Toy Safety Directive

What information is available regarding the CE and/ UKCA marking requirements of Toys?

The DTI guide at:https://www.gov.uk/guidance/using-the-ukca-marking https://www.gov.uk/government/publications/toys-safety-regulations-2011 Toys must meet the appropriate safety standards, which are mainly parts of EN 71. You…

The DTI guide at:

https://www.gov.uk/guidance/using-the-ukca-marking

https://www.gov.uk/government/publications/toys-safety-regulations-2011


Toys must meet the appropriate safety standards, which are mainly parts of EN 71. You can find a full list of toy safety standards at: https://ec.europa.eu/growth/single-market/european-standards/harmonised-standards/toys_en and you should be able to get actual copies of the standards from your local library (they are not available to download off the internet, and they are expensive to buy).

Last updated: 2021-07-05 15:06

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Do shuttlecocks (as used in the game badminton) require CE and/ UKCA marking?

No. Unless they are specifically sold as being suitable for children under the age of 14 they are classed as…

No. Unless they are specifically sold as being suitable for children under the age of 14 they are classed as sports equipment and are excluded from the Toy Safety Directive and Regulation.

Last updated: 2021-07-05 15:06

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Does a product intended for educational purposes and used by children constitute a toy? And if so, does it have to comply with EN 71?

This question falls into a bit of a grey area, so it is difficult to answer your question without seeing…

This question falls into a bit of a grey area, so it is difficult to answer your question without seeing the specific details of your product.
There are a few factors to consider when assessing whether a product like this is a toy or not. According to the Toy Safety Directive, a toy is defined as “Products designed or intended, whether or not exclusively, for use in play by children under 14 years of age”. However, it is also important to consider how the product is packaged and marketed, the intended places of sale, the intended methods of sale and to whom the products will be sold.

For example, a product intended to be used by children under adult supervision in a classroom environment, which is sold only to teachers through educational supply chains would not normally be considered as a toy. However, if the same product was sold in toy shops, to children and marketed as a plaything only, then it could be considered as a toy.

To answer your other question, if a product is classified as a toy under the Toy Safety Directive then it must be EN 71 compliant. There are multiple parts to this standard, with EN 71-1 (physical properties and markings), EN 71-2 (flammability) and EN 71-3 (toxicity) being required as a minimum.

Last updated: 2021-07-05 15:07

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Do “taggie” blankets need CE marking?

There is some debate as to whether these type of blankets (with tactile ribbons sewn on around the edges which…

There is some debate as to whether these type of blankets (with tactile ribbons sewn on around the edges which the child can use as a comforter or diversion) are toys or not. Normal blankets would not need CE marking and/ UKCA marking, but there is an argument that the addition of ribbons and similar gives the blanket play value.

Different trading standard areas have different views on this too – it is therefore safer to assume that the item is a toy and CE Mark and/ UKCA mark it accordingly.

The most appropriate requirements to use are those for soft toys, although some of the tests would not apply. Our Self-Certification Pack for Handmade Soft Toys will be suitable.

Bear in mind that “Taggie” is a trademarked name, so you should avoid using it in your marketing material.

Last updated: 2021-07-05 15:13

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Can I sell my product as a doll for adult collectors rather than a soft toy?

There is exclusion in the Toy Safety Directive for “dolls for adult collectors” which means that they do not have…

There is exclusion in the Toy Safety Directive for “dolls for adult collectors” which means that they do not have to be CE and/ UKCA marked as a toy. The exact wording is “Products for collectors, provided that the product or its packaging bears a visible and legible indication that it is intended for collectors of 14 years of age and above. Examples of this category are: (c) folk dolls and decorative dolls and other similar articles;”. There is some useful guidance to help;
https://ec.europa.eu/docsroom/documents/5845/attachments/1/translations, https://ec.europa.eu/docsroom/documents/13253/attachments/1/translations.

However, I would only ever suggest that people go down this route if they are making “memory” or “keepsake” items, such as bears made from a baby’s first baby grow or similar, where meeting the requirements of EN 71-3 will not be possible.

If you decide to market your items in this way you should have a written justification for the decisions you have taken. I would always recommend that you ensure the item meets as many of the toy safety requirements as possible, even if you then choose not to CE and/ UKCA mark them. This will show that you have thought the process through and have tried your best to make the item safe, rather than just choosing the easy option of not CE and/ UKCA marking an item that perhaps should be.

