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European Toys Directive 2009/48/EC - January 2011
In June 2009, the EU published new Toy Safety Directive 2009/48/EC replacing the old directive 88/378/EEC.
While the new directive has been in force since July, 2009, it will be implemented to national legislation this month by January 20, 2011 covering all Member States. The general provisions for the new directive will apply to toys placed on the market as of July 20, 2011.
The limitations on CMR (Carcinogenic, Mutagenic or Reproductively Toxic) chemicals for accessible toy parts on the other hand, has a longer transition period under the new directive, applying to toys placed on the market as of July 20, 2013. Part III of annex II of the old directive 88/378/EEC will remain in effect during this change-over period since the chemical restrictions are more complicated.
As we begin 2011, here’s a refresher on what’s relevant about Directive 2009/48/EC to our industry.
In particular, the new directive has expanded the definition of “toys”. The old directive defined toys as products “clearly intended for use in play by children of less than 14 years of age”. Therefore, the regulation strictly covered products labeled and marketed as toys.
The new directive on the other hand has amended that definition, to be “any product or material designed or intended whether or not exclusively for use in play by children under 14 years of age”. With the amended definition, it now considers reasonable foreseeable use to be significant over the "declared" intended use stated by the manufacturer.
In short, even if a product is not labeled, or sold as a toy, but its anticipated use(s) may be similar to that of one, it may still be considered a toy. It also does not have to be exclusively designed or intended for “use in play” to be considered one, so dual function products for instance, such as key chains with a small stuffed animal, or decorative pens with a fuzzy top could both be considered toys as well.
As many products using substrates may fall under this category, significant markets may be affected where before it may previously not have been, as is the case with certain educational products.
For more details on this regulation and how it may affect you as a finished product manufacturer, access the link below:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:170:0001:0037:en:PDF
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