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