The new definition of toys, detailed requirements on warnings and labeling, analysis of the potential hazards of toys, the obligation to issue a declaration of conformity, these are some of the changes introduced by the provisions on the requirements for toys, entering into force today

The new regulations specify the responsibilities of undertakings, both shop owners, manufacturers and importers. The aim is to ensure the safety of children

In the European Union, in the games and toys sector there operate about 2,000 undertakings employing more than 100 thousand employees. Potential users of products marketed by this sector - namely children under the age of 14 years - include around 80 million in the EU, in this over 5.7 million* live in Poland.

Regulation on the essential requirements for toys, entering into force now, adapts national law to the European Union regulations. The new regulations specify the responsibilities of undertakings, both shop owners, manufacturers and importers. The aim is to ensure the safety of children.

New definition of toy

So far only products specifically designed and intended for playing were recognized as toys. Under the new rules, a toy is a product designed or intended for fun and such that because of its characteristics or appearance can be used for play by children under the age of 14 years. Under the new rules the definition of toys will be expanded. An example of a product meant not only for play but classified as a toy are key chains with the mascots.

The regulation also introduces changes in the way of defining other products meant for play. Is a skateboard a toy or sports equipment? According to the new rules it depends on the weight of the child. According to the regulations coming into force today, sports equipment designed for children weighing less than 20 kg is a toy. Sample skateboard will be a toy within the meaning of the new law only if it is designed for children weighing less than 20 kg. It should then have a declaration of conformity and the indication referring to the toys. Exceeding the weight criterion classifies the product in category of sports equipment, which is subject to other regulations. This is another example of the changes in the definition of toys, which resulted from the regulation entering into force.

More information on packages

- Contains fragrances that may cause allergies - it is a completely new type of warning, which according to the rules must appear on fragrant toys, such as games, aimed at teaching the child to distinguish between fragrances or flavors. Cosmetics for children also cannot miss it. The packaging of products containing fragrances will also have to bear the information on the type of compounds used, such as cinnamic aldehyde, and extracts of oak moss.

In addition, all toy manufacturers will have to comply with more stringent limits for harmful substances. Undertakings have two years to adjust to the obligations for compliance with the new limits.

Threat analysis

New obligation involves the need of the manufacturer to carry out analysis of hazards that the toy may present and assess the potential exposure to such risks before placing a toy on the market. This means that already at the design stage, the manufacturer should prevent or minimize potential hazards.

Declaration of compliance obligatory from today

All toys sold in Poland must have a CE mark, which confirms that the product complies with the basic requirements of safety, applicable in the UE. If the manufacturer wishes to mark a toy with the CE mark, it must meet several requirements, e.g. in respect of durability, structure and materials. The new rules, starting today, encumber all toy manufacturers with the obligation to issue a declaration of conformity i.e. a document, in which based on their own responsibility they declare that the toy manufactured complies with the essential requirements. Until now, the preparation of the declaration of conformity for the toys was not mandatory. The basis for the declaration of conformity is the technical documentation covering the production process e.g. conceptual design or results of design calculations.

The new regulations require the manufacturer or its representative in Poland to keep the declaration of conformity of toys for 10 years after its putting on the market. In the case of toys imported from abroad some of the responsibility in this regard is taken by the importer, who will be required to provide the control authorities with access to the declaration of conformity, for 10 years. So far, the rules did not impose such an obligation on the importer.

Additional information on regulations regarding toys can be obtained in one of 110 consulting units of the Polish Agency for Enterprise Development. The Ministry of Economy will also provide information about the requirements concerning toys.

Additional information for media:
Małgorzata Cieloch, Spokesperson for UOKiK
Department of International Relations and Communication
Pl. Powstańców Warszawy 1, 00-950 Warszawa
Tel. 22 827 28 92, 55 60 314
faks 22 826 11 86
E-mail: [SCODE]bWFsZ29yemF0YS5jaWVsb2NoQHVva2lrLmdvdi5wbA==[ECODE]

* Data based on http://ec.europa.eu/enterprise/sectors/toys/index_en.htm and Demographic Annual, Warszawa 2010