ UKCA marking as toys.

Last updated: 2021-07-05 15:42

If you have evidence from the supplier that shows no difference between the two fabrics, tests on the fabric with the greater number of colours would suffice. You may wish to ask the test lab - they should give you an indication if it is repeating the same test.

Last updated: 2021-07-05 15:41

If the craft kits are not already CE and/ UKCA marked (the UKCA mark becomes mandatory on 1st January 2022 in the UK) you will need to complete the process before you can sell them in the EU and UK (respectively).

Last updated: 2021-07-05 15:39

You are creating a new product by taking the CE and/ UKCA marked crayons and re-casting them, so you will need to issue your own Declaration of Conformity and your packaging, labelling etc. must identify you as the manufacturer of the shapes as well as providing the other information required by the Directive and the standards.

Since you are the manufacturer of the ‘new’ toy, you will be responsible for compliance with all the standards, including toxicity etc. If (as seems likely) the process you apply to the toys does not affect the toxicity or compliance in other aspects of the original crayons, then it seems reasonable to suppose that if you purchase CE and/ UKCA marked crayons from a reputable EU/UK supplier then your products will also be compliant. However, it is your responsibility to decide what evidence you need to justify the CE and/UKCA mark that you are applying and if you feel unable to do this then you will have to seek assistance from a test lab or someone else with the necessary expertise/facilities.

Last updated: 2021-07-05 15:39

All soft toys have to be suitable for children under 36 months so unfortunately you cannot differentiate between age groups for soft toys. If you’ve bought the Conformance Self-Certification Pack for Handmade Soft Toys and your toy passes all of the tests, then it will be suitable from birth.

Last updated: 2021-07-05 15:34

Yes, you will need to contact the manufacturer of the zips.

Last updated: 2021-07-05 15:33

Baby clothes do not require CE and/ UKCA marking but they must comply with the correct clothing requirements, to include flammability for nightwear.

Last updated: 2021-07-05 15:32

We can’t define who should and shouldn’t be using the self-certification pack but the reason we give this warning is that a larger scale commercial company has a greater level of due diligence than a smaller company, and therefore would be expected to have testing done professionally by a third party rather than doing it themselves. Carrying out all the testing yourself is a cheap (or free) option, which realistically may not give the same level of assurance as a specialist test lab. For a small-scale maker earning a bit of extra cash, this level of due diligence is appropriate, but a larger scale maker turning a good profit couldn’t claim that they had shown due diligence by testing themselves.

Last updated: 2021-07-05 15:31

Unfortunately manufacturers have no obligation to supply you with data sheets, certificates or any other information. In this case you would either need to use a more helpful supplier, or have the fabric tested yourself. The CE & UKCA Marked Soft Toy Support Network on Facebook has a very useful list of suppliers that are happy to supply the information, and in some cases copies of the available certificates or data sheets have been uploaded onto the page.

Last updated: 2021-07-05 15:30

Yes, we sell a pack suitable for any handmade toy, and a specific pack for toy craft kits and teepee play tents. And we intend to sell a pack for childrens fancy dress/disguise costumes in the near future. If you are looking for support throughout the process, we also have a pack that includes support time for the more complex toys.

Last updated: 2021-07-05 15:29

Any accessory that is sold with, or designed to be used with a soft toy (or any type of toy) needs to meet the same requirements as the soft toy itself.

Last updated: 2021-07-05 15:28

These are a bit of a grey area, and the chances are that you’re not going to be able to meet the chemical requirements if you’re not using new material. You might be able to market them as adult collectors’ items instead of toys, and there is some useful guidance on this that may help: https://ec.europa.eu/docsroom/documents/5845/attachments/1/translations

However, even if you choose to market your products in this way, you should ensure they meet all the other requirements of the Toy Safety Directive (CE) and Toys (Safety) Regulations (UKCA).

Last updated: 2021-07-05 15:28

To be honest, I don’t know how some companies can use this on their labels. The requirements clearly state that all soft toys must be suitable for children under 36 months, with some very specific exceptions (such as using monofilament fibre for hair). If your toy doesn’t fall into one of these exceptions, then it should be suitable from birth. If you’ve bought the Conformance Self-Certification Pack for Handmade Soft Toys and your toy passes all the tests, then it will be suitable from birth.

Last updated: 2021-07-05 15:26

You don’t need to keep a physical technical file for every single toy you make, but you do need to be able to compile a complete file for each of your toys if needed. For example, some people find it easier to have all their information on paints in one folder, all the information on fabric in another and all the information on construction methods in another. As long as you have a system in place so that you can identify the correct information for each model of toy you make, you don’t need to copy everything into a complete technical file each time.

Last updated: 2021-07-05 15:25