In the case of memory bears or similar keepsake items where the customer provides the material, it may also be worth having a written confirmation stating that while you will ensure the item meets the toy safety requirements as far as possible, it is not possible to ensure it meets the requirements of EN 71-3. This would not necessarily give you any greater level of legal protection, but again it shows that you have gone through the process diligently and have done as much as you can.

Last updated: 2021-07-05 15:16

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Do cushions need CE and/ UKCA marking?

If a cushion has “child appeal” and could be mistaken for a soft toy - e.g. a cushion in the…

If a cushion has “child appeal” and could be mistaken for a soft toy - e.g. a cushion in the shape of an animal, then it should be CE and/ UKCA marked as a soft toy. If it is a regular-shaped cushion with animal decorations (for example), then it would probably not be classed as a toy.

Last updated: 2021-07-05 15:18

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Do stuffed toy keyrings need CE and/ UKCA marking?

These are classed as toys and need to meet the same requirements as a soft toy. Don’t forget the metal…

These are classed as toys and need to meet the same requirements as a soft toy. Don’t forget the metal keyring itself will also need to meet the requirements.

Last updated: 2021-07-05 15:18

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Do bags, hats, scarfs, jewellery need CE and/ UKCA marking?

Bags, hats, scarves and jewellery would not normally count as toys. If they are aimed at children they fall under…

Bags, hats, scarves and jewellery would not normally count as toys. If they are aimed at children they fall under the exclusion of “fashion accessories for children which are not for use in play”. If they are marketed for use in play then CE and/ UKCA marking will apply.

The only exception to this would be “play” bags, such as bags in the shape of an animal or similar, or a bag that has toys attached that are sold with it. Another example of a toy might be a pair of mittens that can also be used as glove puppets.

Last updated: 2021-07-05 15:19

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Do I need to register with anyone to CE and/ UKCA mark my toy?

No, toys can be entirely self-certified – you don’t need to register or get approval from anyone. Last updated: 2021-07-05…

No, toys can be entirely self-certified – you don’t need to register or get approval from anyone.

Last updated: 2021-07-05 15:20

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Do I need to talk to Trading Standards?

No, not unless you want to. Trading Standards can be very helpful but some teams are not very experienced with…

No, not unless you want to. Trading Standards can be very helpful but some teams are not very experienced with self-certification.

Last updated: 2021-07-05 15:21

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If I’ve bought a self-certification pack from Conformance do I need to read the standard myself?

If you have purchased the Soft Toy pack or the Teepee Play Tents pack, then you will not need to…

If you have purchased the Soft Toy pack or the Teepee Play Tents pack, then you will not need to read the standard. If you have purchased any other self-certification pack for toys then you may need to read the standard, and/ have third party testing done on the toy.

Last updated: 2021-07-05 15:22

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I have bought a self-certification pack but my toy has some extra features that aren’t covered – what should I do?

In this case, you will probably need to obtain a copy of the standard yourself to check the requirements of…

In this case, you will probably need to obtain a copy of the standard yourself to check the requirements of your toy.

Last uodated: 2021-07-05 15:24

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I make one-off toys – do they all need testing individually?

Not necessarily, it will depend on how different they all are. For example, if you make a range of sewn…

Not necessarily, it will depend on how different they all are. For example, if you make a range of sewn fabric stuffed animals, with different animal shapes and different fabric but basically the same construction method, then no – you’d just need to make sure that all the fabric you used met the requirements. If you made one sewn fabric toy, then one knitted toy, then a sewn toy with jointed limbs, then yes, each of these would need testing.

Last updated: 2021-07-05 15:24

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Do I need to have a technical file for each toy I make? That’s going to be a lot of paper!

You don’t need to keep a physical technical file for every single toy you make, but you do need to…

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

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I’ve seen some soft toys that say “not suitable for children under 36 months”, can I use this label on my toys?

To be honest, I don’t know how some companies can use this on their labels. The requirements clearly state that…

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

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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

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Do my toys accessories need CE and/ UKCA marking?

Any accessory that is sold with, or designed to be used with a soft toy (or any type of toy)…

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

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I don’t make soft toys – is there a self-certification pack to help me?

Yes, we sell a pack suitable for any handmade toy, and a specific pack for toy craft kits and teepee…

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

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I can’t get any information from my fabric suppliers regarding the chemical migration requirements - what can I do?

Unfortunately manufacturers have no obligation to supply you with data sheets, certificates or any other information. In this case you…

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

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What do you class as a small-scale toymaker? Should I be using the self-certification pack?

We can’t define who should and shouldn’t be using the self-certification pack but the reason we give this warning is…

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

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