Toy Safety Directive

Toys contribute to child development and play is an essential part of growing up. However, toys have to be safe for children to play with. Ensuring that toys marketed in the EU do not put children at risk is a priority. EU legislation aims to ensure that toys meet safety requirements that are amongst the strictest in the world, especially in relation to the use of chemicals in toys.

The new Directive defines a toy as “any product or material designed or intended, whether or not exclusively, for use in play by children under 14 years of age”.

The Directive lays down the safety criteria that toys must meet before they can be marketed in the EU. Toys must also comply with any other EU legislation applicable to them. The essential safety requirements cover

• general risks: the health and safety of children, as well as other people such as parents or caregivers
• particular risks: physical and mechanical, flammability, chemical, electrical, hygiene and radioactivity risks

The Toy Safety Directive 2009/48/EC puts in place strict requirements for chemicals

• Chemicals that are susceptible to cause cancer, change genetic information, harm fertility or harm an unborn child (so-called CMR substances) are no longer allowed in the accessible parts of toys beyond the concentration limits set in the Regulation on Classification, Labelling and Packaging of substances and mixtures, or unless they are considered safe following a rigorous scientific evaluation.
• 19 so-called ‘heavy elements’ like mercury and cadmium are not allowed in toy parts accessible to children beyond the limits laid down in Toy Safety Directive 2009/48/EC.
• 55 allergenic fragrances have been banned. However, some of them, and another 11, may be used in certain toys provided that they are indicated on the label and comply with additional requirements.

There are 2 possible conformity assessments allowing toys to be sold in the EU. The manufacturer has to demonstrate the compliance of a toy by

• self-verification by using the European harmonised standards
• third party verification through a Notified Body

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