STAYING SAFE TALKING POINT
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Logos on toy boxes tell consumers that products are safe to use. From top to bottom: the Lion Mark, CE Mark, and age guidelines. Lastly, the ICTI promotes international toy safety standards
from a Notified Body because in some cases a special approval (EC type examination approval) will be required before the toy can bear the CE marking. TESTING Assessment against the harmonised standards can be performed by anyone with sufficient competence and expertise but it has become common practice (and a requirement of major retailers) that the testing is conducted by accredited third party laboratories. Test reports and certificates have an undefined period of validity but re-evaluation is necessary if: • There is any change to the toy design, or; • A change of materials, or; • A change to the method of production, or; • A change to the harmonised standards Retail customers may also specify contractual arrangements that set out testing regimes and frequency of retesting. These must be carefully considered prior to entering into such arrangements. QA Once a toy design has been assessed as safe it is imperative that all production items are made to the same standard. This is best achieved by a robust quality assurance process in the factory. If expertise in this area
does not exist in the manufacturer’s organisation then it is prudent to seek outside experts and organisations that can offer suitable advice. Failure to implement a rigorous quality assurance system is one of the root causes of many product withdrawals, product recalls and legal action by the enforcement authorities. THOSE EC DIRECTIVES Apart from the toy safety regulations and related harmonised standards, there are many other pieces of legislation that affect the legality and safety of toys. Here are some of the more commonly encountered examples: • Azo dyes directive (2002/61/EC) Restricts the use of certain dyes in textiles toys that come into direct and prolonged skin contact. • Phthalates directive (2005/84/EC) Affects toys that incorporate softened plastics such a flexible PVC and PVC film. The Magnetic Toys (Safety) Regulations 2008 Requires toys with magnets or magnetic parts to bear a specific warning concerning the risk of internal injury if swallowed. • Cadmium directive (91/338/EEC) This environmental directive governs the total concentration of cadmium in certain plastics and other materials. • RoHS (2002/95/EC)
Environmental directive that affect certain electrical toys and is concerned with environmental safety. Restricts certain heavy elements and fire retardant chemicals. • REACH Regulations (EC 1907/2006) New EU chemicals law that affects all toys and packaging but as a priority it affects toys that release chemicals or toys that are chemical preparations. Specialist advice is normally necessary but a good starting point is the information on the BTHA’s website under ‘Toy Safety’ [Note: Website is being revamped so link is not provided.] • The Food Imitations (Safety) Regulations: SI 1989 No 1291 Places restrictions on toys that might be confused with foods and confectionery. • Packaging Essential Requirements: SI 2003 No 1941 Contains requirements that restrict heavy elements in packaging and also requirements intended to prevent excessive packaging. One category of toys that requires a special mention is electrical toys. These toys could be subject to restrictions under the following laws and standards: • Transformers and battery chargers have specific standards of safety • Electromagnetic compatibility directive (89/336/EEC) applies to most electrical toys.
• The batteries and accumulators directive (2006 / 66 / EC) applies to batteries and the batteries within toys. • Radio controlled toys are subject to the directive on Radio and Telecommunications Terminal Equipment (R&TTE) SI 1999 No 930 This listing is not exhaustive and so it is always advisable to seek out expert advice as to what requirements apply and how they are commonly addressed. Remember that exhaustive testing is not always necessary nor appropriate. Declarations of conformity that are passed along the supply chain can be an efficient way of demonstrating compliance. This process is known to work well for RoHS, REACH, Packaging Essential Requirements, and the Cadmium directive. A SAFE FUTURE The toy safety directive is presently being revised by the European Commission and a revised directive is expected to be agreed just before Christmas, adopted in January and likely to enter force in spring 2009. There will be a two-year transition period, meaning that toys imported into the EU after spring 2011 must comply with the new requirements. There is likely to be an additional transition period of perhaps two years for toys to comply with the strict new requirements relating to chemicals. FEBRUARY 2009