This advice is designed to provide basic guidance to traders. It is not a complete or authoritative statement of the law. A large print version is available.
Just because you work from home you are not exempt from business safety regulations.
Toy are products designed or intended (whether or not exclusively) for use in play by children under 14 years old. Some items which may appear to be categorised as toys are exempt from the regulations.
If you think the things you make are not toys, you should seek further advice. For additional peace of mind you should also consider attaching a clear warning to your products (preferably permanently) that they are unsuitable for children.
The law says that toys must be safe. In particular, you should give special attention to the following points when making them.
You are advised to obtain written assurances from your raw material suppliers. You should ask for confirmation that they are of a type suitable for making toys, and comply with all the relevant safety standards.
It is a good idea to regularly screen your finished toys for such things as security of facial features, and keep a record of the number of each type of toy you make.
Where it is appropriate your toys should carry warnings to reduce risks. This is particularly important where a toy is unsuitable for a child under three years old. It is not necessary to attach warnings to soft-bodied toys, which are considered safe for children under three as a matter of course. All new toys must be labelled with the CE mark (minimum size 5mm), your name and traceable address.
If you are thinking of making toys there are certain requirements you must meet.
Toys must satisfy the essential safety requirements of the Toys (Safety) Regulations 2011. The European Standard, EN71 (Safety of Toys), is a means of testing compliance with the Regulations. Copies of the standard can be obtained from the British Standards Institute.
A manufacturer must not place a toy on the market unless it complies with the essential safety requirements during its foreseeable and normal period of use.
A manufacturer must, draw up the following documents and carry out safety & conformity assessments:
An EC declaration of conformity (please see template and example); and
The above documents must be retained for a period of 10 years after the day on which the toy is placed on the market.
The technical documentation referred to above shall contain:
a detailed description of the design and manufacture, including a list of components and materials used in the toy as well as the safety data sheets on chemicals used, to be obtained from the chemical suppliers;
a safety assessment (please see template);
a description of the conformity assessment procedure followed;
a copy of the EC declaration of conformity;
the address of the places of manufacture and storage;
copies of documents that the manufacturer has submitted to a notified body (if involved),
test reports and description of the means whereby the manufacturer ensured conformity of production with the harmonised standards, if the manufacturer followed the internal production control procedure.
a copy of the EC-type examination certificate (if applicable).
Ensure the following are marked on the toy; or where the size or nature of the toy precludes the information from being marked on the toy, on the toy’s packaging; or in a document accompanying the toy.
A CE mark (it should be at least 5mm high and in the following format)
Age, warnings & instructions – where appropriate
Your name, registered trade name or registered trade mark and address
A type, batch, serial or model number or other information enabling the toy to be identified.
B/saf/023/007 June 2012